COACHING SERVICES AGREEMENT

WHEREAS Sportball Systems Inc. has developed a successful and unique system of non-competitive sports programs for young children, including programs, activities, coaching methodology and related products and services (the “Business”);

AND WHEREAS the Employer is an authorized Sportball franchisee;

AND WHEREAS the Employer wishes to retain the Employee from time to time to coach Sportball programs (each a “Program”) during classes, camps, birthday parties and other events designated by Sportball (each an “Event”) at Sportball centres, community centres, camp sites, schools and other venues where Programs are conducted (each a “Venue”), on the following terms and conditions:

The parties agree as follows:

1. Engagement

The Employee will be retained by the Employer from time to time to coach Programs at such Events as may be mutually agreed upon between the parties.

2. Duties and Compensation

(a) Duties

As a Sportball coach, the Employee’s responsibilities in respect of each Event shall include:

(i) preparing the Venue;
(ii) attending at the Venue at least five (5) minutes prior to the scheduled start of each Program;
(iii) conducting each Program in accordance with Sportball standards;
(iv) cleaning and restoring the Venue following each Program;
(v) communicating with parents or guardians as required;
(vi) completing registration and attendance forms;
(vii) meeting with and assisting the Sportball Program Co-ordinator with registration and administration of participant files;
(viii) transporting the base equipment kit required for each Program; and
(ix) transporting the multisport kit, when applicable.

(b) Event Fee

The Employee shall be paid a fee for each Event coached, at the rate set out in Schedule “A” attached hereto, as may be amended from time to time by mutual written agreement.
The Event fee is intended to compensate the Employee for the preparation, setup, delivery and cleanup associated with that Event.

(c) Hourly Compensation

In addition to the Event fee, the Employee shall be paid an hourly rate equivalent to the prescribed minimum wage for the following approved duties:

(i) travelling directly from one Event to another, provided the later Event begins no later than one (1) hour after the preceding Event;
(ii) attending staff meetings;
(iii) attending training workshops, approximately four (4) times per year; and
(iv) performing other work-related functions, provided prior approval has been obtained from Employer management.

(d) Payment Method

The Employee shall be paid monthly based on timesheets submitted by the Employee and approved by Employer management, or, at the Employer’s option, based on timesheets prepared by the Employer.

3. Uniform

The Employee is required to wear an official Sportball uniform while coaching. The cost of the uniform shall be borne by the Employee unless otherwise agreed by the Employer.

4. Collection of Fees

The Employee may, from time to time, be required to collect and remit to the Employer payments made by parents or organizations. The Employer shall advise the Employee of the applicable procedures.

5. Cell Phone

The Employee shall carry a functioning cellular telephone at all Programs for emergency purposes.

6. Policies and Rules

The Employee agrees to comply with all rules, regulations, policies and procedures of the Employer in effect from time to time, including privacy and safety policies, as communicated by the Employer.

7. Outdoor Venues and Camps

(a) The Employee shall comply with all rules and regulations applicable to each camp or outdoor Venue.

(b) In addition, while coaching at any summer camp or outdoor Venue:

(i) the Employee shall wear appropriate sun protection, including a hat and sunscreen;
(ii) the Employee shall not leave the Venue during working hours without the consent of the camp director;
(iii) in the event of inclement weather, the camp director may assign alternative duties or Programs;
(iv) a Sportball t-shirt must be worn at all times; and
(v) the Employee shall not recruit participants on behalf of the Employer unless expressly authorized.

8. Termination

(a) This Agreement may be terminated by either party upon written notice, which shall be the greater of:

(i) two (2) weeks’ prior notice; or
(ii) the minimum notice required by applicable employment legislation.

(b) The Employer may terminate this Agreement immediately for cause. “Cause” shall include, without limitation, persistent poor performance after notice, dishonesty, breach of trust, theft, or any conduct materially detrimental to the Employer.

9. Confidentiality and Non-Solicitation

The Employee acknowledges that in providing services, they will have access to confidential and proprietary information of the Employer, including teaching techniques, manuals, financial information, client lists, Program information and participant health or personal information (collectively, “Confidential Information”).

In consideration of this access and training, the Employee agrees:

(a) Non-Solicitation

(i) During the term of this Agreement and for a period of twelve (12) months thereafter, the Employee shall not directly or indirectly solicit, assist in soliciting, or provide services to any person who was a client of the Employer at any time during the six (6) months preceding the termination of this Agreement, including children enrolled in Programs and their parents or guardians.

(ii) If the Employee is or becomes a senior coach and primary contact with clients at any Sportball location, the Employee shall not, for a period of six (6) months following termination, provide similar or competitive services to any such clients with whom the Employee had direct contact.

(b) Confidentiality

The Employee shall not, during or after employment, use or disclose any Confidential Information except as required in the performance of duties. This obligation does not apply to information that becomes publicly available through no fault of the Employee.

(c) All manuals, materials and documents provided by the Employer shall be returned immediately upon termination, without retaining copies.

(d) The Employee acknowledges that these restrictions are reasonable and necessary to protect the Employer’s legitimate business interests.

10. Certifications

The Employee confirms that they hold valid CPR and first-aid certification and shall provide updated certificates upon commencement and annually thereafter.

11. Background Screening

The Employee consents to background investigations and agrees to provide a valid police Vulnerable Sector Screening clearance as a condition of employment.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.