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Michigan Made
Independent Contractor/Coaching
Agreement

On this day, this contract and any attachments specify the terms and conditions of the professional services between Michigan Made Advanced Athletics (MMAA) and the named Independent Contractor/Coach.  This contract replaces any and all prior agreements, contracts, and amendments to same between the Independent Contractor/Coach and MMAA.

General Conditions

 

In general, the independent contractor is a participating coach who is paid a predefined sum by MMAA, or is an unpaid volunteer. The independent contractor agrees to abide by the policies and procedures that are adopted by MMAA, and to adhere to the ethical standards established.

 

  1. The Independent Contractor/Coach will perform the following duties:

    • Teach youth and exude character through coaching and sportsmanship. Promote growth athletically, socially, mentally and academically.

    • Be available and responsible for all team meetings, practices, camps, tournaments, etc., assigned during the assigned Season, never in possession of, or under the influence of any drugs or alcohol.

    • Remain current in all rules, guidelines, and skills necessary to provide excellent coaching for MMAA.

    • Attend additional meetings as requested.

    • Be on-site for the entirety of designated programs or have prior communicated absence or tardy.

    • Actively promote and market the services, additional educational initiatives, and fundraisers of MMAA and our programs.

    • Maintain confidentiality of MMAA’s documents, contacts, playbooks, student-athlete family and health information. This also includes, but is not limited to anything that may be deemed proprietary to our clubs such as: camp formats, drills and spread sheets.

    • Adhere to the “MMAA Standard” and its policies and procedures.

      • The Michigan Made Standard underlines that raising the bar of expectations each day is a necessity both mentally and physically for yourselves and for the team of others around you. At Michigan Made, we are passionate about creating elite athletes, but more importantly helping create ELITE HUMANS. We expect anyone involved in our program to represent our mission and our brand with integrity and respect. Michigan Made was created to raise the bar in player’s skill, well-being and overall development - and this means exuding coaching excellence, practice session efficiency, sportsmanship, the ability to communicate, adapt, and lead.

  2. MMAA shall provide

    • The support of scheduling, billing, and collecting payments.

    • Media marketing.

    • Web infrastructure, social media coverage and regular newsletters supporting your designated team/program.

    • All organizational aspects including garnering appropriate practice space locations, and providing equipment necessary (i.e., balls, bags, first aid kits).

    • Fundraising, scholarship opportunities for student-athletes.

    • Uniform ordering.

    • Competitive league play opportunities.

    • Referrals for the MMAA Independent contractor/Coach when appropriate.

    • Secondary insurance coverage organization-wide.

 

 

Liability

 

  1. The Independent Contractor agrees that he/she shall indemnify MMAA and hold it harmless for any and all costs, including attorney fees, investigation fees, and other expenses for any damages, including payment by way of settlement, judgment, or otherwise arising in any way out of the services provided by the Independent Contractor to any clients, campers/parents and schools, who participated during any portion of an event or on behalf of the MMAA, or who may have been referred to the Independent Contractor by MMAA.This further includes, but is not limited to circumstances where there is a claim that MMAA is jointly liable with the Independent Contractor for lack of proper coaching, negligence, or responsibility.

 

Collection of Fees and Payments for Services

 

  1. MMAA shall collect payments for services on behalf of the Independent Contractor. MMAA shall charge the full fee for services that has been established to participants unless a specific agreement has been determined. In no case should the Independent contractor/Coach ask participating families for the collection of additional fees not authorized by MMAA. In no case may the contractor solicit more or less than the established fee to any participant, offer a form of “scholarship” or grant participation in unethical ways (such as bypassing tryouts).

  2. All charges for professional services rendered shall be recorded on the records of MMAA and all such accounts and all payments thereon.

 

  • The independent contractor/coach is responsible for independently paying taxes, as appropriate, for the funds that they receive, unless they are of volunteer status. Independent contractors/Coaches are eligible for incentive pay based on their sport, the amount of time committed, and the program’s revenue.

 

Coaching Status

 

  1. Volunteer status or financial compensation will be based on experience, tenure, commitment to full-time coaching, part-time coaching, and program revenue.

 

  • The independent contractor must have determined availability prior to their designated season for the duration of their season.

  • Payment to the independent contractor/coach will be made immediately following the completed season after ensuring all duties have been completed.

  • Independent contractor may agree to have compensation paid via participation fee for an athlete residing in the same residence.

  • Independent Contractor agrees to receive a 1099 Form from MMAA as the Independent Contractor is responsible for paying all taxes.

 

 

Marketing

 

  1. MMAA is and continues to create a brand as Michigan’s premier multi-sport development platform. Therefore, the Independent Contractor/Coach shall make every effort to become and remain trained in the identified role to be able to properly teach and promote their services.

 

  • MMAA agrees to perform marketing for its programs and its coaches via the MMAA platforms whenever possible, requiring the independent contractor/coach to maintain a social media presence that appropriate for our supporting families, student-athletes, sponsors & prospective clients.

  • The Independent Contractor/Coach acknowledges that MMAA may ask you to modify any social media content that may reflect poorly on the standards and beliefs of MMAA and its affiliates in regards to our organization or competition.

  • The Independent Contractor agrees to market MMAA and promote its developmental programs.

  • The Independent Contractor also agrees to participate in marketing & fundraising activities that have been set up for, by, or through MMAA.

  • As the Independent Contractor/Coach engages in personal marketing, use of MMAA logo, branding, materials, etc. should be used in a positive manner. Any materials representing MMAA or the Independent Contractor’s affiliation should have the appropriate logo and appropriate intent/message.

  • Publications and materials should align with the style and professional standards outlined by MMAA. The costs of business cards or any personal promotional materials will be the responsibility of the Independent Contractor/Coach.

2. When pitching to prospective athletes and schools our Mission/Core Values/What Makes Us Different include but are not limited to:

  • Having fun, identifying talent, and developing student-athletes mentally, physically and emotionally.

  • We are student-athlete’s aid and guide them with our work ethic, knowledge of the game and ultimately leading by positive example.

  • Get kids of all ages excited about working together, teaching plays/concepts and emphasizing the universal fundamentals that all coaches want mastered.

  • We will mentor in practice, play, film study and beyond.

  • The concept we teach is TEAM and PROFESSIONALISM. Our coaches have experience in their field at the highest and most competitive levels, and this will help separate us from all of the sports related camp and travel sports programs around Michigan.

  • We develop elite athletes and also elite humans.

 

Record Keeping

 

  1. All records, documents and reports pertaining to our student-athletes shall be and remain in the property of MMAA. Confidentiality of records and client information must be upheld at the highest level.

  2. MMAA is bound by certain licensing regulations, accreditation standards, billing requirements, and contracts (external requirements) to assure that its work is documented in an accurate and timely way. It is the responsibility of the independent contractor to assure that their personal work satisfies these external requirements.

 

Intellectual Property

 

1. In accordance with MMAA policies and procedures, intellectual property of MMAA includes information about business management, systems and procedures, as well as content of records, resources, supplies, referral sources, programs, contracts, media (photographic or video), grants, grants proposals, policies, practice plans, camp outlines, proprietary drills and forms. Independent Contractors agree to maintain the confidentiality of all this intellectual information as property of MMAA, both during employment and subsequent to the ending of this contract.

 

MMAA holds the right to claim as damages any loss including, but not limited to, income or business, current or future, that may result from any unapproved use of intellectual property.  For protection against possible future claims for damages by MMAA, the independent contractor/coach is encouraged to disclose to and confer with MMAA about any actual or proposed activities which might be construed to be a use of such property.

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Termination

 

2. Independent contractor/Coach agrees to give MMAA and its clients a minimum of 14 days written notice of termination except if the Independent Contractor/Coach is discharged for a breach of ethics, confidentiality, or a breach of this contract. Per this Independent Contractor/Coaching Agreement, all documents, procedures, systems, materials developed during employment at MMAA remain property of MMAA. The confidentiality of MMAA intellectual property, systems, and structure must be maintained following termination, as well as during the employment period.

  • Termination of contract can be mutual or by either party with fourteen (14) days written notice.

  • This contract shall be deemed to be terminated in cases of death.

  • Termination of contract shall be immediate upon independent contractor becoming legally disqualified, or there is a breach of ethics, confidentiality, or this contract, or otherwise losing coaching privileges to render services to clients upon on behalf of MMAA.

 

No Competition

 

1. For good consideration, ­­­the Independent Contractor/Coach hereby agrees not to directly or indirectly compete with the business of MMAA and its successors and assigns for the period of the assigned season once that season’s preparation, practices and/or competition have begun.

 

The term “not compete or non-compete” as used herein shall mean that the undersigned shall not be in partnership with, manage, operate, consult, work independently or as an employee with another agency in a business substantially similar to or competitive with the present business of MMAA or such other business activity in which MMAA may substantially engage during the term of employment.

 

2. We understand occasions that Independent Contractor/Coach may consult with additional organizations. We ask that you do so in a professional, non-competitive manner that represents high ethical standards and quality. As a primary Independent Contractor/Coach of MMAA, we also ask that you discuss these interactions with our owners as they arise.

 

3. The Independent Contractor acknowledges that MMAA shall or may in confidence of this agreement, provide the Independent Contractor/Coach access to trade secrets, clients or customers, and other confidential data in good will. The Independent Contractor/Coach agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party. The non-compete clause pertains most imperatively to similar services within the state of Michigan and 50-mile radius thereof that would be in direct competition with MMAA. Coaching and Client care is a top priority and MMAA will work with you to address contractor needs and transition planning.

Terms

 

  1. Independent contractor/Coach agrees to maintain and adhere to a professional code of conduct in all areas of ethics. Contractors will adhere to all policies and procedures of MMAA and in Michigan laws for professional services.

    • The Independent Contractor will maintain good standing in legal matters, including willingness to pass a standard criminal and sex offender background check if requested.

  2. All paid independent contractors/coaches agree to be available for coaching a minimum of one competitive season, plus complete such tasks as game planning, play building, hold team meetings, supplement team marketing and fundraising when necessary, and identifying prospective athletes/schools.

  3. Specific contracts for compensation will be made on a case-by-case basis, determined by contractor preferences and expectations of MMAA.

  4. Ongoing Independent Contractors are expected to actively participate in MMAA camps, clinics, classes and tryouts.

 

Additional Terms

a.    The undersigned shall be deemed an Independent Contractor/Coach and is not an employee, partner or agent.

b.    Consistent with the foregoing, MMAA shall not deduct withholding taxes, FICA or any other taxes required to be deducted by an employer. Paid Independent Contractors must complete appropriate documentation.

c.     The Independent Contractor further acknowledge that he shall not be entitled to any fringe benefits, pension, retirement, profit sharing or any other benefits accruing to employees.

d.    This contract is renewed on an seasonal basis, covering the assigned sporting events.

Complete the form below to make your committment.

Completing this form indicates that I have read and agree to the terms and conditions of the Michigan Made Independent Contractor/Coaching Agreement.
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