Swim Clubs

CONTRACTS FOR FACILITY USE

You may have the greatest plans and vision in the world, but if you do not have access to water, you cannot start a swim team. You need a long term secure contract for facility usage unless you own your own facility.

  • What are the limitations of the facility you plan to use?
  • Is it indoors or outdoors?
  • What are the water depths?
  • Can the water temperature be adjusted to service different populations?
  • What are the available hours for facility use?
  • Who is responsible for air quality and water quality?
  • What type and duration of contract do you have for the pool?

Dealing with pool contracts may be unpleasant and tedious but it's important to get it right. Before signing a contract, take the time to read and understand it. If you are unclear about any provisions in the contract seek advice. Your attorney should always be involved. legalzoom.com can help you create reliable legal documents from your home or office. Simply answer a few questions online and your documents will be prepared within 48 hours. This is not a viable replacement for a personal attorney but a great place to get initial or additional information. Information contained in the contract may be daunting and confusing, but it is vitally important that you understand your rights and other rights and obligations. It is imperative that you read all the documents carefully and retain a copy of the signed contract. Changes should not be made to an existing contract’s terms without seeking legal advice Finally remember If it is not “in writing” it may as well not exist.

The points below may help you in understanding your contract documents:

  • There can be numerous documents that make up a contract. These documents may vary, depending on the sort of contract you use. These are called addendums or exhibits and will be attached to the main contract pages.
  • Whatever documents you need to supply will be stated within the contract itself.
  • Your attorney should be able to supply the correct kind of contaract but if you have any doubts, contact your business advisor.
  • Your contract documents may contain words that you need clarified. Your contract should provide you with a definition, meaning or interpretation of particular words within your contract. These are usually denoted by italics or bold font.
  • Most contracts will contain a dispute resolution clause. This should be referred to if there is a dispute or disagreement between parties.
  • Understand the dollars. Make sure you know how the contract handles payment for services, benefits, insurance, and both parties’ responsibilities.

Essential items in a contract.Before signing anything, check that the following items are included.

  • The starting date, duration, and renewal date.
  • The names and any of their controlling companies or organizations
  • A detailed description listing each party’s obligations and expectations of the work or service that needs to be carried out, including special requirements or conditions.
  • Insurance issues
  • A grievance policy and arbitration structure
  • The organizational structure and flow chart of responsibilities within the facility.
  • Statement of any 'provisional sum' or 'extra charges' .
    • For example: meet clean up expenses, program success profit sharing, yearly rental increases, maintenance reimbursement, reimbursement for extraordinary expense
  • Dress code and apparel expectations
  • Phone, printer and computer policies: who owns the equipment and can it be used? Use of other facility equipment
  • Use of areas outside of the pool, such as meeting rooms or exercise rooms
  • An acknowledgement that both parties have read and understood all procedures relating to the contract.

The contract usually comes into force on the day the last party signs the contract and that signing is communicated to the other party. This is called the "contract date".

Once the contract is signed by both parties, you may have to complete a number of tasks set out in the contract (for example: background check or deposits) before the contract can go into effect.

Cooling Off Period: Some states have a cooling off period required by law. You may have the right to withdraw from the contract before the period expires.

Non Compete agreement: if this is included in your contract, read it carefully and make sure you understand what restrictions you are agreeing to.

Suggested clause: The pool owners must inform the coach-owner no later than 6 months prior to the ending date of contract, if there are going to be changes in the contract. With no formal notification to the contrary, the coach-owner will automatically consider the contract renewed for that next equivalent contract time period with a maximum 3% increase per year for pool rental over the length of the contract.

ASCA as some excellence resources to help with contract development.


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