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RECITALS: A The AFL conducts the elite Australian Football competition throughout Australia (“the AFL Competition”). B The AFL determines rules and regulations from time to time in relation to the AFL Competition. Those rules and regulations are binding on Players and AFL Clubs taking part in the AFL Competition. C The AFL Club is the holder of a licence to field teams in the AFL Competition. D The AFL Club relies to a large extent for its continuing viability on amounts distributed to it by the AFL as part of the annual distribution of part of the operating surplus of the AFL, together with monies raised from sponsors of the AFL Club. E The Player is a skilled and professional Australian Football Player. F The success of the AFL in conducting the AFL Competition is fundamental to the success of the AFL Club and the AFL Club’s capacity to meet the reasonable financial demands of its Players. G The AFL and the AFL Club wish to contract with each other and the Player on the terms and conditions set out in this Contract. H The AFLPA is the representative body of the Players participating in the AFL Competition. I The AFL and the AFLPA have entered into a Collective Bargaining Agreement relating to the terms and conditions of employment of Players in the AFL Competition, (“the CBA”). J The AFL, the AFL Club and all Players are bound to observe and implement the relevant provisions of the CBA. K The provisions of the CBA shall prevail over any inconsistent provision in this Contract. L The Player has agreed to enter into this Contract with the AFL Club and the AFL. 4 OPERATIVE PROVISIONS The parties now agree as follows: 1. INTERPRETATION 1.1 Unless the contrary intention appears in this Contract, words in this Contract shall have the same meaning as described in the CBA. 1.2 Headings are inserted for convenience and do not affect the interpretation of this Contract. 2. EXPRESS INCORPORATION OF CBA – The terms and conditions contained in the CBA are expressly incorporated into this Contract and shall be read as if they are terms and conditions of this Contract. Unless specifically provided to the contrary, where a term or condition of the CBA is inconsistent with any term or condition contained in this Contract, the term or condition of this Contract shall be read down or severed from this Contract to the extent necessary to remove the inconsistency. 3. TERM- This Contract shall commence on the date of signing and shall, subject to the other provisions of this Contract, terminate on 31 October in the final year referred to in Clause 4.1 (“the Term”). 4. PLAYER’S DUTIES The Player shall for the Term: – 4.1 Play Australian Football Play Australian Football for the AFL Club to the best of his skill and ability for the following years: – 4.2 Perform Duties Faithfully, diligently and to the best of his ability, experience and talent, perform the duties applicable to employees in general and, without limiting such duties, the duties of a professional Australian Footballer as set out in this Contract. The Player must not engage in any activities which conflict with either his duties under this Contract or the best interests of the AFL and the AFL Club. 4.3 Comply with Reasonable Directions and Requirements Obey all lawful and reasonable directions of the Senior Coach, Chief Executive, General Manager, Football Manager and Board of Directors/Management of the AFL Club including without limitation participating in Matches and attending all training sessions and team meetings at such places and at such times as required by the AFL Club from time to time. 4.4 Preparation for Matches and Behaviour Comply with all lawful and reasonable requirements of the AFL Club relating to preparation for Matches, attendance at AFL Club functions, behaviour and dress when carrying out his obligations under this Contract. 4.5 Play and Train Only for AFL Club Not play or train for Australian Football with any other AFL Club, company, person or entity fielding a team or teams in the AFL Competition or any other Australian Football competition or any exhibition or promotion Match, except other official Matches played under the auspices of the AFL. 4.6 No Interference with Contract Not enter into any negotiations, contract, agreement, arrangement, understanding or option, which would prevent the Player or which gives the Player or any other AFL Club, person, corporation or entity the right to prevent the Player from complying with any of the provisions of this Contract PROVIDED THAT nothing in this sub-clause shall prevent the Player from engaging in commensurate secular employment or business. 4.7 Fitness Do everything reasonably necessary to obtain and maintain the best possible physical condition so as to render the most efficient service to the AFL Club, including fitness programs during the Player’s own free time, such as periods whilst on leave. 4.8 Wear Official Apparel Wear only such items of playing apparel (excluding footwear) when playing, and training for, Australian Football, as may be approved of, or prescribed by, the AFL Club PROVIDED THAT such items and approved apparel are reasonably suitable to the Player to enable the Player to perform his obligations under this Contract. 4.9 Physical Examination Submit to a complete physical examination upon the request of the AFL Club and at the AFL Club’s expense prior to the start of each AFL Season. The Player acknowledges and agrees with the AFL Club that a failure to achieve a reasonable level of physical fitness necessary to play Australian Football on any occasion when the Player is required to submit to a complete physical examination, shall, subject only to the Player retaining the benefit of Schedule B, Clause 11 of the CBA, operate to suspend the payments and benefits that would otherwise have been paid or provided by the AFL Club to the Player under this Contract until the Player submits to a further complete physical examination and is passed as achieving a reasonable level of physical fitness necessary to play Australian Football. Where the Player disputes that he has failed to achieve a reasonable level of physical fitness necessary to play Australian Football, he may request the General Manager – Football Operations of the AFL to appoint an independent medical practitioner to conduct a complete physical examination of the Player. In such case, the payments and benefits to be provided to the Player shall continue to be provided until the independent medical practitioner certifies that the Player has failed to achieve a reasonable level of physical fitness necessary to play Australian Football. Any suspension of payments in accordance with this Clause shall apply until the AFL Club medical officer or the appointed independent medical practitioner certifies that the Player has achieved a reasonable level of physical fitness necessary to play Australian Football. 4.10 No Dangerous or Hazardous Activity Not engage in any dangerous or hazardous activity, including but not limited to, trail bike riding, professional boxing or wrestling, soccer, grid iron, karate, judo, hang gliding, parachuting, or bungee jumping, which, in the reasonable opinion of the AFL Club, may affect the Player’s ability to perform his obligations under this Contract, without first obtaining the consent of the AFL Club, which consent shall not be unreasonably withheld. 4.11 Drug Testing Submit himself from time to time to a drug test (including without limitation a blood or urine sample) at the request, expense and under the direction of the AFL. The Player and the AFL Club agree with the AFL to provide all reasonable assistance and comply with all directions of the AFL Medical Officer and the Australian Sports Drug Agency given in accordance with the AFL Anti-Doping Code. 5. PRIOR AGREEMENTS ON USE OF IMAGE The provisions of Clause 20 of the CBA shall be subject to any agreement in relation to the use or utilisation of the Player’s Image existing between the Player and any other person, corporation or entity as at 1 November 1998 PROVIDED THAT the Player shall not renew, renegotiate or exercise any option in any such agreement with such person, corporation or entity during the Term which conflicts with an AFL Club Protected Sponsor or an AFL Protected Sponsor. The AFL Club Protected Sponsors and AFL Protected Sponsors as at the date of this Contract are set out in Schedule 1. 6. PAYMENTS- Subject to the further provisions of this Contract, the AFL Club shall pay the Player the sums set out in Schedule 2 in the manner and on the dates set out in that Schedule PROVIDED THAT (a) Where the sums set out in Schedule 2 are the minimum or fixed payments contained in the CBA, such minimum or fixed payments shall be paid as follows: (i) minimum base payment or base payment (as the case may be) – by twelve (12) equal monthly instalments commencing on 30 November to 31 October the following year; (ii) Senior Match payments (payable if the Player is listed on the official team sheet) – shall be paid by the 15th day of each month for Matches played in the preceding month or such earlier date as agreed between the Player and the AFL Club. (b) Where the Player is entitled to payments in excess of the minimum payments, the payments shall, unless otherwise agreed, be paid in the manner set out below: – (i) minimum base payment or base payment (as the case may be) – by twelve (12) equal monthly instalments commencing on 30 November to 31 October the following year; (ii) Senior Match payments (payable if the Player is listed on the official team sheet) – shall be paid by the 15th day of each month for Matches played in the preceding month or such earlier date as agreed between the Player and the AFL Club. 7 7. REMUNERATION PACKAGING- 7.1 The AFL Club and the Player may agree that the payments the Player is entitled to receive under this Contract, including without limitation the minimum or fixed base and Match payments contained in the CBA, are subject to a remuneration packaging arrangement. 7.2 Where an AFL Club and the Player enter into a remuneration packaging arrangement, such arrangement shall be recorded in the form as set out in Schedule 3 or in such other form as approved by the AFL and the AFL Club. 8. FACILITIES- 8.1 Medical and Training Facilities The AFL Club shall make available for the benefit of the Player reasonable medical and training facilities and staff at each training session and for each Match in which the AFL Club participates. 8.2 Equipment The AFL Club shall provide and maintain in good and safe order all equipment, which it requires the Player to use. 8.3 Health and Safety Practices The AFL Club shall provide a playing, training and working environment which is, so far as is practicable, free of any risk to the health, safety and the welfare of the Player. Without limitation, the AFL Club shall observe and carry out its obligations under the applicable Occupational Health and Safety Act or its equivalent. 9. NO GAMBLING -The Player shall not: – (a) participate or engage directly or indirectly in any relevant bet, wager or gamble where the Player stands to win or gain from the win, draw or loss of any Team fielded by any AFL Club in any Match or any other incident or combination of actions in which a bet may be wagered in any Match conducted by or under the auspices of the AFL; (b) accept or agree to accept either directly or indirectly, any bribe, pecuniary or other gift, other consideration or benefit whether in cash or kind associated with or connected with or relating to the ability of the Player to exercise control over or influence a Match conducted by or under the auspices of the AFL so as to bring about a result other than that which would be achieved in a fair contest between the competing Teams. 10. RULES- 10.1 Comply with AFL Rules The Player and the AFL Club agree with the AFL to comply with and observe the AFL Regulations, the AFL Player Rules, the Code of Conduct, the Memorandum and Articles of Association of the AFL and any determinations or resolutions of the AFL Commission which may be made or passed prior to or at any time after the execution of this Contract (“the AFL Rules”) PROVIDED THAT such AFL Rules are not inconsistent with the provisions of the CBA. 8 10.2 Reasonable Restrictions The Player and the AFL Club agree with the AFL that the AFL Rules are necessary and reasonable for the proper protection of the legitimate interests of the AFL and the AFL Competition and that any restriction contained in the AFL Rules and in particular without limitation the AFL Player Rules, including restrictions on the freedom of Players to transfer from one club to another club and the restrictions on the total payments a Club may give or apply for the benefit of a Player or associate of a Player, are necessary and reasonable. 10.3 Obey AFL Club Rules The Player shall comply with and observe all Rules and Regulations of the AFL Club, the Memorandum and Articles of Association of the AFL Club and any determinations or resolutions of the AFL Club which may be made or passed prior to or at any time after the execution of this Contract, provided that the Player is notified of the resolution or determination. 10.4 Laws of Australian Football The AFL Club and the Player agree with the AFL that the game of Australian Football is governed by the Laws of Australian Football and that they will compete in the AFL Competition in accordance with the Laws of Australian Football. 11. COLLECTIVE BARGAINING AGREEMENT -11.1 AFL Club to Comply The AFL Club agrees with the AFL and the Player to observe and comply with each and all of the provisions of the CBA which require the AFL Club to take or do or refrain from taking or doing any action, matter or thing, and in particular but without limitation the AFL Club shall: – (a) enter into contracts with Players only in the form prescribed from time to time by the AFL and Australian Football League Players Association Inc. (“AFLPA”) provided that all such contracts shall incorporate the provisions of the CBA; (b) do all things necessary to assist the AFL to cure any default under any notice received from the AFLPA in respect of the AFL Club’s non-compliance with any provision of the CBA; (c) pay to the Player and each of its other Players the fixed payments (if applicable) or not less than the minimum payments and observe the terms and conditions of employment set out in the CBA; (d) notify the AFLPA from time to time of the protected sponsors of the AFL Club; (e) provide a Group Certificate to each Player as soon as possible following completion of each financial year setting out all payments made by or on behalf of the AFL Club to or on behalf of the Player; (f) save in the case of a judgement debt, not set off against any payments due to the Player, any amount claimed to be due to the AFL Club; (g) not include any option in any contract with any Player; and (h) ensure that contracts with all Players are in the form of this Contract (except for the matters in Schedules 2 and 3 specific to each Player) and set out and correctly record all Football Payments payable to or in respect of a Player and not enter into any other contract with a Player relating to the provisions of his services as an Australian Footballer other than in the form of this Contract. 9 11.2 Player to Comply The Player agrees with the AFL and the Club to observe and comply with the provisions of the CBA which require the Player to take or do or refrain from taking or doing any action, matter or thing, and in particular but without limitation the Player shall: (a) not make any extra claims in respect of the terms and conditions of employment and the matters dealt with by the CBA; and (b) ensure that all Football Payments are fully and correctly recorded and referred to in this Contract. 12. PLAYING APPAREL- 12.1 The AFL Club shall supply to the Player (at no cost to the Player) all playing apparel required by him to carry out his obligations under this Contract. Subject to the provisions of this Contract, the Player shall not be prohibited from acquiring (at his own cost) and using playing apparel suitable for the Player to perform his obligations under this Contract provided that the same conforms with the AFL Rules and is approved by the AFL Club and the AFL, which approval shall not be unreasonably withheld. 12.2 The wearing of football boots by the Player is governed by Clause 23 of the CBA. 13. INFORMATION -13.1 If the Player so requests in writing, the AFL Club shall provide to the Player: – (a) Monthly Statement A fully detailed itemised statement at the conclusion of each month of amounts due to the Player or to be paid on the Player’s behalf during that month and amounts paid to the Player or on the Player’s behalf during that month including any authorised deductions; (b) AFL Club Rules A copy of the Rules and Regulations of the AFL Club (if any), the Memorandum and Articles of Association of the AFL Club and any resolutions and determinations of the AFL Club which bind the Player under this Contract. 13.2 CBA and AFL Rules If a Player so requests in writing, the AFL shall provide the Player with a copy of the AFL Rules and the CBA PROVIDED THAT the Player shall pay to the AFL its reasonable costs associated with providing the requested documents. 14. BEST ENDEAVOURS -The parties to this Contract shall use their best endeavours, in relation to any matter or thing directly within their control, to bring about compliance with all the provisions of this Contract. 15. AFL CLUB LIST- This Contract is subject to and conditional upon the AFL Club selecting and maintaining the Player on the List of Players required to be submitted to the AFL in accordance with the AFL Player Rules. This Contract shall be terminated in accordance with this Clause upon the Player’s name being deleted from the AFL Club List and upon the AFL Club giving written notice to the Player thereof. 16. SUSPENSION -If at any time during the Term the Player is unable to play Australian Football for the AFL Club as a result of suspension by the AFL Tribunal or AFL Appeal Board (or its equivalent), or deregistration by the AFL, the following may apply: (a) where the AFL Club pays the Player a fixed or all in amount which does not identify Match payments, the AFL Club may reduce all such payments to which the Player would have otherwise been entitled in respect of such period of suspension or deregistration by 50% of an amount which is calculated by multiplying 1/52nd of the fixed or all in amount by the number of Matches the Player is suspended or deregistered for; or (b) where the AFL Club pays the Player a base and Match payments, the AFL Club is not obliged to pay the Match payments in respect of the Matches the Player is suspended or deregistered for and may reduce the base payment to which the Player would have otherwise been entitled to by 50% of an amount which is 1/52nd of the base payment. 17. DEFAULT AND TERMINAT ION – Without limiting the right of the AFL Club to terminate this Contract where the Player’s name is deleted from the AFL Club List, this Contract may be terminated by: – (a) Player Breach The AFL Club if the Player is in breach of any of his obligations under this Contract and the breach continues for a period of twenty-eight (28) days after notice in writing by the AFL Club is given to the Player requiring the breach to be remedied. (b) Misconduct The AFL Club if the Player engages in misconduct including without limitation conduct which breaches the following provisions of the Code of Conduct: 2.1, 2.4, 3.2, 3.3 (in respect of attendance only), 3.4, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 5, 7.1 and 7.3. (c) AFL Club Breach The Player if the AFL Club is in breach of any of its obligations under this Contract and the breach continues for a period of twenty-eight (28) days after notice in writing by the Player is given to the AFL Club requiring the breach to be remedied. (d) False Statutory Declaration Either the AFL Club or the Player where the other has made a false, misleading, inaccurate or incomplete Statutory Declaration with respect to Football Payments required to be submitted to the AFL with this Contract in accordance with the AFL Player Rules. In such case, this Contract shall be terminated upon the giving of notice of termination by the AFL Club or the Player, as the case may be, to the other and the AFL. (e) Where AFL assumes obligations The AFL immediately upon notice in writing given in accordance with Clause 19.1(c) of the CBA. 18. BREACH OF CODE OF CONDUCT – The AFL Club may not terminate this Contract under Clause 17 in respect of circumstances involving a breach of the Code of Conduct where the AFL Club has imposed a forfeiture on the Player pursuant to the Code of Conduct in respect of that breach. 19. AUTHORISED PAYMENTS- The AFL Club agrees with the Player that should the Player authorise and direct the AFL Club in writing to make payment to any nominated third party of any amount due to be paid to the Player (less applicable tax) in accordance with the provisions of this Contract, the AFL Club shall make such payments to such third party as authorised and directed by the Player within the time specified by the Player and the receipt by such third party shall be a sufficient discharge to the AFL Club for that part of its obligations to the Player. The Player hereby covenants and agrees to indemnify the AFL Club against any claim, which may be made against the AFL Club in respect of or connected with any payment made by the AFL Club to any third party pursuant to this Clause. 20. NON-ENTITLEMENT TO PAYMENT -Where the Player breaches the Code of Conduct and the Player forfeits an amount pursuant to the Code of Conduct in respect of that breach, the AFL Club shall be entitled to withhold the amount forfeited from any future earnings that the Player may otherwise be entitled to under this Contract. 21. BROADCAST OF MATCHES- The AFL Club and the Player shall not participate in any Match which is broadcast, delivered or communicated by any provider of a service (by whatever means or process) which is or in the future becomes a content service, (as defined in the Telecommunications Act 1997 (Cth)), other than a provider of a service authorised or approved by the AFL. 22. DISPUTES PROCEDURE -22.1 Appeal Board The parties agree that in any case where a dispute involves the AFL Player Rules, the AFL Appeal Board shall notwithstanding anything in this Contract or the CBA, determine the dispute. 22.2 Grievance Tribunal If a dispute arises involving the Player and the AFL and/or the AFL Club arising out of or in respect of the employment of the Player by the AFL Club, it shall be a condition precedent to the bringing of any proceedings in any Court that the dispute be referred for determination by the Grievance Tribunal. 23. NOTICES – 23.1 Address All notices and statements to be given in accordance with this Contract shall be given to the recipient at its or his address set out in this Contract or such other address as it or he may from time to time notify. 12 23.2 Method Any notice or statement shall be deemed to have been duly given, made or received: – (a) 24 hours after being deposited in the mail with postage pre-paid; (b) When delivered by hand; (c) If sent by facsimile transmission, upon receipt of a facsimile transmission report from the sending machine showing the transaction as complete. 24. SEVERABILITY – The provisions contained in this Contract are considered reasonable by the AFL, the AFL Club and the Player but: (a) each provision of this Contract shall be read and construed independently of the other provisions so that if one or more provisions is held to be invalid as an unreasonable restraint or for any other reason, then the remaining provisions shall be valid to the extent that they are not held to be invalid; and (d) if any such provisions are found to be invalid but would be valid if some part of the provision were deleted, such provision shall apply with such modification as may be necessary to make it valid and effective. 25. NO WAIVER – A failure or omission by the AFL or the AFL Club at any time to enforce or require strict or timely compliance with any provisions of this Contract does not affect or impair that provision in any way or the rights of the AFL or the AFL Club to avail itself of the remedies it may have in respect of any breach of that provision. 26. ENTIRE AGREEMENT- This Contract contains all of the terms of the agreement between the parties except for the AFL Rules, the Rules and Regulations of the Club, the Memorandum and Articles of Association of the Club and the CBA. Each party acknowledges that no representation has been relied upon in entering into this Contract and that any previous agreement, understanding, representation or warranty touching or concerning the subject matter contained in this Contract cease to have any effect. 27. WAIVER AND VARIATION – A provision of or a right created by this Contract may not be: (a) waived except in writing signed by the party granting the waiver; or (b) varied except in writing signed by the parties provided that any variation is not inconsistent with any provision contained in the CBA. 28. GOVERNING LAW AND JURISDICTION- This contract shall be governed by the laws of the State of Victoria and the parties agree to submit themselves to the jurisdiction of the Victorian Courts. 29. SPECIAL CONDITIONS- The parties may agree to special conditions provided that no special condition shall be included or have any effect if it is inconsistent with or if it qualifies any obligation or prohibition contained in any preceding provision contained in this Contract. Business Management Business Law