This Agreement is between The University of Texas ______________1 ("___________2") and ________________3 ("____________4").
For and in consideration of the mutual promises and covenants set forth herein, the parties agree as follows:
I.
TERM
Subject to the terms and conditions of this Agreement, ___________________2 will employ ____________________4 as head __________________5 coach for the ______________________6 intercollegiate ___________________5 program ("Program") for the period beginning __________________7, and ending ______________8.
II.
DUTIES
As head ______________5 coach, ________________4 shall have the responsibility for the planning, supervision, and coordination of all aspects of the Program, including but not limited to:
1. making recommendations to the Director of Athletics ("Director") regarding the employment and salary of all assistant coaches and support staff;
2. the assignment of duties and supervision of the performance of the assistant coaches and all other personnel assigned to the Program; and
3. planning, supervising, and coordinating the recruitment and training of student athletes for the Program.
________________4 shall also perform such other duties and responsibilities as may be assigned from time-to-time by the Director.
III.
COMPENSATION
* A. Annual Salary.
Effective __________________7, the Annual Salary for duties performed by _____________________4 under this Agreement shall be $_______________, payable in _______________9 monthly installments. The Annual Salary will be reviewed at least annually and may be adjusted as required by the legislature or as deemed appropriate by ________________2.
B. Summer Camps.
__________________2 will sponsor summer _____________5 camps for youths from _________ to ___________ years of age. For the period that ______________4 is the head ______________5 coach, ____________4 will be required to perform such services in connection with such camps as may be assigned by the Director and will be paid $_____________ annually for such service. Payment will be made within thirty (30) days following completion of the summer camp and the related accounting process. ______________4 shall not be entitled to conduct or direct summer camps that are not sponsored by ______________2.
C. Automobile.
For the period that _____________4 is head ___________5 coach _____________2 will [Option 1: use best efforts to obtain a courtesy automobile from a local dealership for the use of _____________4.] [Option 2: lease an automobile for the use of ____________4.] The business and personal use of the automobile will be reported weekly to the office of ______________2's Vice President for Business Affairs in a format determined by that office. The personal use of such automobile will be valued according to guidelines of the Internal Revenue Service and reported as income to ____________4.
or
For the period that _____________4 is head __________5 coach ________________2 will pay ____________4 a monthly automobile allowance of $__________.
D. Coach's Shows.
_________________2 will produce or arrange for the production and broadcast of a weekly [radio] [television] [radio and television] show during the ___________5 season featuring the Program. For the period that ____________4 is the head ___________5 coach, ___________4 will be required to appear on such show(s) and assist in the product thereof. __________4 will be paid $___________ for services related to the show(s).
E. Athletic Products Promotion and Endorsement.
___________2 may enter into agreements with various manufacturers and distributors to provide athletic equipment, supplies, and accessories ("Products") for ___________2's intercollegiate athletics department. For the period that _________4 is head ___________5 coach, and when required by such agreements, _____________4 will participate in promotional activities and endorse those Products that are provided for use in the Program. ___________4, the assistant coaches, athletes, and other personnel for the Program will be required to use the Products in practice, games, and at public appearances when reasonable and appropriate. For the services provided with regard to promotional activities and endorsement of such Products ___________4 will be paid $__________.
F. Performance Incentive.
When the coaching efforts of ____________4 result in the ______________5 team being recognized in any of the following ways, ______________4 will be paid a Performance Incentive in the amount indicated.
1. Conference Championship - $_______________
2. NCAA or NIT Championship - $_______________
NOTE: [If the institution provides club memberships, a personal expense allowance, or other forms of compensation, additional subparagraphs should be added to Section III.]
IV.
DEDUCTIONS FROM COMPENSATION
Payments to ________________4 by ___________________2 pursuant to the terms of this Agreement shall be subject to all deductions required by state and federal law or regulation. _______________2 will make such other deductions permitted by law and authorized by _________________4 in writing.
V.
REASSIGNMENT
The performance of ________________4 as head _____________5 coach will be subject to periodic review by the Director and, at the discretion of the Director, ________________4 may be removed from the duties and responsibilities as head ___________5 coach and reassigned to other duties and responsibilities within the Athletic Department for the remaining term of this Agreement. In the event of such reassignment, the compensation for the performance of such reassigned duties and responsibilities shall be the Annual Salary in effect at the date of reassignment.
VI.
OTHER EMPLOYMENT
During the term of this Agreement _________________4 shall not engage in any other employment, act in a consulting capacity to any person, partnership, association, or corporation, or receive any athletically related income or benefit from sources outside the institution, except as may be permitted by the Constitution and Bylaws of the National Collegiate Athletic Association, the Rules and Regulations of the Board of Regents of The University of Texas System and with the prior written approval of the President of ________________2. Approval shall be required annually. Each request for approval must be in writing and shall specify the source and amount of the income or benefit to be received. ______________4 shall make a written annual report through the Director to the President of _______________2 specifying the amount of all income and benefits from approved sources outside the institution. Except when ______________4 is required by _________2 to endorse, promote, appear in advertisements of, or consult with regard to athletic equipment or accessories for the purpose of complying with contractual obligations of _________2, the name, marks, or logos of _______________2 may not be used and __________________4 may not be identified as the head _________________5 coach of ______________________2 (1) for purposes related to any employment, consulting, or athletically related activities of ________________4, other than for ______________2, or (2) in connection with _______________4's endorsement, support, promotion, or advertisement of any person, partnership, corporation, association, product, or service.
VII.
TERMINATION
In the event _______________4 accepts employment in any capacity with an employer other than _______________2 (except as permitted under Paragraph VI) or if _________________4 resigns, dies, or becomes permanently disabled to the extent that, in the judgment of the Director, _________________4 cannot satisfactorily perform the duties of head _______________5 coach, this Agreement shall terminate and all obligations of ________2 to compensate ______________4 pursuant to this Agreement shall cease as of the date of such employment, resignation, death, or disability. ______________2 shall be obligated to compensate _______________4 or _______________4's estate in accordance with this Agreement for services performed prior to the termination date and, in the event of disability or death, ________________4 or _____________4's estate shall be entitled to those benefits, if any, that are payable under any ____________2 sponsored group employee insurance or benefit plan in which _______________4 is enrolled.
VIII.
STANDARD OF CONDUCT
The employment and performance of ________________4 is subject to the Policies and the Rules and Regulations of the Board of Regents of The University of Texas System, the institutional rules of ___________2, the Constitution and Bylaws of the National Collegiate Athletic Association, and the Constitution and Rules of any intercollegiate athletic conference of which _____________2 is a member. Violations of such constitutions, bylaws, policies, rules, or regulations by _____________4 shall be sufficient cause for such disciplinary action as may be appropriate under the applicable constitution, bylaws, policies, rules, or regulations.
IX.
MERGER AND AMENDMENT
The provisions of this Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and no prior or contemporaneous agreement, either written or oral, shall have the effect of varying the terms hereof. No amendment to this Agreement shall be effective unless reduced to writing and signed by the parties.
X.
GOVERNING LAW
The validity, interpretation, performance, and enforcement of this Agreement shall be governed by the laws of the State of Texas.
| THE UNIVERSITY OF TEXAS __________2 | HEAD _______________________5 COACH |
| By ________________________________10 | ____________________________11 |
| Date ______________________________12 | Date ________________________12 |
| By ________________________________13 | |
| Director of Athletics | |
| Date ______________________________12 |
KEY TO BLANKS
1. Name of U. T. System component institution
2. Abbreviation of institution name, e.g. UTARL, UTAUS, UTD, UTEP etc.
3. Full name of person to be employed as head coach
4. Last name of person to be employed as head coach
5. Sport for which head coach is employed
6. Men's or women's, as appropriate
7. Date that Agreement begins
8. Date that Agreement ends
9. Twelve (12) or nine (9), whichever is appropriate
10. Type name and title of administrative official signing on behalf of the institution, i.e. either the president or vice president for business affairs
11. Type name of person to be employed as coach
12. Date that Agreement is signed by each person
13. Type name of Director of Athletics
* Use this heading only if coach is to receive other compensation under III.B., C., D., E. or F.
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Last updated November 26, 1996