PLAYER CLUB AGREEMENT
This agreement made and entered into as of September 1 , …. by and between Club……,, address: …….., ……., represented by Mr.
(Hereinafter referred to as the “CLUB”)
Player, ……….., living in the USA address: ………. USA and born: ……………..
(Hereinafter referred to as “PLAYER”),
In consideration of mutual covenants and conditions contained herein, the parties agree as follows:
This Contract is based on a master agreement provided by FIBA Fédération Internationale de Basketball pursuant to FIBA’s Internal Regulations governing Players Agents
- The Club does hereby engage the Player as a skilled basketball player for a term, which shall begin on the date hereof, September 1, 2014 and end on the last day of the play off games 2015 played by Club.
The Player’s engagement during the playing season covered by this agreement shall include attendance and
participation in practices, exhibition games, regular season games, post season playoffs, Cup and tournament games scheduled and entered into by the Club.
- During the period of this agreement, the Club agrees to pay the Player as compensation for the 2018-2019 season, USD net (……….) , to be paid as follows:
- Ten monthly instalments of ……..USD, commencing on October 1, 2018.and ending July 1, 2019 .
Club will also pay a fee of 10% from the fixed mentioned salary to Globe Sports Management Inc. represented by Maarten H van Gent in the USA.
This fee will be paid after by official bill represented within fourteen days after the date of the signing of this
Please initial Player
3a. This shall be deemed a guaranteed contract, fifteen days after the player’s arrival on September 1, 2018
The Club agrees that the payments described above are deemed earned and vested with the Player.
Upon the Player meeting the above criteria the full amount of the payments called for are guaranteed by the Club and neither illness, nor injury nor any other consequence shall relieve the club from paying the amount described in their entirety.
Notwithstanding the agreed guaranteed period of employment, the club will be entitled to terminate this contract in case , the player performs acts of violence against club’s management, coaches and/or other (team) players, using drugs (after contra expertise/second opinion) and/or abusing alcohol.
3b. The club has the right to do a medical exam on the player within 14 days after his arrival in…….
The medical exam will be done by a certified doctor appointed and paid for by the club.
In case of a negative result for the player, the player will have the opportunity to get a second opinion by another certified, independent doctor.
If and when the second opinion confirms the original opinion, the contract shall not come into force.
- The payments described in paragraph 2 above and art. 12 below represented amounts to be paid to the Player after all taxes in Estonia have been deducted (commonly referred to as “net” payments).
In other words, upon receipt of the payments called for, the Player shall have no tax obligation in Estonia relative to the payments.
4a. If, Club fails to pay the mentioned monthly salary, than the player is free to stop practicing and playing until the mentioned payment is made.
Even if the player is not working because of this incident, the team still has the obligation to pay the agreed amount of money until the end of the contract period.
- During the period of this agreement, the Club will provide the Player with the use of an acceptable automobile.
And further provide for automobile insurance for the Player and covering injuries to the Player or to the person or property of others.
It is expressly understood, however, that the Player shall be responsible for his own fuel, oil, normal maintenance and parking and traffic violations.
The cost of major repairs shall be borne by the Club.
- During the period of this agreement, the Club will provide with the use of a furnished apartment,
colour TV, and cable TV that is deemed acceptable to the Player.
The Player will pay all telephone charges, and the Club shall pay all required utility expenses associated with the normal use of the apartment.
The Player shall also be responsible for any damage to the apartment or any of its contents, save and except normal wear and use.
- The Club will provide the Player a round trip coach class airline tickets between the home of the Player in the USA and at ……………
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- During the period of this agreement, the Club shall provide the Player with all medical and non-cosmetic dental services required for the Player while residing in Estonia
In addition, the Club shall carry adequate life insurance coverage to provide for full payment of the compensation due to the Player as described herein.
Club will make all arrangements in Estonia for player s work permit and eventual other needed licenses or permits.
- Basic regulations:
The statutes and regulations of the club
The statutes and regulations of the league
The statutes and regulations of the national member federation of FIBA
The statutes and regulations of the FIBA
The statutes and regulations of the FIBA zone
The Club agrees to pay all the necessary fees required to make the player eligible with FIBA, and Basketball
Federation of Estonia
The club will release the player for his national team according the rules of the FIBA.
- The Player agrees to observe and comply with all requirements of the Club respecting conduct of the team and the players, at all times, whether on or off the playing floor.
The Club may set forth-reasonable rules for the governing of its players.
The Player shall be given a complete set of such rules translated in an English version prior to the beginning of the season.
For any violations of such rules the Club may impose reasonable fines upon the Player.
The Player shall be provided with a schedule of the amounts of such fines as they exist for all the players of the Club.
The Player understands that he must also obey the rules of the League and FIBA and that violations of such rules by him may result in reasonable fines against him or against the Club by FIBA.
If the Player is fined, he shall be given notice in writing stating the amount of the fine and the reason therefore and the Player shall have the right to appeal the amount of and the reason for such fines, according to the rules of the Club, the League, and or FIBA, at that expense.
The Player agrees that he is aware of the use of random drug testing by the Club and the Basketball Federation of……..
The Player hereby agrees to make himself available for the FIBA Doping Test as required by the Club of the Federation.
- In addition to the payments described in art. 2 above of this agreement the club agrees to pay the player in USD currency bonus payments as follows.
The player shall receive the following net bonuses:
All of the above bonuses for the Estonian championship are NET and NON-cumulative.
The bonuses have to be paid within 7 days of earning them.
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Bonuses shall be paid monthly with the player’s salary after said bonus is earned.
All bonuses are guaranteed in the same manner as the player’s basic compensation as described herein above.
The bonuses shall be paid not later than thirty days after the date they were obtained.
Final bonuses due shall be paid before the player departs.
- The Club and Player agree that after the first part after 4 months of the Estonian competition of the 2018-2019 season, the club and player will have an option to break open the contract for the rest of the season and also for the next season 2019-2020. The contract may be terminated unilaterally (written notice, e-mail and etc) only due to the financial deficits in the Club budget after the 4 months from the moment of the signing of the contract. Cancellation period is 5 days after the written statement of the termination of the contract. In the case of cancellation the club must pay ….. USD contractual penalty to the player for the termination of the contract and if the player terminates the contract he has to pay …..USD to the club. After termination of the contract and payment of the penalty to the player or Club. Club shall not to be obliged to continue salary payments to the player. If the club does not make a written statement of cancellation the contract continues with the agreed terms and conditions. In both cases the player will receive his letter of clearance.
- The terms hereof insure to the benefit of binding on the Player, his heirs and assigns, and the Club and its successors and assigns.
- “Any dispute arising from or related to the present contract shall be submitted to the FIBA Arbitral Tribunal (FAT) in Geneva, Switzerland and shall be resolved definitely in accordance with the FAT Arbitration Rules.
The arbitrator shall decide the dispute ex aequo et bono.
Awards of the FAT can be appealed to the Court of Arbitration for Sport (CAS), Lausanne, Switzerland.
To the extent legally possible under Swiss law recourse to the Swiss Federal Tribunal against awards of the FAT and against decisions of the Court of Arbitration for Sport (CAS) upon appeal shall be excluded” c. If any of this provision of this agreement shall be invalid, the remainder thereof shall nevertheless remain in full force and effect.
- On all delayed payments club will automatically pay an interest of 3,5% per month.
- All costs for player to obtain the money will be paid by Club.
- This agreement shall be the entire agreement between the parties regarding the subject matter hereof,
any representations, warranties or conditions not expressly incorporated herein shall not be binding upon either party.
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- This agreement shall supersede all prior understandings, agreements and contracts and contains the entire agreement between the parties.
- No oral agreement is binding upon the parties.
i. Both parties agree to use the English language for this agreement
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the 1th. Day of September 2018
For the Club …………… Player………………….