MEMORANDUM OF UNDERSTANDING

Transcription

1 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made the 5 August 2014 BETWEEN: THE BELCONNEN UNITED FOOTBALL CLUB [ABN ] (`BUFC') of the first part AND: THE BELNORTH FOOTBALL CLUB INCORPORATED (`BNFC ) of the second part AND: THE BELSOUTH FOOTBALLCLUB INCORPORATED (`BSJSC ) of the third part AND: THE BELWEST FOXES SOCCER CLUB INCORPORATED (`BFSC ) of the fourth part RECITALS Whereas: The parties are desirous of: 1. Confirming and clarifying the relationship between them to ensure that the Belconnen United Football Club (BUFC) is able to satisfy the criteria for Premier League Clubs established by Capital Football; 2. To give effect to the Statement of Principles annexed to this Memorandum and Marked with the Letter `A (`the Statement of Principles ). Whereas: A. The Belconnen United Football Club Inc is an association incorporated under the Associations Incorporation Act of the Australian Capital Territory. B. The Belnorth Football Club Inc is an association incorporated under the Associations Incorporation Act of the Australian Capital Territory. C. The Belsouth Football Club Inc is an association incorporated under the Associations Incorporation Act of the Australian Capital Territory. D. The Belwest Foxes Soccer Club Inc is an association incorporated under the Associations Incorporation Act of the Australian Capital Territory. E. The Constitution of BUFC provides that the President / Chairperson of the Belnorth Football Club, the Belsouth Junior Soccer Club are represented by the Director of Community on the Board of BUFC. That Director is presently Lynne Hellyer. F. The parties to this agreement:

2 I. Recognise the independence and autonomy of each other and the need for mutual respect in order to achieve the purposes of the Statement of Principles and this Memorandum; II. III. IV. Express their commitment and understanding of the Statement of Principles as reflecting the nature of the relationship between the parties; Acknowledge the need to develop a co operative environment at all levels to ensure that the purposes of this agreement are realised; Acknowledge the need to develop and maintain a process for the release of players to enable them to participate in BUFC representative teams and / or Belconnen United Development Squads to participate in Premier Youth competitions as required; V. Acknowledge the need to develop and maintain a process for the release of players to enable them to participate in Belconnen United Premier League Teams and Development Squads to participate in specified competitions as agreed between the parties; VI. VII. VIII. Acknowledge the need to develop and maintain a co operative environment to ensure integrated development programs for players at all levels; Acknowledge that any variations to this agreement must be in writing and executed following a resolution of their respective Executive Committees; and Acknowledge the need to periodically review this Memorandum (including on an annual basis in relation to administrative matters) to ensure that it continues to meet the expectation of the Parties. The parties further acknowledge that the status of this Agreement will be reviewed within 5 years of the date of execution of this Memorandum. G. The purpose of this Memorandum is to affirm the Statement of Principles to enable BUFC to satisfy the criteria for Premier League Clubs (as amended from time to time) established by Capital Football.

3 NOW THE PARTIES AGREE as follows: Definitions 1. In this Agreement: `BUFC Representative Team means any team which the Belconnen United Football Club is required to maintain by Capital Football (or any other any entity responsible for the regulation of football in the Australian Capital Territory) to ensure its continuing status as a Premier League Club in the Australian Capital Territory and any team established to meet the development needs of identified players as agreed by BNFC, BSFC, and BFSC. `Capital Football means the entity responsible under the authority of the Football Federation of Australia for the management of football in the Australian Capital Territory. `Club of Origin means the Club with whom the player was registered in the year immediately preceding registration in a BUFC Representative Team competing in a BUFC Representative Team or the Club with whom the player is registered (if any) in the year the player is registered in a BUFC Representative Team competing in a Premier Youth Competition. `Player includes a reference to male and female players. `The Club means BNFC, BSFC, BFSC. 2. All BUFC Representative Teams in competitions established by Capital Football shall play under the name `Belconnen United Football Club. 3. All players registered to play in a BUFC Representative Team in Capital Football competitions may in accordance with applicable Capital Football Rules and Regulations maintain registration with their Club of Origin and may, subject to the terms of this Memorandum, compete in teams with their Club of Origin. Management Committee 4. The parties acknowledge that BUFC will establish and maintain a Management Committee to manage all matters relating to the application and interpretation of this Memorandum. 5. The Management Committee shall comprise: (a) (b) (c) (d) Two nominees of BUFC (one of whom shall act as chairman who may exercise a casting and a deliberative vote); One nominee of the Belnorth Football Club; One nominee of the Belsouth Football Club; and One nominee of the Belwest Foxes Soccer Club. 6. The role of the Management Committee, in addition to matters relating to the application and interpretation of this Memorandum, will be to: (a) (b) (c) (d) Oversee player development programs; Ensure ongoing dialogue between all parties to ensure proper management of matters relating to the application and interpretation of this Memorandum; The development and maintenance of criteria for the selection of coaches and players to participate in BUFC Representative Teams; and Such other matters as the Boards of management of either of the parties may refer to the Management Committee.

4 7. The Management Committee shall adopt a management style that seeks to reach consensual outcomes wherever practicable. 8. The Management Committee shall adopt such administrative processes as it considers necessary to ensure the effective discharge of its functions. Release of Players for BUFC Representative Teams 9. BNFC, BSFC, and BFSC agree to promote BUFC as the senior club of choice for its players and to make their registered players available for any BUFC Representative Teams for which the player is eligible and consents to play. 10. All costs associated with a player s participation in a BUFC Representative Team are to be agreed by all parties on or before 30 September in each year. 11. BUFC shall be responsible for insurance cover (against injury and accident) for each player arising from or related to that players participation in a BUFC Representative Team. Dispute Resolution 12. If a dispute arises out of or has any connection with this agreement (including the validity, breach or termination of it) then, while preserving all other legal rights they may have, the parties agree that they will use their best endeavours: (a) (b) in good faith jointly to identify a mutually acceptable informal procedure for resolution of the dispute (whether by way of negotiation, mediation, independent expert appraisal, early neutral evaluation or any other procedure); and to participate fully in that procedure with a view to reaching agreement. The rules governing any such procedure are those agreed between the parties. Nothing in this clause shall prevent a party from seeking urgent equitable relief before an appropriate court. Training Compensation and Solidarity Payments 13. The parties agree that any Training Compensation or Solidarity Payment pursuant to Regulations 20 and 21 of the FIFA Regulations for the Status and Transfer of Players refers (REFER ATTACHMENT B) to which any party may be entitled for any player who participates in a Belconnen United Representative Team is to be shared equally between BUFC and the players registered club. For this purpose the registered club agrees to indemnify BUFC for any liability to the Club arising from the application of Regulations 20 and 21 of the FIFA Regulations for the Status and Transfer of Players. 14. The parties agree to pursue any Training Compensation or Solidarity payment to which any party may be entitled from any entity not a party to this agreement whether pursuant to Rules and Regulations of Capital Football or pursuant to Regulations 20 and 21 of the FIFA Regulations for the Status and Transfer of Players. Execution 15. This Memorandum may be executed in counterparts by the respective parties, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement, provided that this agreement shall be of no force and effect until the counterparts have been exchanged.

5 General 16. (a) Commencement. This Memorandum shall commence on 3 September (b) Statute, Rule or Regulation. A reference in this agreement to a statute, rule or regulation or a section of a statute, rule or regulation includes all amendments to that statute, rule or regulation or section of a statute, rule or regulation passed in substitution for the statute, rule or regulation or section of a statute, rule or regulation referred to or incorporating any of its provisions. (c) Headings. Except for the purpose of identification headings have been inserted in this Memorandum for the purpose of guidance only and shall not be part of this Memorandum. (d) Waiver. Any waiver or forebearance in regard to the performance of this Memorandum shall operate only if in writing and shall apply only to the specified instance, and shall not affect the existence and continued applicability of the terms of it thereafter. (e) Entire agreement. This agreement embodies all the terms binding between the parties and replaces all previous representations or proposals not embodied herein. (f) Assignment. A party shall not assign or novate all or any of its rights written consent of each other party, which consent each its absolute discretion; hereunder without the prior other party may grant or not in (g) Applicable law. This agreement shall be read and construed according to the applicable FIFA Rules and Regulations and where applicable the laws of the Australian Capital Territory and the parties submit to the jurisdiction of that law. (h) Amendments. This Memorandum may not be varied except in writing signed by the parties. (i) Severability. If any provision of this Memorandum is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation the validity and enforceability of the remaining provisions shall not be thereby affected. (j) Further agreements. Each party shall execute such agreements, deeds and documents and do or cause to be executed or done all such acts and things as shall be necessary to give effect to this Memorandum. (k) Survival of agreement. Subject to any provision to the contrary, this Memorandum shall enure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns or receivers, but shall not enure to the benefit of any other persons.

6 IN WITNESS WHEREOF the parties have executed this Memorandum the day and year first above written. SIGNED FOR AND ON BEHALF OF ) THE MANAGEMENT COMMITTEE of the ) Belconnen United Football Club ) in accordance with a resolution passed ) in accordance with its Constitution ) Chair of the Executive Management Committee SIGNED FOR AND ON BEHALF OF ) THE MANAGEMENT COMMITTEE of the ) The Belnorth Football Club ) in accordance with a resolution passed ) in accordance with its Constitution: ) President / Member of Executive Committee SIGNED FOR AND ON BEHALF OF ) THE MANAGEMENT COMMITTEE of the ) Belsouth Football Club ) in accordance with a resolution passed ) in accordance with its Constitution ) President / Member Executive Committee SIGNED FOR AND ON BEHALF OF ) THE MANAGEMENT COMMITTEE of the ) Belwest Foxes Soccer Club ) in accordance with a resolution passed ) in accordance with its Constitution ) President / Member of Executive Committee

7 ATTACHMENT A STATEMENT OF PRINCIPLES This document seeks to detail and clarify the nature of the relationship between Belconnen United Football Club (BUFC), Belnorth Football Club (BNFC), Belsouth Junior Soccer Club (BSJSC) Belwest Foxes Soccer Club (BFSC). While it is not a legal document nor intended to be, it is about setting clear expectations and accountabilities to ensure: (a) (b) (c) (d) The effective development of Football; Optimal opportunities for all persons to participate in football; That BUFC remains the Premier Football Team in the Belconnen District in collaboration with BNFC, BSFC, BFSC; The continuation and development of the affiliation of BUFC, BNFC, BSFC, BFSC to maintain the relationships between them by periodically reviewing expectations and the capacity of each organisation to achieve agreed outcomes. It is agreed that the parties will continue to work within such further time as may be agreed, agree on a framework and a management structure and develop a framework for the delivery of the following outcomes: Collaboration with Belconnen Soccer Club (BSC); The desirability of developing and maintaining football development activities at all levels (subject to demand and resources)) including: - Premier League teams; - Age group and gender specific development squads (BUDS type model); - Pathways (representative type) teams; - Individual scholarships; - Coach development; - School holiday / football academy type programs. Facilitate processes for the nomination and selection of players (including player assessment and assistance with grading); The establishment of defined development pathways from junior to senior; The establishment and continued implementation of: - Player Code of Conduct; - Parent Code of Conduct; - Coaching development programs; - A playing style with which BUFC, BNFC, BSJSC, BFSC can be identified. BUFC recognises that BNFC, BSJFC, BFSC and are accountable for governance of their respective clubs and BUFC has no desire to be part of that governance or indeed the day to day business of either BNFC or BSJSC. It is agreed as a matter of principle that: BUFC accepts responsibility for co-ordinating junior development activities (including BUFC Representative Teams) BUFC Representative Teams carry an agreed logo in which the BNFC, BSFC and BFSC are identified. Football

8 In relation to girls, there will be a BUDS style program with teams in the under 13, under 15 and under 17 Division One Capital Football competitions pending completion of the National Competition Review (NCR) into women s football conducted by the Football Federation of Australia. The selection of players in BUFC Representative Teams is to be facilitated by BUFC in the following manner: - In consultation with BNFC, BSFC and BFSC, BUFC identify coaches for each BUFC Representative Team on or before 30 September in each year. - BNFC, BSFC and BFSC nominate players for selection in BUFC Representative Teams. - BUFC facilitate selection processes for BUFC Representative Teams. - Each BUFC Representative/BUDS team will consist of up to 15 players. - The selection of BUFC Representative Teams is to be completed on or before 14 February in any year. Players selected in BUFC Representative Teams may only play with a feeder Club with the consent of that registered Club (for example for reasons related to player development, recovery from injury or disciplinary reasons). Any players selected in BUFC representative teams must have been registered with BNFC, BSFC or BFSC in the preceding year unless otherwise exempted by the Management Committee. Without limiting the circumstances in which an exemption may be granted it is intended that a prior connection to BUFC, BNFC, BSFC or BFSC, or relocation into the Belconnen district would be relevant considerations. BNFC, BSFC and BFSC acknowledge that they will liaise with the Management Committee in relation to the capacity for their Club to field a Division 1 team in a particular age group to enable the consideration of a BUDS style team being entered in that particular age group. BNFC, BSFC, BFSC and will collaborate with BUFC and each other to grow football and maximise development opportunities; BNFC, BSFC, BFSC and acknowledge the role of BUFC as representing the interests of BNFC, BSFC, BFSC in the Premier League and will not compete with BUFC teams in senior competition. This principle is subject to the qualification that BUFC acknowledges and accepts the appropriateness of BNFC, BSFC and BFSC providing opportunities for `social senior football teams commensurate with the skills and experience of its players. In these circumstances competition with BUFC teams in senior competition is permissible. BNFC, BSFC and BFSC acknowledge that they will consult with BUFC in relation to any anticipated participation in any Premier League competition or State 1 (women s) and State 1 and State 2 (men s) competitions. BNFC, BSFC and BFSC will market BUFC as the Premier League club of choice; BUFC promotes BNFC, BSFC, and BFSC and as junior clubs of choice ; BUFC provides Premier league & senior (men s, women s and junior) player presence through the season to BNFC, BSFC, BFSC and. This includes participating in identified and agreed special events;

9 All Clubs acknowledge the importance of ensuring an effective transition of players from junior to senior ranks.

10 ATTACHMENT B

11 ANNEX 4 TRAINING COMPENSATION Article 1 Objective 1. A player s training and education takes place between the ages of 12 and 23. Training Compensation shall be payable, as a general rule, up to the age of 23 for training incurred up to the age of 21, unless it is evident that a player has already terminated his training period before the age of 21. In the latter case, Training Compensation shall be payable until the end of the Season in which the player reaches the age of 23, but the calculation of the amount payable shall be based on the years between 12 and the age when it is established that the player actually completed his training. 2. The obligation to pay Training Compensation is without prejudice to any obligation to pay compensation for breach of contract. Article 2 Payment of Training Compensation Training Compensation is due: i) when a player is registered for the first time as a Professional; or, ii) when a Professional is transferred between clubs of two different Associations (whether during or at the end of his contract) before the end of the Season of his 23rd birthday. Training Compensation is not due: i) if the Former Club terminates the player s contract without just cause (without prejudice to the rights of the previous clubs); or ii) if the player is transferred to a Category 4 club; or iii) if a Professional reacquires Amateur status on being transferred. Article 3 Responsibility to Pay Training Compensation 1. When a player is registering as a Professional for the first time, the club for which the player is being registered is responsible for paying Training Compensation within 30 days of registration to every club for which the player was registered (in accordance with the players career history as provided for in the player passport) and that has contributed to his training starting from the Season in which he had his 12th birthday. The amount payable is calculated on a pro rata basis according to the period of training that the player spent with each club. In the case of subsequent transfers of the Professional, Training Compensation will only be owed to his Former Club for the time he was effectively trained by that club. 2. In both of the above cases, the deadline for payment of Training Compensation is 30 days following the registration of the Professional with the New Association. 3. If a link between the Professional and any of the clubs that trained him cannot be established, or if those clubs do not make themselves known within 18 months of the player s first registration as a Professional, the Training Compensation shall be paid to the Association(s) of the country (or countries) where the Professional was trained. This compensation shall be earmarked for youth football development programmes in the Association(s) in question. Article 4 Training Costs 1. In order to calculate the compensation due for training and education costs, Associations are instructed to divide their clubs into a maximum of four categories in accordance with the clubs financial investment in training players. The training costs are set for each category and correspond to the amount needed to train one player for one year multiplied by an average player factor, which is the ratio between the number of players who need to be trained to produce one professional player. 2. The training costs, which are established on a confederation basis for each category of club, as well as the categorisation of clubs for each Association, are published on the FIFA website ( They will be updated at the end of every calendar year. Article 5 Calculation of Training Compensation

12 1. As a general rule, to calculate the Training Compensation due to a player s Former Club(s), it is necessary to take the costs that would have been incurred by the New Club if it had trained the player itself. 2. Accordingly, the first time a player registers as a Professional, the Training Compensation payable is calculated by taking the training costs of the New Club multiplied by the number of years of training in principle from the Season of the player s 12th birthday to the Season of his 21st birthday. In the case of subsequent transfers, Training Compensation is calculated based on the training costs of the New Club multiplied by the number of years of training with the Former Club. 3. To ensure that Training Compensation for very young players is not set at unreasonably high levels, the training costs for players for the Seasons between their 12th and 15th birthday (i.e. four Seasons) shall be based on the training and education costs for category 4 clubs. 4. The Dispute Resolution Chamber may review disputes concerning the amount of Training Compensation payable and shall have discretion to adjust this amount if it is clearly disproportionate to the case under review. Article 6 Special Provisions for the EU/EEA 1. For players moving from one Association to another inside the territory of the EU/EEA, the amount of Training Compensation payable shall be established based on the following: a) If the player moves from a lower to a higher category club, the calculation shall be based on the average of the training costs of the two clubs. b) If the player moves from a higher to a lower category, the calculation shall be based on the training costs of the lower category club. 2. Inside the territory of the EU/EEA, the final Season of training may occur before the Season in which the player had his 21st birthday if it is established that the player completed his training before that time. 3. If the Former Club does not offer the player a contract, no Training Compensation is payable unless the Former Club can justify that it is entitled to such compensation. The Former Club must offer the player a contract in writing via registered mail at least 60 days before the expiry of his current contract. Such an offer shall furthermore be at least of an equivalent value to the current contract. This provision is without prejudice to the rights to Training Compensation of the player s previous club(s). Article 7 Disciplinary Measures The FIFA Disciplinary Committee may impose disciplinary measures on clubs or players that do not observe the obligations set out in this annex.

13 ANNEX 5 SOLIDARITY MECHANISM Article 1 Solidarity Contribution If a Professional moves during the course of a contract, 5% of any compensation, with the exception of Training Compensation, paid to his Former Club shall be deducted from the total amount of this compensation and distributed by the New Club as a solidarity contribution to the club(s) involved in his training and education over the years. This solidarity contribution will reflect the number of years (calculated pro rata if less than one year) he was registered with the relevant club(s) between the Seasons of his 12th and 23rd birthdays, as follows: Season of 12th birthday: 5% (i.e. 0.25% of total compensation) Season of 13th birthday: 5% (i.e. 0.25% of total compensation) Season of 14th birthday: 5% (i.e. 0.25% of total compensation) Season of 15th birthday: 5% (i.e. 0.25% of total compensation) Season of 16th birthday: 10% (i.e. 0.5% of total compensation) Season of 17th birthday: 10% (i.e. 0.5% of total compensation) Season of 18th birthday: 10% (i.e. 0.5% of total compensation) Season of 19th birthday: 10% (i.e. 0.5% of total compensation) Season of 20th birthday: 10% (i.e. 0.5% of total compensation) Season of 21st birthday: 10% (i.e. 0.5% of total compensation) Season of 22nd birthday: 10% (i.e. 0.5% of total compensation) Season of 23rd birthday: 10% (i.e. 0.5% of total compensation) Article 2 Payment Procedure 1. The New Club shall pay the solidarity contribution to the training club(s) pursuant to the above provisions no later than 30 days after the player s registration or, in case of contingent payments, 30 days after the date of such payments. 2. It is the responsibility of the New Club to calculate the amount of the solidarity contribution and to distribute it in accordance with the player s career history as provided for in the player passport. The player shall, if necessary, assist the New Club in discharging this obligation. 3. If a link between the Professional and any of the clubs that trained him cannot be established within 18 months of his transfer, the solidarity contribution shall be paid to the Association(s) of the country (or countries) where the Professional was trained. This solidarity contribution shall be earmarked for youth football development programmes in the Association(s) in question. 4. The Disciplinary Committee may impose disciplinary measures on clubs that do not observe the obligations set out in this annex.