This form is a generic example of a contract between a College and the Director of Athletics of the College's intercollegiate sports teams. It covers such provisions as:
" Employment Duties;
" Term and Renewal;
" Compensation (both regular and supplemental);
" Duties;
" Ground for Termination and Consequences of Termination
A New Mexico Agreement between a College or University and an Athletic Director is a legally binding contract that outlines the terms and conditions of the working relationship between the educational institution and the individual responsible for overseeing the athletic department. This agreement serves to establish expectations, duties, and responsibilities for both parties involved. The agreement can be categorized into various types, depending on specific parameters, such as duration, compensation, and responsibilities. These types may include: 1. Employment Agreement: This type of agreement outlines the terms of employment for the Athletic Director with the college or university. It covers the duration of employment, job title, terms of termination, and compensation details, including salary, bonuses, incentives, and benefits. 2. Duties and Responsibilities Agreement: This agreement defines the role and responsibilities of the Athletic Director within the college or university. It outlines the scope of the work, such as overseeing athletic programs, recruitment, managing coaching staff, budgeting, fundraising, and ensuring compliance with relevant rules and regulations. 3. Code of Conduct Agreement: This agreement establishes guidelines for professional behavior and conduct for the Athletic Director. It may include provisions related to ethical standards, conflicts of interest, adherence to NCAA rules, media relations, and representing the institution's values. 4. Financial Agreement: This type of agreement focuses on the financial aspects of the relationship between the college or university and the Athletic Director. It covers matters such as annual budgets, expenditure approvals, financial reporting requirements, use of funds, and fundraising initiatives. 5. Termination Agreement: In the event of the Athletic Director's termination or resignation, this agreement outlines the process, notice period, severance pay if applicable, and any other relevant provisions related to the termination. When creating a New Mexico Agreement between a College or University and an Athletic Director, it is crucial to include the following key elements: a. Parties involved: Clearly identify the college or university and the Athletic Director by including their legal names and contact information. b. Purpose: Clearly state the objective of the agreement, emphasizing the collaboration between the educational institution and the Athletic Director to enhance the athletic department's performance. c. Term: Indicate the duration of the agreement, including a start and end date. Specify any renewal or termination options that might exist. d. Duties and Responsibilities: Clearly outline the specific roles and responsibilities of the Athletic Director within the athletic department, covering areas like recruitment, budgeting, fundraising, academic progress of athletes, scheduling, and compliance with rules and regulations. e. Compensation and Benefits: Detail the financial aspects of the agreement, including the Athletic Director's salary, benefits, bonuses, incentive opportunities, and any other forms of compensation provided. f. Termination Clause: Define the procedures, notice period, and conditions under which either party may terminate the agreement. g. Indemnification and Liability: Establish provisions that outline the responsibility of each party for any damages, claims, or liabilities arising from their actions or omissions during the term of the agreement. h. Governing Law: Specify that the agreement shall be governed by the laws of New Mexico and indicate the jurisdiction for any disputes that may arise. i. Confidentiality: Include a clause that emphasizes the importance of maintaining the confidentiality of sensitive information obtained during the execution of duties and after the agreement's termination. In summary, a New Mexico Agreement between a College or University and an Athletic Director is a comprehensive contract that covers various aspects of their professional relationship. These agreements ensure that both parties are aware of their obligations, rights, and expectations, leading to a cohesive and successful athletic department within the educational institution.