CANpitch Instructor Agreement

    Softball Canada is the national governing body for the sport of softball in Canada. CANpitch is Softball Canada’s national pitching program created to provide a nationally standardized curriculum based on Softball Canada’s Long-Term Player Development framework to introduce and develop the skill of windmill pitching to children and youth. The primary objective of CANpitch is to provide a vehicle to enhance the development of pitching skills and knowledge for both players and coaches across Canada especially at the grassroots level.

    This agreement acknowledges that Softball Canada is making a significant investment in this program and in the training of Master Pitching Instructors (MPIs) and the Provincial/Territorial Softball Association is making a significant investment in the training of Regional Pitching Instructors (RPIs). All CANpitch material is owned and copyrighted by Softball Canada and is the intellectual property of Softball Canada. This agreement also acknowledges that the branding of the CANpitch Program as a Softball Canada national program and the appointment as an MPI/RPI has significant value to MPIs and RPIs. 

    In consideration of the mutual agreements described below, the Parties hereby agree as follows:

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    Contract Parties

    CANpitch PROGRAM

    MASTER PITCHING INSTRUCTOR & REGIONAL PITCHING INSTRUCTOR

    AGREEMENT

    Between:

    Softball Canada

    223 Colonnade Rd., Ste 212

    Ottawa, Ontario

    K2E 7K3

    www.softball.ca





    Responsibilities of the Instructor

    The Instructor will:

    a. Comply with the prerequisites, duties and responsibilities described in Appendix “A”.

    b. Submit a Vulnerable Sectors Check to Softball Canada, which will be followed up annually with a Offence Declaration Form

    Availability

    c. Conduct a minimum number of CANpitch clinics per year as agreed upon between the Instructor and their respective Provincial/Territorial Softball Association (“PTO”) as specified in Appendix “B”.

    Commitment

    d. As an MPI, commit three (3) years of service to the CANpitch Program.

    e. As an RPI, commit to two (2) years of service to the CANpitch Program.

    Reporting

    f. Track and collect participant data and program feedback regarding the CANpitch Program and provide such information to their respective PTO, and Softball Canada as requested.

    g. Assist their respective PTO to write an annual report for Softball Canada providing information relating to the CANpitch Program (clinic evaluations, program revisions, and participant #'s) by October 31st. 

    Publicity

    h. Allow their contact information and their head and shoulder’s photograph to be posted on the Softball Canada website and/or their respective PTO website in order to promote the CANpitch Program.







    Responsibilities of Softball Canada and PTO

    1.     Softball Canada will commit to the professional development and training of the MPI as well as provide ongoing support.

    2.     The PTO will commit to the professional development and training of the RPI as well as provide ongoing support.




    Consideration

    1. Softball Canada agrees to pay travel, per diem, and accommodation expenses for MPIs attending Softball Canada organized MPI professional development or training sessions.

    2.The PTO agrees to pay travel, per diem, and accommodation expenses for MPIs attending mandatory NCCP Pitching Instructor Beginner Clinics, and for providing RPI professional development or training sessions.

    3.The PTO agrees to pay the MPI and RPI an agreed upon honorarium and expenses as described in Appendix “B”.

    4.The Instructor agrees to notify their respective PTO if they are contacted to conduct any organized pitching clinic (greater than four (4) pitchers per session) outside or within their PTO’s jurisdiction.




    Confidentiality

    1. The Instructor acknowledges that the CANpitch Program includes confidential and proprietary information, including, but not limited to, procedures, guides, business methods, forms, policies, marketing and development plans, advertising programs, creative materials, plans, trade secrets, knowledge, techniques and information that is not generally or publicly known (collectively “Confidential Information”). 

    2. The Instructor will not, either during the term of this Agreement or at any time thereafter, reproduce, disclose, publish, sell, communicate or divulge to any unauthorized party, firm, corporation or other third parties any Confidential Information concerning the business or affairs of Softball Canada or the CANpitch program, except for:

    a. The purposes described herein including and specifically implementing the CANpitch program.

    b. For private and semi-private lessons (as defined as groups of less than four (4) pitchers).




    Intellectual Property and Proprietary Rights

    1.     All rights in Softball Canada’s and the CANpitch Program’s intellectual property, trademarks, policies, resources, written materials, binders, guides, logos, trade names, business names, brands, designs, domain names, e-mail addresses, websites, copyrights, rights in any format or presentation (including its look, feel, visual or other non-literal elements), trade secrets and other confidential information, databases and all other intellectual property rights (registered or unregistered) of a similar corresponding character which subsist now or in the future in any part of the world, (collectively Softball Canada’s Intellectual Property), whether registered or not and any applications to register or  right to apply for any of the foregoing, is and will remain the property of Softball Canada and nothing in this Agreement will imply any transfer or ownership, right, title or interest in respect of such Softball Canada’s Intellectual Property apart from the license granted herein.

    2.     Copyright and any other intellectual property rights in all written material (including material in electronic format), software, databases and other works produced by the Instructor during the term of this Agreement, or otherwise produced in connection with this Agreement will be owned solely by Softball Canada, who will have the right to use, reproduce or distribute such material and works, or any part thereof, for any purpose it wishes. 

    3.     On termination, of this Agreement, all rights and licenses and privileges granted to the Instructor will immediately cease and terminate.  Upon termination, the Instructor will cease to use or distribute goods or advertise using Softball Canada’s Intellectual Property.




    Term

    1.     This Agreement will be effective on the date of execution and will expire on the date indicated below. 

    2.     There is no automatic renewal of this Agreement and the Instructor must execute a new agreement. 





    Termination

    Softball Canada may terminate this Agreement immediately if:

      1. The Instructor’s actions constitute an imminent danger to the public health;
      2. The Instructors’ intentional unauthorized use of Softball Canada’s Intellectual Property and Confidential Information;
      3. The Instructor breaches the terms of this Agreement or any applicable Softball Canada or PTO policy. In such case, written notice must be given to specify the breach and the Instructor will have five (5) days to remedy the matter.
      4. The Instructor provides written notice.



    Governing Law

    This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario.




    General

    1. The Parties have sought or obtained, or have had the opportunity to seek and obtain, independent legal advice concerning the matters in this Agreement, and execute this Agreement knowingly and voluntarily.

    2.This Agreement constitutes the sole and entire agreement between the parties, and supersedes any previous agreements, understandings and arrangements between the parties. Any amendments hereto are enforceable only if in writing and signed by each of the parties.




    Appendix A

    APPENDIX A

    ROLES AND RESPONSIBILITIES OF THE MASTER PITCHING INSTRUCTOR (MPI)

    AND REGIONAL PITCHING INSTRUCTOR (RPI)

    Master Pitching Instructor

    1.     Upon the Contractor being designated a Master Pitching Instructor by Softball Canada; the Master Pitching Instructor is responsible to both Softball Canada and their Provincial/Territorial Softball Association.  The primary role of the Master Pitching Instructor (MPI) is to work with their respective Provincial/Territorial Softball Association to provide pitching instruction and deliver clinic for pitchers using the nationally standardized pitching curriculum of the CANpitch Program developed by Softball Canada.  In order to do so, the MPI will be responsible to train, evaluate, support and mentor Regional Pitching Instructors throughout their respective province/territory.  The MPI and RPIs will facilitate pitching clinics for players.

     

    2.     In addition, MPIs shall play a key role in assisting Softball Canada with the design and implementation of the CANpitch Program by implementing and providing feedback about the program.

     

    3.     The Master Pitching Instructor will be responsible to:

    ·         Commit to a minimum of three (3) years to Softball Canada’s CANpitch Program.

    ·         Attend an annual meeting held by Softball Canada for MPI training and/or professional development.

    ·         Act as a liaison between Softball Canada and their Provincial/Territorial Softball Association.  MPIs will communicate with their Provincial/Territorial Softball Association before and following any Softball Canada meeting.  This may require the MPI to prepare a report to give to the Provincial/Territorial Softball Association.

    ·         Collaborate with their Provincial/Territorial Softball Association to provide an annual report to Softball Canada regarding the CANpitch Program which will include:

    i.      Number of player clinics held in their respective Province or Territory and number of participants per clinic.

    ii.     Demographic information of the clinic participants from each clinic held.

    iii.    Summary of feedback from clinic participants and/or their parents about the program.

    iv.    An evaluation of clinic delivery, format and possible revisions to the content and overall program.

    ·         Recruit, train, evaluate, mentor and support a group of Regional Pitching Instructors (RPIs) to meet demands required by their Province or Territory.  The MPI will work with the Provincial/Territorial Softball Association to:

    i.      Host an RPI training and/or professional development session when needed.

    ii.     Disseminate any approved curriculum changes to the RPIs in their Province/Territory for implementation.

    iii.    Train RPIs in the correct administrative procedures required to administer the clinics they deliver.

    iv.    Re-train (or update) RPIs in their Province or Territory.

    ·         Facilitate pitching clinics for players in their Province or Territory.  The MPI will coordinate these clinics with RPIs and their Provincial/Territorial Softball Association.

    ·         Mentor coaches within their respective Province or Territory.

    ·         Develop a succession plan for the position of MPI in their respective Province or Territory.

    ·         Promote the CANpitch Program.

    ·         Submit a Police Records Check to their Provincial/Territorial Softball Association prior to working with participants.


    Regional Pitching Instructor

    4.     Upon designation by Softball Canada as a Regional Pitching Instructor, the primary role of the Regional Pitching Instructor (RPI) is to be the pitching expert in a designated area within their respective Province or Territory and/or, as requested, throughout their respective Province or Territory.  The RPI will deliver pitching instruction and clinics for pitchers using the nationally standardized pitching curriculum of the CANpitch Program developed by Softball Canada.  RPIs may also train and mentor coaches within their respective region of their province/territory.

     

    5.     RPIs will receive instruction, mentoring, and support from their respective MPIs through one-on-one mentoring and professional development opportunities organized by their Provincial/Territorial Softball Association.

     

    6.     The Regional Pitching Instructor will be responsible to:

    a.     Commit to a minimum of two (2) years to Softball Canada’s CANpitch Program.

    b.     Deliver at least one 6-week training session to participants at the grassroots level (ages 8-16).

    c.     Attend all RPI training sessions and/or professional development sessions hosted by their Provincial/Territorial Softball Association.

    d.     Communicate on a regular basis with their MPI and their Provincial/Territorial Softball Association about the CANpitch Program.

    e.     Assist their Provincial/Territorial Softball Association and MPI(s) in writing an annual report for Softball Canada regarding the CANpitch Program which will include:

    i.      Number of clinics (player and coach clinics) held in their respective Province/Territory and number of participants per clinic.

    ii.     Demographic information of the clinic participants from each clinic held.

    iii.    Summary of feedback from clinic participants about the program.

    iv.    An evaluation of clinic delivery, format and possible revisions to the content and overall program.

    f.      Facilitate pitching clinics for players in their Province or Territory.  The RPI will coordinate these clinics with their Provincial/Territorial Softball Association.

    g.     Mentor coaches within their respective Province or Territory.

    h.     Develop a succession plan for the position of RPI in their designated region of their Province or Territory.

    i.       Promote the CANpitch Program to local softball associations in their area.

    j.       Submit a Police Records Check to their Provincial/Territorial Softball Association prior to working with participants.

     


     




    Appendix B

    Softball Ontario Confidentiality Agreement

    WHEREAS ________________________ (the “Representative”) is in a leadership position with
    Softball Ontario by virtue of being a Director, Officer, Committee Member, Zone Umpire?in?
    Chief or Provincial Umpire?in?Chief;

    AND WHEREAS by virtue of holding this position the Representative will have access to:

    • Confidential information concerning the business and affairs of Softball Ontario,
    • Confidential information concerning the business and affairs of Softball Ontario’s member associations,
    • Confidential information concerning the business and affairs of Softball Ontario sponsors and partners,
    • Confidential information pertaining to Board or Committee discussions and deliberations, which are private, and
    • Personal and confidential information pertaining to individuals who are members of
    • Softball Ontario or its member associations, including players, umpires, coaches, managers, volunteers, and staff, including medical information,

    The Representative hereby agrees the he or she will not, during the term of the Representative’s appointment or employment or any time thereafter, disclose to any person or organization any confidential or personal information as described above, unless such disclosure is done with the consent of the individual who is the subject of the information, is done in accordance with Softball Ontario policies, is done in conformance with the Canadian Anti Doping Program, or is done in accordance with provincial or federal law.

    The Representative also understands that a failure to comply with this agreement may give rise to discipline in accordance with Softball Ontario’s policies for conduct and discipline, which may in turn lead to sanctions that may include removal from the position, suspension or expulsion from membership, or termination of employment.

    The Representative hereby agrees to the above terms.

    For further questions please contact:

    Softball Ontario
    3 Concorde Gate,
    Toronto, Ontario
    M3C 3N7
    Tel: 416-426-7150
    Fax: 416-426-7368
    Email: info@softballontario.ca
    Web: www.softballontario.ca




    Appendix C

    Softball Ontario Volunteer Agreement

    As a volunteer for Softball Ontario, I agree to adhere to this Expected Standard of Ethical Conduct at all times, in my service to Softball Ontario and its members:

    1. Demonstrate through words and actions the spirit of sportsmanship, sports leadership and ethical conduct;
    2. Treat others with respect and refrain from negative or disparaging remarks or conduct
    3. Avoid and reject the non-medical use of drugs or the use of performance-enhancing drugs or methods;
    4. Consume alcohol and tobacco products responsibly in association with Softball Ontario events;
    5. Refrain from any behaviour that constitutes harassment, where harassment is defined as comment or conduct directed towards an individual or group, which is offensive, abusive, racist, sexist, degrading or malicious;
    6. Refrain from any behaviour that constitutes sexual harassment, where sexual harassment is defined as unwelcome sexual advances or conduct of a sexual nature, when submitting to or rejecting this conduct influences decisions which affect the individual, such conduct has the purpose or effect of diminishing performance, or such conduct creates an intimidating, hostile or offensive environment; and
    7. Comply at all times with the By-laws, policies, rules and regulations of Softball Ontario, as adopted and amended from time to time, including complying with any contracts or agreements executed with or by Softball Ontario.

    Furthermore, I agree to submit a Police Records Check if requested by the Softball Ontario Board of Directors, Staff Members or Program Representatives in accordance with Softball Ontario’s Policies and Procedures. I understand that failure to participate in the Police Records Check process as outlined in Softball Ontario’s Policy Manual will result in my ineligibility to volunteer with Softball Ontario.

    In addition, I agree to sign Softball Ontario’s Confidentiality agreement if requested by the Softball Ontario Board of Directors, Staff Members or Program Representatives in accordance with Softball Ontario’s Policies and Procedures. I understand that failure to sign the Confidentiality Agreement upon request will result in my ineligibility to volunteer with Softball Ontario.

    I hereby give permission for my photograph to be taken and used by Softball Ontario for publication of the photograph in brochures, web sites, leisure guides and other promotional materials created by Softball Ontario, including permission for Softball Ontario to copyright the photograph in its name. The purpose of the promotional materials is to encourage people to participate in the sport of softball, and to utilize Softball Ontario’s programs and services.

    The purpose of gathering the information on this form is to provide Softball Ontario with the information needed to administer the Association's programs and services. Please note that Softball Ontario is committed to respecting the privacy of our members, our volunteers, and our employees, by adhering to the privacy principles set forth in The Personal Information Protection and Electronic Documents Act (PIPEDA). Softball Ontario's Privacy Policy may be viewed on Softball Ontario's website at www.softballontario.ca.

    I hereby certify that I have read the above statements and agree with them and I will therefore adhere to all
    requirements contained in this agreement or as may be otherwise directed to me in writing by Softball Ontario
    during my term as a Softball Ontario volunteer.

    For further questions please contact:

    Softball Ontario
    3 Concorde Gate,
    Toronto, Ontario
    M3C 3N7
    Tel: 416-426-7150
    Fax: 416-426-7368
    Email: info@softballontario.ca
    Web: www.softballontario.ca




    Conclusion

    Thank you for completeting the Softball Canada CANpitch Instructor Agreement. Each year you will be asked to complete a Screening Discolusre form so that we have the most up to date information possible on our instructors. Should any of your information change at any time please contact aballantyne@softball.ca.



    Acknowledgement

    By typing in the Contractor’s name below and clicking the “I Agree” icon, the Contractor agrees to be bound this Agreement.  




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