Sport contract templates
Sport New Zealand has designed these templates to assist sport and recreation organisations with sport administration.
Please note that the templates are starting points only – they will require adjustment on a case-by-case basis. You should consider each clause individually and turn your mind to whether that clause is appropriate or necessary in light of the particular relationship you have with your athlete.
Under New Zealand law, the legal status of a relationship with a worker (independent contractor or employee) is not determined solely by the form of contract you use. The Courts take into account many other considerations.
But if the relationship with your athlete or official is truly an independent contractor one, then these templates are useful starting points to record the terms of that relationship. If on the other hand, the relationship is truly an employment one, then the people management templates may be useful starting points.
We encourage you to seek legal advice on whether your relationships should properly be constructed as independent contractor or employment ones, and the implications (tax, ACC, Commerce Act etc) of that choice.
These templates are all Word files.
Officials contract – points to note
- Payment: No reference to payment in the Key Terms, no obligation to make payments in clause 2 and no Payment Schedule.
- Execution: No provision made for minors as presumed all officials will be over 18 years of age.
- Official's Obligations
- Best possible condition – you will be able to officiate in the sport to the best of your ability.
- No obligation to train.
- No obligation to perform to the best of your ability.
- No obligation to answer questions.
- No obligation to undergo assessments.
- No obligation to inform change in contact details.
- No betting.
- NSO's obligations
- No payment obligation – but this is the default position – in appropriate instances a payment obligation clause could be inserted.
- No obligation on the NSO to provide public relations and media advice.
- No obligation to arrange testing.
- Media contact/exposure
- No reference to a minimum amount of hours per annum for media contact/exposure in clause 4.2.
- No requirement to provide personal information.
- No obligation to provide sports results.
- No sponsorship and promotion obligations
- No obligation to be available for drug testing or to provide contact details to Drug Free Sport.
- But note, officials do need to comply with the WADA Code!
- Article 2 of the WADA Code covers Anti-Doping Violations and sets out those acts that constitute anti-doping rule violations.
- Clause 2.8 provides that the following will constitute an anti-doping rule violation:
”Administration or Attempted administration of a Prohibited Substance or Prohibited Method to any Athlete, or assisting, encouraging, aiding, abetting, covering up, or any other type of complicity involving an anti-doping rule violation or an Attempted violation.”
- Default/termination: No provision for breach of Performance Criteria and No Performance Criteria Schedule.
- Privacy: No provision for collection/storing of personal information for the purposes avoiding a sponsorship conflict.