WHEREAS Sportball Systems Inc. has developed a successful and unique concept and system of non-competitive sports programs for young children, including the development of programs, activities, coaching methodology and related products and services (the “Business”); AND WHEREAS the Employer is an authorized Sportball franchisee;
AND WHEREAS the Employer is prepared to retain the Employee to coach Sportball programs (the “Programs” or singularly “Program”) during classes, camps, birthday parties and other events designated by Sportball (the “Events” or singularly the “Event”) at Sportball centres, community centres, camp sites, schools and other venues where Programs are conducted (the “Venue”), on the following terms and conditions:
The parties agree as follows:
1. You will be retained from time to time by the Employer to coach Programs during such Events as you and Employer may mutually agree upon from time to time.
2. (a) As a Sportball coach, your responsibilities will include, in respect of each Event:
(i) preparing the Venue;
(ii) attending at the Venue 15 minutes before the start of each Program;
(iii) conducting each Program;
(iv) cleaning up after each Program;
(v) telephone contact with parents;
(vi) completing registration forms;
(vii) meeting with and assisting the Sportball Program Co-ordinator regarding
registration and administration of participant files, and notwithstanding subsection;
(viii) transport the base kit necessary to each class; and
(ix) transport the multisport kit, if needed.
(b) below, you will be paid a fee for each Event which
you coach at the applicable rate set out in Schedule “A” attached hereto, which fee may be changed from time to time by mutual agreement.
(b) In addition to the responsibilities listed in paragraph (a) above, you will be paid an hourly rate equivalent to the prescribed minimum wage for performing the following duties:
(i) travelling from one Event immediately to another Event, provided that the later
Event commences no later than one hour after the preceding Event;
(ii) attending staff meetings;
(iii) attending training workshops approximately four (4) times a year; and
(iv) performing other work-related functions, provided that you have obtained prior
approval from Employer management to perform and be paid for such work-
related function.
(c) You will be paid on a monthly basis based upon a time sheet submitted by you and verified by Employer management, or at the option of Employer, based upon a timesheet prepared by Employer.
3. You are required to wear a Sportball uniform, which uniform shall be paid for by you.
4. You may be required to collect and forward to the Employer payments made by parents or organizations as the fees for children participating in the Program. Employer will advise you from time to time of the procedure involved.
5. You are required to carry a cell phone to all Programs for use in an emergency.
6. You agree to abide by all rules and regulations of the Employer in force from time to time, including without limitation any privacy policies, which rules and regulations will be communicated to you as they are implemented or changed.
7. (a) For each camp or other outdoor Venue at which you are coaching, you may be provided with rules and regulations. You shall become familiar with, and abide by, all such rules and regulations.
(b) In addition, in respect of each summer camp or other outdoor Venue at which you are coaching:
(i) it is required that you wear a hat and appropriate sunscreen at all times while you are outdoors;
(ii) you may not leave the camp site or other outdoor Venue during work hours
without the consent of the camp director;
(iii) in the event of rain, the camp director may assign you to other tasks and Programs if a specified Program is unable to run;
(iv) a Sportball t-shirt must be worn at all times in order to identify you as a Sportball coach; and
(v) you may not recruit children for the Employer at a camp site or other outdoor
Venue unless authorized by the Employer.
8. (a) This agreement can be terminated by either party by written notice to the other party, which is the greater of:
(i) two (2) weeks prior to the intended date of termination; and
(ii) the minimum period of notice required pursuant to the applicable employment
legislation
(b) Notwithstanding subsection 8(a), the Employer shall be permitted to terminate this For the purpose of this subsection, "cause" shall have the meaning ascribed to it at common-law and shall include, without limitation, consistent poor performance on your part after being advised of the standard required, a wilful act of dishonesty, breach of trust, theft or other conduct that is materially detrimental to the interests of the Employer.
9. You recognize that the Business conducted by the Employer is a unique concept and system, and that in providing coaching services to the Employer, you will have access to confidential information belonging to the Employer, including without limitation, teaching techniques and manuals, financial information, access to client lists, Program lists and confidential information of participants such as reports about the children and health information (collectively the
"Confidential Information"). In consideration of the Employer retaining you to provide coaching services, training you in the Sportball methods and providing you with access to the Confidential Information, you agree:
(a) (i) that you will not, while providing services to the Employer and for a period of
twelve (12) months thereafter solicit, engage in soliciting or assist, or be
interested in or connected with, any other person, firm or corporation in soliciting
any persons who were:
(A) clients of the Employer at the time you stopped providing services to the
Employer or were clients of the Employer at any time during the six (6)
months prior thereto; or
(B) to your knowledge, prospective clients of the Employer at the time you
stopped providing services to the Employer.
For the purposes of this subsection, clients shall include any children attending
Programs and their parents or guardians; and
(ii) in addition, if you are or become a senior coach such that you are the primary
Employer contact with clients at any Sportball location, you will not, while
providing services to the Employer and for a period of six (6) months thereafter,
provide similar or competitive services to any of the children forming part of the
client group referred to in paragraph 9(a)(i) above.
(b) You will not at any time, while providing services to the Employer or thereafter, use the Confidential Information for any purpose or disclose any Confidential Information to any person or entity. Notwithstanding the foregoing, you shall not be required to keep confidential any information that is available, or becomes available, to the public at large through no fault of yours;
(c) You will return all manuals and other printed material provided to you by the Employer without making or retaining any copies; and
(d) You acknowledge that you understand the restrictions set out in this clause, acknowledge that these restrictions are reasonable and agree to be bound by them.
10. You confirm that you are trained in CPR and that you are first-aid certified and will provide updated certificates of CPR and first-aid training by the commencement date of this Agreement and annually thereafter.
11. Recognizing that you will be working with children, you consent to the Employer conducting such investigations as it deems necessary or desirable to ensure that you qualify to coach children, and as a condition of your employment, you will provide a certificate of police clearance with a Vulnerable Sector Screening Clearance to the Employer by the commencement date of this Agreement.
12. This Agreement is governed by and will be construed in accordance with the laws of the province in which the Business is conducted by the Employer and the laws of Canada applicable therein.
Please sign below to acknowledge that you have read, and agree to abide by the above information.
