Surf Life Saving New Zealand

Transcription

1 Surf Life Saving New Zealand Athlete Agreement /2019 Squad - Example Congratulations on your selection to the New Zealand Squad. This agreement sets out SLSNZ s obligations to you and your obligations to SLSNZ as a member of the NZ Squad and/or, if selected, as a member of a SLSNZ team. If you agree to the terms and conditions set out in this Agreement please sign and date this agreement and return the signed copy to Mike Lord at SLSNZ by Monday 16 th April If SLSNZ do not receive a signed copy of this Agreement by this date you will be deemed not to have accepted the terms and conditions of this Agreement and may be withdrawn from the Squad, and SLSNZ may select another person to replace you. 1. Background 1.1. From time to time SLSNZ selects national squads and teams for training purposes and to represent New Zealand and compete in international competitions and events in accordance with its Selection Regulations You have been selected by SLSNZ as a member of the SLSNZ Squad ( Squad ). This Agreement sets out the terms and conditions of your membership of the Squad In addition, SLSNZ intends to select teams to compete at various international events and this Agreement applies to any person that is a member of an SLSNZ national team ( Team ). This Agreement sets out the terms and conditions of your membership of any Team(s) for which you are selected Selection to the Squad does not guarantee selection to any Team. SLSNZ can select members of SLSNZ Team(s) from outside the Squad. 2. Term of Agreement 2.1. Notwithstanding the date this Agreement is signed, it is agreed that: a. this Agreement commenced on 16 April 2018 for all athletes selected to the Squad on or before that date; or b. for athletes not selected to the Squad on the 18 March 2018 this Agreement commences on the date you were notified by SLSNZ that you were selected to the Squad or any Team(s); c. and will terminate on 15 March 2019, unless terminated earlier under this Agreement ( Term ). 1

2 2.2. If you cease to be a member of the Squad or a Team but are subsequently reselected to the Squad and/or a Team during the Term, this Agreement will apply to you (from the date you are advised of your re-selection) for the balance of the Term without the need to sign a further copy of this Agreement. 3. SLSNZ Obligations 3.1. While you are a member of the NZ Squad SLSNZ will: a. Selection: select and administer the NZ Squad in accordance with the SLSNZ Selection Regulations. b. Coaching/Management: provide coach(es) and other management and support staff who will be responsible for the training, coaching and preparation of you as a member of the NZ Squad ( Management Team ). c. Individual Performance Plan: work with you to develop an Individual Performance Plan ( IPP ) which may include: (iv) (v) (vi) short and long term performance goals which align to the SLSNZ high performance plan including specific performance milestones; details of your training; a strategy of how you are going to achieve your short and long term performance goals (in training and competition); how and when you will review or measure your progress or success against those goals; the contributing factors that could enhance your approach to achieve your goals; any agreed delivery strategy; (vii) any support team members who will work with you or who you are to report to in relation to matters specified in your IPP; (viii) your progress against the matters set out in your IPP; and (ix) any other information as agreed between the Coach, Management Team, you and SLSNZ. d. Review IPP: monitor and review your progress against your IPP with you on a regular basis. e. Information: provide you with access to documentation relevant to you including the SLSNZ Constitution, Regulations, calendar of events, contact details for SLSNZ personnel and any other information SLSNZ considers you require. 2

3 f. Clothing: if SLSNZ considers it appropriate to do so, provide you with clothing for your use when participating in activities as a member of the NZ Squad. g. Equipment: SLSNZ is not responsible for supplying you with any equipment for your use as a member of the Squad and/or any Team(s). h. Expenses: apply any relevant SLSNZ policies in determining (in SLSNZ sole discretion) whether to reimburse you for any costs incurred by you in relation to your participation in the NZ Squad. i. Athlete-funded campaign costs: use best efforts to ensure all costs are reasonable and provide value for money for the Squad or Team when SLSNZ staff or the Management Team is organising athlete-funded campaigns. If there is any surplus of athlete contributions after all campaign costs have been met, SLSNZ will return this surplus to those members of the Squad selected in that campaign, on a pro rata basis. j. Communication: respond promptly to any questions you may have regarding your position in the NZ Squad. k. Selection: through the Selection Committee select the NZ Squad and any Team(s) in accordance with the SLSNZ Selection Regulations. l. Privacy: collect and store personal information about you including your contact details, training and performance results, and health/medical information. This information will be kept in accordance with the Privacy Act 1993 and will not be collected, stored, shared, or used for any reason except as required by this agreement and to facilitate your membership and participation in the NZ Team. You may access this information by request to SLSNZ. 4. Your Obligations 4.1. While you are a member of the NZ Squad you undertake and agree: a. Good Faith: that you will act with utmost good faith towards SLSNZ and SLSNZ s stakeholders (including sponsors) and will perform your obligations to SLSNZ in a professional and proper manner that reflects your status as a national surf life saving athlete. b. Compliance with Rules: to comply with the following at all times: the SLSNZ Constitution and Regulations (including the Selection Regulation); the rules and regulations of the International Lifesaving Federation ( ILS ); the SLSNZ Code of Conduct; and 3

4 (iv) any policies, procedures, camp and/or tour protocols, decisions or other reasonable directions of SLSNZ. c. Conduct: to conduct yourself in a proper manner to the absolute satisfaction of the coaches, management and support staff, and SLSNZ. d. Individual Performance Plan: to work with SLSNZ to develop your IPP in accordance with paragraph 3 above and seek to fulfil your IPP. e. Fitness: at all times to maintain a level of fitness and standard of competitiveness to enable you to compete in surf life saving to the best of your ability. If you suffer, or become aware of, any illness or injury which might impact on your ability to train and/or compete as a member of the Squad and/or if selected any Team(s), you must comply with paragraph 6 of this Agreement. f. Perform: perform and compete as a Team member to the highest level you can, as you have shown in the period leading up to your selection. g. Anti-Doping: to comply with the SLSNZ Anti-Doping Regulation, including the Sports Anti-Doping Rules (as amended from time to time) issued by Drug Free Sport NZ ( DFS ) and any ILS anti-doping requirements. h. Travel: to travel to and from your normal place of residence at your cost to participate in training camps and other activities organised by SLSNZ on the dates and in the manner determined by SLSNZ unless otherwise agreed with the Management Team. i. Management Team: to remain under the control, management and direction of the coaches, and other management and support staff appointed by SLSNZ to work with the NZ Squad and to comply with all reasonable directions given by them while you are a member of the NZ Squad. j. Contact Details: to have, and inform SLSNZ of, an address and mobile phone number, which you will check regularly to enable you to be kept up to date with relevant information. You agree that if you receive an and/or text message from SLSNZ or any member of the Management Team requesting an urgent response you will reply to that message as requested as soon as possible after receiving the message. k. Communication: to ensure you communicate to the coaches and to SLSNZ any information requested regarding your involvement in the NZ Squad and any other matters you consider are relevant to SLSNZ. l. Athlete Imagery: to grant SLSNZ a perpetual, non-exclusive right to use your name, photograph, image, voice, likeness or other representation of you at any time, in any place, and in any reasonable manner in order to promote SLSNZ or SLSNZ partners, or any aspect of the NZ Team. This may include using photographs of you in SLSNZ or SLSNZ partner promotional materials, including the SLSNZ website. 4

5 m. Personal Sponsorship: that you may have, seek, or obtain personal sponsorship, provided that it does not conflict with any agreements SLSNZ has with its sponsors, and provided that you obtain the prior written consent of SLSNZ to do so. n. Financial Contribution: the NZ Squad and any Team(s) selected from this Squad are athlete-funded programmes. As such, you will be required to pay in advance your share of costs for campaigns that you are selected to compete in. This includes an equal share with other Squad or Team members of Management Team costs. If you are selected to compete in a campaign and have to withdraw or are removed after you have paid your share of costs, SLSNZ will only refund to you any share of costs that SLSNZ can obtain a refund or reimbursement for and SLSNZ will use best efforts to obtain any refund or reimbursement for your share of costs. Standard travel insurance will be in place, and this will assist with recovering costs where the reason for withdrawal is covered by the insurance policy, such as serious illness or injury supported by a doctor s advice. 5. Illness or Injury: 5.1. As soon as practicable after you become ill or injured in a manner which may adversely impact on your performance as a member of the Squad and/or any Team(s) to which you have been selected you shall: a. take all reasonable steps to minimise any further illness or injury; b. notify a member of the Management Team of the fact of the illness or injury as soon as practicable and within 24 hours, and provide such details about the nature and prognosis as s/he reasonably requests; c. if requested by the Coach, attend a medical practitioner and/or other health professional determined by the Coach for an examination (and if necessary any relevant tests), and provide to the Coach that practitioner/health professional s opinion on the nature and extent of the injury and the prognosis in writing. The Coach may request more than one such examination/opinion; d. follow, to the best of your ability, the recommended advice and rehabilitation suggested by the medical practitioner/health professional(s); e. report to the Coach on a regular basis, as determined by the Coach, on the status of the illness/injury; and f. attend such medical personnel as is approved by the Coach, unless it is an emergency. 5

6 5.2. SLSNZ is not responsible for any expenses incurred by you arising out of the diagnosis and treatment of any illness or injury except as otherwise provided for in this Agreement. However SLSNZ agrees to cover the costs of any examination/opinion requested by it under this paragraph If you are ill or injured and in the opinion of the Coach you are unlikely or unable to return to full capacity and train and compete as a member of the Squad and/or any Team(s) to which you have been selected, this Agreement may be terminated by SLSNZ. Before doing so the Coach may request that you supply an up-to-date medical opinion of your illness/injury. adversely 6. Removal / Withdrawal from a Squad or Team 6.1. An athlete who has been selected to a New Zealand team or a New Zealand squad may be withdrawn from the team or squad by the SM and in consultation with the Selection Committee if s/he: a. Breaches or fails to comply with this Policy or any term of the Athlete Agreement; b. Breaches or fails to comply with: the SLSNZ Constitution the Regulations of SLSNZ (including committing any violation of the Sports Anti-Doping Rules) the rules of any event, competition or activity in which the athlete has been selected to participate c. Brings him/herself, another athlete in the squad or the team, or the squad or team as a whole, an official, SLSNZ or the surf life saving generally into disrepute; d. Has a significant illness or injury which in the Selection Committee s opinion will prevent the athlete from continuing to meet the Criteria on which he or she was selected to the team or squad; or e. Fails to consistently maintain the level of performance and/or results required of a selected athlete. f. Fails to pay outstanding invoiced owed to SLSNZ Before withdrawing an athlete under clause 12.1, the SM will notify the athlete of the alleged breach or grounds on which it is proposed to withdraw the athlete. The athlete will be given a reasonable opportunity to provide reasons why he or she should not be withdrawn. 6

7 The Selection Committee and SM will then consider whether the next options for selection are all or some of the following: (iv) Athlete(s) withdrawn; Require the athlete(s) to undertaken specific steps to satisfy their reselection; Athlete(s) to remain selected but with conditions relating to their selection; or Athlete(s) remain selected An athlete that is withdrawn from a New Zealand team may appeal their decision in accordance with clause 11 of this Policy, on the same basis and in the same manner as if they were aggrieved about a decision not to select them to the team in the first place A selected athlete may withdraw from being selected to a team or squad by informing the National Coach of this decision in writing If a selected athlete is withdrawn from selection, the Selection Committee (or in cases of urgency the National Coach and the SM) may select another athlete who, in the Selection Committee s decision, meets the Criteria. 7. Disputes Should you have any dispute with any other member of an SLSNZ Squad or Squad (including coaches, and other management and support staff) other than circumstances relating to breach or termination of your membership of the NZ Team, you must do your best to resolve the dispute in good faith with them. If you cannot agree on a resolution, you must refer the matter to the Sport Manager of SLSNZ who will resolve the dispute as he/she sees fit. The decision of the SLSNZ Chief Executive shall be final and binding. 7

8 8. Indemnity You acknowledge and agree that there is some risk of injury and damage associated with your participation in surf life saving. You agree that SLSNZ will not be liable for any loss, damage, or injury of any kind arising from or in connection with (directly or indirectly) any act, omission, or fault of any person (including SLSNZ) in respect of: (iv) your membership of the Squad and/or any Team(s); your participation in any training or competition under this Agreement; any disciplinary action taken against you by SLSNZ; or any issue arising from your selection or withdrawal from the Squad and/or any Team(s). You indemnify and shall keep indemnified SLSNZ from and against all actions, suits, proceedings, claims, demands, costs and expenses which may be incurred by SLSNZ or taken or made against SLSNZ in connection with or arising out of any loss, damage or injury referred to in paragraph 11.1 above, except to the extent that it is due to gross negligence on the part of SLSNZ, its agents or employees. 8

9 Surf Life Saving New Zealand Athlete Agreement /2019 Squad - Example I trust that this Agreement clearly sets out what SLSNZ expects of you and what you can expect from SLSNZ while you are training with the Squad and/or representing SLSNZ as a member of any SLSNZ Team(s). If you have any questions, please contact me. If you agree with the terms and conditions of this Agreement please sign one copy and return to me by the date listed on page one. You should retain the other copy for your records. Yours Faithfully Mike Lord, Sport Manager Surf Life Saving New Zealand t e mike.lord@surflifesaving.org.nz Please refer to the SLSNZ website or contact me for access to, and copies of, the following documents: 1. SLSNZ Code of Conduct 2. SLSNZ Anti Doping Regulation I [insert full name] have read this agreement and understand it. I acknowledge and agree to its terms and agree to be bound by it. Signed. Date. Return to: Mike Lord, Sport Manager Scan and to mike.lord@surflifesaving.org.nz By: Friday 16 th April