Club Player Contract (non-employee)
This Contract sets out the Contract terms between West Harbour Rugby Union Football Club (hereinafter “your Club”) and you agree that you will play Rugby for your Club and comply with the requirements, policies and obligations required of you by this Contract and as notified to you during its term.
It is intended to create a legally binding contract between you and your Club. The Contract will be in place when you click to accept the terms online as below.
Should you be under the age of eighteen (18) or parent or legal guardian must read and accept the terms of this Contract on you behalf
Please read this Contract carefully and get legal or professional advice on it if you require.
1.1 You will be engaged by your Club as a Rugby player for the period of date to date/ OR period
2.1 You acknowledge that you are not employed by the Club and this Contract does not create a relationship of employment, partnership or joint venture between you and your Club .
2.2 You may have employment during the term of the contract, but it must not interfere with your playing, training, travel and promotional obligations to your Club.
3. Your obligations
3.1 You agree to:
(a) give your best efforts and loyalty to your Club.
(b) Train and play Rugby in the teams and at the dates, times and venues directed by your Club including playing Rugby in accordance with the Laws of the Game and any applicable rules or regulations applicable to the competitions in which your Club may be engaged.
(c) Report promptly for, attend and participate in all reasonable Rugby Activities as directed by your Club including functions, sponsor events, medical appointments and rehabilitation sessions, camps, meetings or other activities relating to you participating as a Player within your Club.
(d) Comply with any directions or policies given to you from time to time by your Club including but not limited to support of sponsors and official supplier arrangements your Club may have.
(e) Notify your Club prior to entering into this Contract is you have entered into or made any contract, arrangement or commitment that may give rise to a conflict with your obligation under this Contract.
(f) Notify your Club prior to entering into this Contract if you have any medical condition or injury.
(g) Sign when called upon to do so such declaration required to provide for your acknowledgment to the Australian Taxation Office that any benefits you receive under this Contract is as a hobby for purposes of your Club to not being liable for payment of superannuation to you.
(h) Attend club promotions, community work estimated at between 2-4 hours per month and appearances at events as directed by your Club.
(i) Participate in junior development training and events as directed by your Club.
i. play Rugby or engage in activities related to Rugby, including strength and conditioning training, as directed by your Club, other than matches and activities played or performed under the control of or authorised by your Club;
ii. play any other football code or engage in activities related to any other football code including but not limited to rugby league;
iii. play other sports, or engage in recreation or other activities, where there is a significant risk of personal injury or there is pre-arranged media coverage; or
iv. participate in any sporting activity where you are paid for your participation.
v. Breach any policies or directions of your Club as given to you from time to time.
4. Termination of Contract
4.1 You acknowledge and agree that during the Term you must perform the obligations set out in this letter to the satisfaction of your Club. If your Club is of the opinion that your performance of your obligations is consistently unsatisfactory your Club may, on the provision to you of two weeks’ notice, terminate this Contract after which you may be directed not to attend Rugby Activities on behalf of the Club.
4.2 In the event you enter into this Contract with an undisclosed medical injury or condition then this Contract may be terminated without any notice period.
5.1 In consideration of your performing the playing, training and other obligations set out in this letter, your Club will provide you or procure the provision to you of the benefits set out in Schedules A and/or B (Benefits) at the times set out.
6. Publicity and promotions
6.1 You grant to your Club and any of its respective sponsors, during the Term, the unlimited authority to use your name, image, likeness, talents and reputation in any form or medium for the purpose of publicising and promoting the game of Rugby, the ARU, the New South Wales Rugby Union (the NSWRU) and your Club (the Rugby Bodies), any goods or services of a sponsor of the Rugby Bodies, any Rugby Body team or squad and any competition or tournament in which a Rugby Body team participates.
7. Risk and Health Insurance
7.1 You acknowledge that the training and playing of Rugby has inherent dangers where you may suffer injury and loss and your Club is not responsible for any injury sustained by you during the Term. You waive and release, the NSWRU and your Club, and all persons currently and formerly affiliated with them, from any and all responsibility or liability for any injury or damage, or for loss or theft of property, in any way arising out of or related to your participation in any activities, services, facilities and equipment offered during the Term
7.2 You warrant that you are a financial member of, and contributor to, a registered health fund approved by the Club. Proof of financial membership of a registered health fund is required during this Contract and you undertake to ensure by prompt payment of contributions as and when they fall due and by compliance with all other rules and regulations of the fund that you will remain at all times eligible to receive, in case of sickness, injury or other contingencies covered by the fund, the maximum benefits offered by the fund and available on payment of the highest contributions.
7.3 You acknowledge that your Club is not liable at any time for your contributions, nor to make any payment to you upon your failure to comply with your obligations under this clause and your Club may at any time require you to produce proof of membership and financial status in your health fund.
7.4 You must promptly report to the Club’s medical advisors and or contractors any injury, illness or ailment sustained during, or arising out of or in the course of your engagement with your Club or which is of a kind likely to prevent you from performing any of your obligations under this Contract.
7.5 It is compulsory to wear a mouth guard at all times whilst playing and training.
8.1 You acknowledge your Club and the game of Rugby would be damaged by any impairment of public confidence in the honest and orderly conduct of matches and competitions or in the integrity and good character of players and other participants.
8.2 If you:
8.1.1 game of Rugby, your Club or any squad, team, competition, tournament, sponsor, official supplier or licensee, including, but not limited to, any illegal act or any act of dishonesty or fraud;
8.1.2 breach the terms set out in this Contract;
8.1.3 breach the ARU, the NSWRU your Club’s Code of Conduct or the ARU’s Doping By-laws;
8.1.4 breach the Laws of the Game relating to Foul Play or Misconduct; or
8.1.5 assault, abuse, threaten or intimidate a referee, touch judge, coach, trainer or any other person involved in, or connected with the NSWRU, the Club or the game of Rugby during the Term, whether on or off the field,
then your Club will require you to attend a misconduct hearing. Your Club may discipline you in accordance with the ARU or NSWRU Code of Conduct and/or determine a sanction as it sees fit and/or suspend or terminate this Contract.
9. Professional Rugby
9.1 Should you be signed to a professional rugby contract with The Australian Rugby union or a Super Rugby Franchise anywhere in Australia your Club will release you to the relevant team for the purpose of you fulfilling training and playing obligations with that team provided that you give your Club written notice as soon as possible after any such signing.
9.2 The release to a team in accordance with Clause 9.1 is conditional on you remaining as a player for your Club on your return to club Rugby.
9.3 Should you be signed to a professional rugby contract outside of Australia during the term of this Contract, your Club will negotiate a release from this Contract providing a reasonable fee of not less than 70% of the total value of this Contract is paid to your Club.
10.1 All terms and conditions and Contracts raised in this contract must remain confidential at all times. You must not discuss the terms and conditions of this Contract with any other person without the prior written consent from your Club.
11.1 Your Club will send all notices and other written communications to you at your address as notified by you. You must inform your Club of a valid email address and postal address for you at all times during the Term and if that address changes your will notify your Club immediately .
11.2 This Contract is governed by the laws of New South Wales and you agree to the exclusive jurisdiction of the courts of New South Wales.