NBA Employment Contract
NBA Employment Contract
THIS AGREEMENT is made and entered into as of this ___________________ day of ___________________, 1987
by and between ___________________, a corporation (hereinafter referred to as the "Club"), and
___________________ (hereinafter referred to as the "Employee").
WITNESSETH
WHEREAS, the Club desires to employ the Employee, and the Employee desires to be so employed.
NOW, THEREFORE, the Club and the Employee, in consideration of the premises and of the mutual promises
hereinafter set forth, agree as follows:
1. Employment. The Club shall employ the Employee and the Employee shall serve the Club as Head Coach for its
professional basketball team or such other position as the President of the Club shall direct from time to time, and the
Employee shall perform all of the duties incident to such positions. In addition, the Employee shall perform all duties,
not inconsistent with the duties of such positions, as may be prescribed from time to time by the President of the Club.
In the performance of his duties, the Employee shall observe the requirements of the Constitution, By-Laws and Rules
of the National Basketball Association, including, without limitation, Article 35.1 of the Constitution.
2.1 Employee shall devote all of his time during the term of his employment to the affairs of the
Club and to performing the duties incident to the position held by the Employee. During the time the
Employee is the Head Coach, the Employee shall, with the prior approval of the Club, have the authority
to hire assistant coaches and scouts and shall be consulted with respect to the acquisition, transfer and
dismissal of the Club's basketball players, whether by drafting, signing, trading, purchasing, selling or
terminating the contract of such players. The Employee shall be available for activities such as
appearances on the pre-game show, ticket promotion, public and media appearances, speeches and
interviews which may be reasonably required by the Club. In addition the Employee shall perform
services at basketball camps or clinics operated by the Club at such time as the Club and Employee
mutually agree provided, however, that the Employee may, but is not required to appear at more than
five (5) such camps or clinics in any one (1) calendar year during the term hereof.
2.2 In performance of his duties under this Agreement, the Employee shall receive his instructions
from and shall report to the President of the Club or such other person as shall be directed by the
President of the Club.
3. The term of the Employee's employment with the Club shall commence July 1, 1987 and shall continue through June
30, 1990.
4. Compensation.
4.1 For his services provided hereunder, the Club shall pay to the Employee:
5. Restrictive Covenant. In the event that, during the term of this Agreement, the Employee terminates his employment
with the Club, the Employee covenants and agrees that for a period of two (2) years after the date of such termination,
but not beyond the term of this Contract, he shall not accept employment as, become employed in the capacity of, or in
any other way, directly or indirectly carry out the duties of a coach or in any other manner directly or indirectly carry
out any basketball related duties for any term operating as a member of the National Basketball Association. The
Employee represents and agrees that he has extraordinary and unique skill and ability as a basketball coach and
basketball executive and that the services to be rendered by him hereunder cannot be replaced or the loss thereof
adequately compensated for in money damages. The Employee acknowledges that any violation of this covenant by the
Employee will cause irreparable damage to the Club and that injunctive relief is the appropriate remedy to enforce the
terms of this covenant.
6. Vacations. The Employee shall be entitled to one (1) month's vacation during each year of this Agreement. The
Employee may choose the period during which he will take each vacation, provided, however, that the vacation must be
taken during the months of June, July, August or early September and does not occur during the National Basketball
Association season, including playoff games. The Employee may not take his vacation preceding the NBA College
Draft, customarily held in June of each year or during any summer development camp.
7. Publicity. The manner and time of the release of publicity of the Employee's employment by the Club shall be subject
to the prior approval of the Club.
8. Termination.
8.1 Termination for Cause. Upon the happening of any of the following events, the Club, in its sole
discretion, may terminate this Agreement at any time and the Employee's employment hereunder,
without pay, by giving not less than five (5) days' written notice of such termination to the Employee:
(a) The Employee's conviction of any crime involving moral turpitude, unless the conviction arose
out of circumstances where the Employee acted in good faith, for a purpose which the Employee
reasonably believed to be in the best interests of the Club and the Employee and had no reasonable cause
to believe that such conduct was unlawful; or
(b) The President of the Club, in his sole discretion, shall make a good faith determination that,
because of the Employee's use of alcohol or an illegal drug, the Employee has become unable effectively
to perform the duties of his employment hereunder; or
(c) Any action that violates the Constitution, By-Laws, or Rules of the National Basketball
Association and that, in turn, prevents the Employee from fulfilling his obligation under this Agreement.
8.2 Termination Without Cause. The Club may, at its sole discretion, terminate this Agreement at
any time and the Employee's employment hereunder by giving not less than five (5) days' written notice
of such termination, provided that, upon such termination, the Club's obligation to pay compensation, as
set forth in Paragraph 4.1 of this and such part of the compensation set forth in Paragraph 4.2 earned as
of the date of termination, shall continue for the remainder of the term of this Agreement.
9. Strike or Work Stoppage. Except in the case where the Employee is actively supporting any strike or work stoppage,
any strike or work stoppage shall not affect the Employee's right to receive the compensation due pursuant to this
Agreement.
10. Notice. Any notice required or permitted to be given under this Agreement shall be sufficient if in writing, and if
personally delivered or telegraphed to the known location of the Employee, or if not known, then sent by registered or
certified mail to the residence of the Employee or the legal representative of his estate or to the principal office of the
Club, as the case may be.
11. Waiver of Breach. The waiver by either party hereto of the breach of any provision of this Agreement by the other
shall not be deemed a waiver of any subsequent breach.
12. Entire Agreement. This Agreement represents the entire agreement between the parties hereto regarding the subject
matter hereof and supersedes all prior contemporaneous agreements, understandings, negotiations and discussions,
whether oral or written, of the parties in connection with the subject matter hereof. No supplement, modification,
waiver, or amendment of this Agreement or any provision hereof shall be binding unless executed in writing by the
parties hereto.
13. Assignment. The rights and duties arising under this Agreement shall not be assignable or delegable by the
Employee hereto without the prior written consent of the Club. These rights and duties are assignable or delegable by
the Club upon the sale of all or substantially all of the Club's basketball assets.
14. Governing Law. This Agreement and all questions arising in connection with it shall be governed by the laws of the
State.
15. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in
accordance with the rules of the American Arbitration Association, and judgment upon the award rendered in such
arbitration may be entered in any Court having jurisdiction thereof.