INDEPENDENT CONTRACTOR AGREEMENT YOUTH VOLLEYBALL COACHING

Transcription

1 INDEPENDENT CONTRACTOR AGREEMENT YOUTH VOLLEYBALL COACHING RECITALS WHEREAS South Metro Volleyball Foundation DBA No Limits Volleyball (COMPANY) is a 501c3 non-profit corporation having a principal place of business and address of 8536 Concord Center Drive (Unit A) in Englewood, Colorado WHEREAS, the COMPANY considers INDEPENDENT CONTRACTOR qualified to perform certain services required by and for the benefit of the COMPANY. WHEREAS, the COMPANY wishes to retain INDEPENDENT CONTRACTOR qualified to perform certain services in the capacity of independent contractor. NOW THEREFORE, in consideration of the mutual promises, covenants, and other consideration as set forth herein, the COMPANY and INDEPENDENT CONTRACTOR hereby agree as follows. The COMPANY offers to hire you as an independent contractor for volleyball coaching according to the following terms and conditions. By signing this Agreement, you agree to the terms below and the specific results to be achieved outlined herein. SERVICES INDEPENDENT CONTRACTOR shall be available and shall provide professional services in the area of youth volleyball coaching as needed and requested and as may be further designated in the attached Service Schedule. CONSIDERATION All payments to be made within 30 days of completion for each applicable session and shall be mailed to INDEPENDENT CONTRACTOR'S last known address. Payment amount shall be further defined in the attached Service Schedule. EXCEPTIONS This Agreement contingent upon the services being 100% completed. If INDEPENDENT CONTRACTOR achieves only partial results (misses any practices, games, tournaments, or other events stated in the description herein), the rates will be prorated accordingly. EXPENSES During the term of this Agreement, INDEPENDENT CONTRACTOR is solely responsible for any out-of-pocket expenses which are incurred in connection with the performance of the duties hereunder. Included in the foregoing, expenses for the time spent by INDEPENDENT CONTRACTOR in traveling to and from the COMPANY facilities shall not be reimbursable.

2 INDEPENDENT CONTRACTOR Nothing contained herein or any document executed in connection herewith, shall be construed to create an employer-employee partnership between the COMPANY and the coach. The coach is an INDEPENDENT CONTRACTOR and not an employee of the COMPANY or any of its subsidiaries or affiliates. The consideration set forth above shall be the sole consideration due INDEPENDENT CONTRACTOR for the services rendered hereunder. It is understood that the COMPANY will not withhold any amounts for payment of taxes from the compensation of INDEPENDENT CONTRACTOR hereunder. A. I hereby certify that I am neither a full-time nor a part-time employee of the COMPANY, as I am free from the control and direction in the performance of my service B. Further, I have been engaged with other businesses or organizations performing services related to or similar to those which I perform for the COMPANY. C. To evidence that I am engaged in independent business or services and am free from control or direction in the performance of services, the COMPANY typically: D. I understand that as an independent contractor I am NOT entitled to unemployment insurance benefits or workers' compensation insurance and that as such, I am required to obtain my own insurance coverage. E. As an independent contractor, I am obligated and shall be responsible for payment of all federal, state and local taxes including, but not limited to, federal and state unemployment, social security, Medicare, and income taxes. If my total earnings exceed $600 in one calendar year, I shall receive a 1099 Federal Tax form from the COMPANY. F. The COMPANY will not be responsible to me for any loss or damage to my property or personal injury to me, however caused. Further, I agree to indemnify and hold harmless the COMPANY from acts on my behalf that might give rise to any lawsuits or claims against the COMPANY. G. This Independent Contractor's Agreement shall be governed by the laws of the State of Colorado. 1. Does NOT require me to work exclusively for their organization, prior to or subsequent to the finite contracted non-compete period, specified herein. 2. Does NOT establish a quality standard for my services except to provide plans and specifications regarding the work, but not oversee the actual work or instruct me on how the work will be performed. 3. Does NOT pay me a salary or hourly rate, but uses a contract rate however, sometimes it may be necessary to pay me hourly for some independent contractor services. 4. Does NOT terminate my work during a contract period unless I violate terms of the contract or fail to produce results that meet the specifications of the contract. 5. Does NOT provide more than minimal training for me. 6. Does NOT provide benefits to me except to provide necessary materials and equipment. 7. Does NOT dictate the time of performance except to establish a completion schedule and/or range of mutually agreeable work hours. 8. Does NOT pay me personally, unless my business name is the same as my personal name.

3 CONFIDENTIALITY In the course of performing coaching services, the parties recognize that it may be necessary or desirable for the COMPANY to provide Confidential Information to INDEPENDENT CONTRACTOR for the purpose of coaching, supervision, management, or administration. This Agreement covers all Confidential Information disclosed to INDEPENDENT CONTRACTOR since the original date the professional relationship commenced. With respect to the information disclosed, INDEPENDENT CONTRACTOR agrees as follows: "Confidential Information" shall include, but not be limited to, customer information (names, ages, addresses, phone numbers, addresses), performance data, sales figures, financial data, contractual and special marketing information, ideas, business databases, forms, methods of operation, rulebooks, manuals, score sheets, and concepts originated by the COMPANY, and which the COMPANY desires to protect against unrestricted disclosure or competitive use, and which is furnished pursuant to this Agreement. INDEPENDENT CONTRACTOR covenants and agrees that during the term of this Agreement and for a period of five (5) years following the termination of such, to keep all information confidential and not discuss or divulge it to any person or persons outside its organization or to any unauthorized person or persons. This includes all individuals who are not independent contractors of the COMPANY. INDEPENDENT CONTRACTOR further agrees that if questioned about information subject to this agreement by anyone not authorized to receive such information, INDEPENDENT CONTRACTOR will notify the Company within 24 hours. Any and all information that is received from the COMPANY falls under Section 4 (Confidentiality) of this Agreement. Any information provided by the COMPANY shall be used only in furtherance of the purposes described in this Agreement, and shall be, upon request at any time, returned to the COMPANY. If INDEPENDENT CONTRACTOR makes unauthorized disclosure of the COMPANY's protected information, CONTRACTOR shall notify such other party immediately and take all steps reasonable and necessary to retrieve the lost or improperly disclosed information. INDEPENDENT CONTRACTOR agrees that all Confidential Information shall remain the property of the COMPANY, and that the COMPANY may use such Confidential Information for any purpose without obligation to INDEPENDENT CONTRACTOR. Nothing contained herein shall be construed as granting or implying any transfer of rights to INDEPENDENT CONTRACTOR in the Confidential Information, or any patents or other intellectual property protecting or relation to the Confidential Information. TERM This agreement shall commence on the date of INDEPENDENT CONTRACTOR signature. The initial term of this Agreement shall be one (1) year commencing as of the date hereof. Thereafter, the term of this Agreement shall automatically renew for successive one (1) year terms unless one party provides written notice to the other party at least thirty (30) days in advance of the end of the then existing term that it does not wish to renew the term of this Agreement. The COMPANY may terminate this Agreement at any time without prior written notice if the INDEPENDENT CONTRACTOR is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the COMPANY, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement.

4 COMPLIANCE The INDEPENDENT CONTRACTOR represents and warrants that INDEPENDENT CONTRACTOR will comply with all applicable federal, state and local laws and regulations. INDEPENDENT CONTRACTOR also agrees to maintain in current status any required or advisable certifications, including without limitation coaching certification, concussion certification, and any other certification required by the COMPANY or the State of Colorado. DISPUTE RESOLUTION If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. In the event mediation fails, either party may submit any unresolved controversy to binding Arbitration, held in Denver, CO and administered by the American Arbitration Association under its Commercial Arbitration Procedures. The judgment rendered by the arbitrator(s) may be entered in any court in Colorado having jurisdiction. The prevailing party shall be entitled to recover its reasonable attorneys fees and/or all other costs incurred as the result of the Arbitration. MISCELLANEOUS Entire Agreement. This Agreement, together wthl all duly executed and outstanding Service Schedules, constitutes the entire agreement between the parties and supersedes all other oral or written communications, representations or agreements between the parties. AMENDMENTS. This Agreement may not be altered, modified or amended except in writing and signed by all parties to this Agreement. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. SEVERABILITY. If any provision of this Agreement is held to be illegal, invalid or unenforceable under applicable law, such provision shall be severable from the remainder of this Agreement, which shall remain in full force and effect. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, the undersigned have executed this Independent Contractor Agreement as of this day of, 20. Independent Contractor: By (Signature): Printed Name: Title (if any): South Metro Volleyball Foundation: By (Signature): Printed Name: Title:

5 SERVICE SCHEDULE TO INDEPENDENT CONTRACTOR AGREEMENT This Service Schedule dated as of the day of, 20 is by and between South Metro Volleyball Foundation DBA No Limits Volleyball (COMPANY) and the Independent Contractor listed below. This Service Schedule is executed pursuant to the terms and conditions of the Independent Contractor Agreement (AGREEMENT) as of the date entered on the Execution page by and between the Parties. For the avoidance of doubt, in case of any inconsistencies between the terms and conditions of this Service Schedule and those of the AGREEMENT, the terms and the conditions of the AGREEMENT shall govern. SERVICES AND PAY RATES CONTRACTOR may provide the following services listed below. To the extent these services are provided by CONTRACTOR, CONTRACTOR shall be paid as follows: Head Coach for Competitive League Team (each session spans 8 weeks) Includes: 8 x 1.5-hour practices 3 x 2-hour Saturday double-headers 2 x all-day tournaments (estimated at 8 hours each) $300 per team Assistant Coach for Competitive League Team $0 per hour (all assistant league team coaches are strictly volunteers) Substitute Head Coaching for Other Teams (added or subtracted as necessary) $10 per hour Head Coach for Gold Crown Team (each session spans 6 weeks) Includes: 6 x 1.5-hour practices 6 x Sunday double-headers $200 per team Camp, Clinic, Private Lesson, Open Gym, Tryout/Eval, Developmental Program, or other Instructional Coach (added as necessary) $20 per hour for head coaching / $10 per hour for assistant coaching Administrative Work (added as necessary) $10 per hour Supervisor Work (added as necessary) $10 per hour Officiating (added as necessary) $10 per hour for non-certified referees / $15 per hour for CVOA certified referees

6 This Service Schedule and the services described herein are subject to review from time to time. If it is determined that changes to this Service Schedule are necessary, the parties agree to amend this Service Schedule to reflect any new services Contractor shall provide to Company. Any agreed changes will be evidenced by a new fully executed, Service Schedule that shall replace the previous Service Schedule in its entirety. In Witness Whereof, the undersigned have executed this Service Schedule as of the date first written above. Independent Contractor: By (Signature): Printed Name: Title (if any): South Metro Volleyball Foundation: By (Signature): Printed Name: Title: ADDITIONAL DOCUMENTS ATTACHED:

7 WHEN CHECKS ARE PAID As outlined in our online contracts, checks are paid using the following procedures: 1. League and club coaching is paid at the end of each league session. Once the final tournament has ended, calculation of all paychecks begins (calculation takes at least a week). You can expect your check approximately 10 days after the tournament. 2. Other miscellaneous coaching is paid at the end of each month. Examples include coaching for clinics, camps, privates, subcoaching, mentoring, and other administrative tasks. You can expect your check approximately 10 days after the month has ended. 3. Officiating is paid at the end of each month. Your total check will be based on what times you signed-in/signed-out. Once a month has ended, calculation of all paychecks begins (calculation takes at least a week). You can expect your check approximately 10 days after the month has ended. 4. Contractors must accumulate $25 or more in earnings to initiate a check. This is due to the sheer volume of checks we process. It takes about a week to process hundreds of checks. Once your check is issued, factor in additional time for the postal service to deliver. EXPECT YOUR CHECK ~10 DAYS AFTER THE PAY PERIOD ENDS.

8 MANDATORY "TEAM" POLICIES Contact Your Team: We announce teams, coaches, and schedules ONE week before each session begins. As soon as we announce this, you must send an blast to the team as a whole (we tell you how to do it in our software). This eblast should welcome them to the league, tell a short snippet about you, and ask for confirmation back that everyone located the team schedule okay. For ANYONE who does not reply to your eblast, you must contact them by phone--please let us know when this happens so that we can give you needed phone numbers. Take attendance: You must take attendance at your first practice, and then notify us immediately if you have a player there who is NOT on your roster! Have a Parent Meeting: At the start of a new season, ALWAYS have a parent meeting, no matter how short. You can do this in the gym right before your first practice begins (if you are the last team in the gym, do not hold the meeting "after" practice). This is your KEY opportunity to express your philosophies and goals for the season! It is also essential for you to tell parents what to expect of you, as well as outline important rules you created and tell parents "playing time" is not an acceptable topic. Tell parents that if they have questions or would like to discuss something, to follow this process: 1) Have the player talk to the coach (if issues remain, go to step 2). 2) Allow the parent to talk to the coach (if issues remain, go to step 2). 3) Direct the parent to our "feedback" button at the very bottom of our website home page (they fill out a survey and we contact them). 4) If issues remain, they may call our main number or our main line, but this will be a much longer process. 5) Remind your parents to have patience--we are the largest club in the nation, and our main /line fields hundreds of incoming messages daily. Handing Out Team Jerseys: Once teams are formed, we order all of the jerseys. It takes a week for them to ship us the BLANK ones, and about a week for us to put all of the decals on. We USUALLY have them ready before the first games of the season. When they are ready, we put them in a bag and label them for your team. BEFORE you hand them out, use the label to see which jerseys go to which player (by size and number). Do not hand them out randomly...each player ordered something VERY specific.

9 Using Parents and/or Assistants: Because we offer the lowest prices in the industry on a truly competitive volleyball league AND award numerous scholarships each session, we do not have any funds to pay assistant coaches...so in all scenarios, assistants are volunteers. Further, any adult that steps on the court with you in a "coaching" role must have a background check. Do not allow anyone over 18 to assist you until you have submitted their information to us and obtained subsequent APPROVAL to use them. Coaches CANNOT Cancel Practices: Under no circumstances may a coach decide to cancel a practice (we will find you a sub if you cannot make it). Players/customers PAID for exactly 8 practices, so if you were to cancel any of them, WE would owe them a partial refund and your check may be docked to compensate. This rule holds true for games and tournaments, as well. If you cannot make it to a practice. game, or tourney), please contact management as far in advance as possible so that we can find a suitable sub for you. If it's last-minute (like a traffic jam) text or call Petra or...as a last resort, or call our main communications desk: nolimitsvolleyball@gmail.com / Tournament Schedules When you get your team schedule one week before the season starts, it will list "TBA" for all tournaments. Because we accept teams from all over Colorado (including many USAV teams) and from out of state, we leave registration open for tournaments until 14 days prior. At 14 days before the tourney, our tournament wizard organizes about 100 teams into numerous divisions across numerous facilities. This takes about a week, so the details of ANY given tournament cannot be announced more than ONE WEEK prior to the event. PLEASE make sure you, your players, AND your parents understand this. If they do not know "why" we wait until 7 days before a tourney to announce divisions, locations, and times...parents get upset. (By the way, we usually provide actual pool sheet schedules a couple of days before each tourney...these also take about a week to create once the divisions are announced.) Coach Certification All No Limits Volleyball coaches must be certified at Level 1 of the National Volleyball council. These clinics are free, last only 2.5 hours, and will enhance your current coaching expertise. We schedule more than one of these per month year round, so attend one as soon as possible. COACHES WILL NOT BE PAID UNTIL THEY ACHIEVE LEVEL 1 CERTIFICATION!