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

    Obligations

    a. Comply with the prerequisites, duties and responsibilities described in Appendix “A”.
    b. Submit a Vulnerable Sectors Check to their PTO, which will be followed up annually with an Offence Declaration Form for up to 5 years. Master Pitching Instructors (MPI’s) are asked to forward a copy to Softball Canada for their records.

    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”.

    Reporting

    d. 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.
    e. 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) before October 31st.

    Publicity

    f. Allow their name, email address, City & P/T, 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

    Responsibilities of Softball Canada and PTO

    Canpitch Instructors

    1.     The PTO will commit to providing ongoing professional development and training opportunities for new and current Canpitch Instructors.

     

    Master Pitching Instructors (MPI)

    2.     Softball Canada will commit to the professional development and training of the Master Pitching Instructor as well as provide ongoing support.

    a.     Softball Canada agrees to pay travel, per diem, and accommodation expenses for up to 2 MPIs per PTO attending Softball Canada organized MPI professional development and/or training sessions.

    b.     The PTO agrees to pay travel, per diem, and accommodation expenses for MPIs attending mandatory NCCP Pitching Instructor Beginner clinics and/or Canpitch Admin Training.




    Confidentiality

    Confidentiality

    4. 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, trade secrets, knowledge, techniques, and information that is not generally or publicly known (collectively “Confidential Information”).

    5. 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

    Intellectual Property and Proprietary Rights

    6. 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.

    7. 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.

    8. On termination of this Agreement, all rights, 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

    Termination

    9. Softball Canada or the PTO may terminate this Agreement immediately (without written notice) if:
    a. The Instructor’s actions constitute an imminent danger to the public health;
    b. The Instructor demonstrates intentional unauthorized use of Softball Canada’s Intellectual Property and/or Confidential Information;
    c. The Instructor has provided written notice wishing to terminate agreement.

    10. If the Instructor breaches the terms of this Agreement or any applicable Softball Canada or PTO policy, written notice must be given to specify the breach and the Instructor will have five (5) days to remedy the matter. If not remedied, the Instructor will be considered a “member not-in-good-standing” with Softball Canada and may be terminated with written notice immediately following. The PTO assumes the responsibility to inform Softball Canada should such a situation occur.




    Governing Law

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




    General

    General


    12. 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.

    13. 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 CANPITCH INSTRUCTOR

    Canpitch Instructor

    1. Canpitch Instructors are required to take the NCCP Pitching Instructor Beginner Clinic held in their P/T or the closest P/T available as indicated by “In-Training” or “Trained” status in the CAC Locker.

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

    3. Upon designation by their PTO, a Canpitch Instructor’s primary role is to deliver pitching instruction/clinics for youth using the nationally standardized pitching curriculum (Appendix “C”) of the Canpitch Program developed by Softball Canada.

    4. The Canpitch 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 8-14) annually.

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

    d. Communicate with their MPI and their Provincial/Territorial Softball Association about the Canpitch Program as requested.

    e. Assist their Provincial/Territorial Softball Association and MPI(s) in writing an annual report (by October 31st) for Softball Canada regarding the Canpitch Program which will include:


    i. Number of clinics held in their respective Province/Territory and number of participants per clinic.
    ii. Summary of feedback from clinic parents/participants about the program.
    iii. An evaluation of clinic delivery, format, and possible revisions to the content and overall program.


    f. Promote the Canpitch Program to local softball associations in their area.

    g. Submit a Vulnerable Sectors Check to their Provincial/Territorial Softball Association prior to working with participants.


    Master Pitching Instructor

    5. Upon the Canpitch Instructor being designated a Master Pitching Instructor by Softball Canada, the Master Pitching Instructor will be responsible to both Softball Canada and their Provincial/Territorial Softball Association. Their primary role is to continue to work with their respective Provincial/Territorial Softball Association to provide pitching instruction/clinics for youth using the nationally standardized pitching curriculum (Appendix “C”) of the Canpitch Program developed by Softball Canada. They will also be responsible to train, evaluate, support and mentor Canpitch Instructors throughout their respective Province/Territory.

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


    7. The Master Pitching Instructor will be responsible to:


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

    b. Participate in Canpitch Administration sessions held by Softball Canada for MPI training and/or professional development.

    c. 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.

    d. 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. Summary of feedback from clinic participants/parents about the program.

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

    e. Recruit, train, evaluate, mentor, and support Canpitch Instructors to meet demands required by their Province/Territory. The MPI will work with the Provincial/Territorial Softball Association to:

    i. Disseminate any approved curriculum changes to the Canpitch Instructors in their Province/Territory for implementation.
    ii. Train Canpitch Instructors in the correct administrative procedures required to administer the Canpitch Program.
    iii. Re-train (or update) Canpitch Instructors in their Province/Territory.
    iv. Assist with NCCP Pitching Instructor Beginner Clinics held by Softball Canada.

    f. Mentor coaches within their respective Province/Territory as able.

    g. Develop a succession plan for the position of MPI in their respective Province/Territory.

    h. Promote the Canpitch Program.

    i. Submit a Vulnerable Sectors Check to their Provincial/Territorial Softball Association and Softball Canada 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-inChief 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:


    a. Demonstrate through words and actions the spirit of sportsmanship, sports leadership and ethical conduct;
    b. Treat others with respect and refrain from negative or disparaging remarks or conduct
    c. Avoid and reject the non-medical use of drugs or the use of performance-enhancing drugs or methods;
    d. Consume alcohol and tobacco products responsibly in association with Softball Ontario events;
    e. 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;
    f. 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
    g. 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.



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