SCHEDULE 1

Model agreement

 

WHEREAS

Mr. .........................., of age, holder of the national identity document number ................., on the one hand,

and

Mr. ........................., of age, holder of the Identification Number for Tax Purposes (NIF)  .............., whose address is at ...........  on the other

 

Have assembled in  ............................ on the .......    ....................  ...............

 

ACTING

The former in the capacity of .............. of the association called ...... (hereinafter referred to as the club), whose identification number for tax purposes (NIF) is ........... and address at ............ , acting on behalf and in representation of the aforementioned association.

 

The latter as a basketball professional player, acting on his own behalf and interest.

 

Acknowledging each other’s sufficient legal capacity to contract and bind themselves, and enough legal capacity to carry out the object of this act, acting as described above they freely and voluntarily

 

DECLARE that:

 

I.         The club is interested in contracting the services of Mr. ..................... as a professional basketball player, in order to include him in its first team staff.

 

II.        Mr. ............... is likewise interested in being contracted to render his services to the club, and

 

III.       After the negotiations taken place, the parties have agreed to sign this labour agreement, which shall be subject to the following

 

CLAUSES

 

One.- By this agreement, Mr. .............. (hereinafter the player) undertakes and binds himself to perform his activities as a professional basketball player, for the sports seasons ................., as a member of the club’s first team.

 

Two.- While performing the activities under this agreement, the player shall also:

 

2.1       Train under the instructions of the training services of the club, while looking after his own physical condition in order to attain the best possible performance in competition.

 

2.2       Use the clothes and sports material supplied by the club. As the only exception to this rule, the player may use the sports footwear he shall consider most convenient.

 

2.3       Comply with the regulations or internal rules of the club referred to in paragraph 1.2 of schedule 4 of the II Collective agreement of this sector.

 

Three.- The club undertakes to give the player access to its sports premises for the training session and the matches that take place in them, providing all the time the adequate technical assistance for his professional training and improvement.

 

Four.- As remuneration for the services rendered by the player, the club agrees to pay him the gross amounts given below:

 

Season /Euros.

Season /Euros

Season /Euros

 

The aforementioned sums shall be paid by the club in ten consecutive monthly payments (2), and the first one shall be paid on the .......... .............. of the current year.

 

(2) Optionally, the parties may modify the number of monthly payments, provided that such number is never smaller than eight nor bigger than twelve per year.

 

Five.- The club shall guarantee the player’s free health care through its own doctors or the doctors who have an approved agreement with the club, when applicable, with third parties either public or private.

 

This guarantee shall not include dental care and care for any disease that is not a direct consequence of his activities as a sportsperson.

 

Whenever a professional player, during the validity of the agreement, is on a sick leave in temporary disability for any cause, he shall be entitled to have his Social Security or Benefit Society benefit complemented by the club or SAD up to 100 per cent of his remuneration until his discharge or the end of the term of the agreement, except for the cases described in paragraph three clause five in schedule I of this Agreement.

 

If a player decides to be seen by doctors freely chosen by himself for the treatment of his illnesses or injuries, the club, apart from refusing to pay for the expenses created, may agree not to pay the remuneration that completes his Social Security or Benefit Society benefit up to 100 per cent of his salary until his discharge, provided that recovery from the illness involved is longer than the maximum period of time described for such illness in the table provided for such purpose in schedule number 5 attached to the Collective Agreement.

 

Six.- When a player is fined by appropriate bodies because of his behaviour, in compliance with the sports discipline rules, the club may charge him the sum of such fine.

 

When the aforementioned punishment involves, in addition, suspension from official matches for a period of time longer than a month, the club may also deduct from the player’s remuneration the part equivalent to the time the player is off, provided that at the same time the club frees him from rendering any service whatsoever, from attending training sessions and from being available to the Club or SAD during the period of the disciplinary measure.

 

If a player commits a serious or very serious offence twice the club may terminate this agreement unilaterally, without giving the player any rights to indemnity.

 

Seven.- The club may likewise terminate this agreement if the player undertakes any sort of agreement with another club, without the club’s consent.

 

In the aforementioned cases the player shall pay the club half the remuneration agreed for the last season of the agreement, as compensation for damages, and

 

Eight.- If the club decides to unilaterally rescind this agreement without a justified cause, the player shall be entitled to receive, ....... in clause four above.

 

In witness whereof and as a sign of approval, standing by and confirming the contents of this document, which they promise to discharge fairly and faithfully, they sign it in five original copies (3) in the place and on the date given above.

 

(3) Original copies for the club, the player, ACB, ABP and INEM (Spanish Institute for Employment).