The club hereby applies for affiliation and/or renewal of affiliation with Sunshine Coast Football (SCF) on the terms set out below. Upon acceptance of this application by SCF, the terms set out below will record the agreement between both parties. Furthermore, upon acceptance, clubs will be able to have teams compete in competitions under the control of SCF, and/or a representative of SCF.
BACKGROUND
Each year, clubs are required to renew their affiliation with SCF for the next football season. This process ensures that a club meets its financial and governance obligations and that the club’s facilities continue to meet minimum standards, as well as ensuring its long-term sustainability and viability.
TERMS AND CONDITIONS OF AFFILIATION
1 The club agrees to comply with the constitution, policies, competition rules and regulations of SCF as amended from time to time.
2 The club agrees to pay, as they fall due, any fees or levies imposed or determined by SCF.
3 The applicant shall be incorporated (or be appropriately constituted as company limited by guarantee) and its current constitution lodged with SCF at all times. Furthermore, the club shall abide by their constitution and comply with requirements of the Office of Fair Trading and/or the Australian Securities and Investment Commission (ASIC).
i. From time to time, SCF and/or representative of SCF may grant participation to
unincorporated entities (ie school based club teams) in competitions under the control of
SCF, and/or a representative of SCF.
4 The club will ensure that all its players and officials participating in SCF’s competitions are registered in accordance with the regulation requirements determined each year by SCF and set out in the Competition Rules.
5 The club will ensure that its players, officials and supporters comply with the standards articulated in the SCF Competition Rules including adopted Codes of Conduct.
6 The club will engage with the Football Australia’s (FA) National Club Development Program (NCDP) as directed by SCF.
7 The club will comply with any competition rules, regulations or by-laws of SCF (enforced from time to time), including without limitation any rule, regulation or by-law concerning or relating to:
7.1 The transfer of players between clubs and Leagues/Zones;
7.2 The admission and removal of clubs from Leagues/Zones and the transfer of clubs
between Leagues/Zones; and
7.3 The investigation, hearing and determination of any matter concerning the conduct of
SCF, club, official of SCF or a club, player or any other person performing any duties
(paid or unpaid) on behalf of SCF or a club.
8 The club agrees that SCF may terminate their affiliation, with immediate effect, for non-compliance with the terms and conditions outlined in this agreement or if the Club fails to field teams in SCF’s competitions or fails to register all players with SCF through appropriate FA sanctioned processes.
9 The club shall only participate in competitions, programs and courses approved by SCF. The Club agrees that all “in-house" competitions will register through SCF in approved FA programs such as, but not limited to MiniRoos Kick-off, Summer Football, Walking Football and Futsal.
10 The Applicant shall:
10.1 Submit the following - a list of names and email addresses of its officers (Executive
Committee, Technical Director and other important contacts) by Monday 18th January
2021;
10.2 Take out and maintain all policies of insurance for tragedy (disability) and liability as
may be directed by the Zone;
10.3 Observe and maintain proper standards and methods of accounting and keep such
books of account and records and operate such finance and accounting systems as
are prescribed from time to time by SCF. Audited accounts to be made available to
SCF each year;
10.4 Ensure that players compete in competitions conducted by SCF in accordance with
the Laws of the Game (LOTG);
10.5 Ensure that all players competing in competitions conducted by SCF are registered via
the Play Football system or as directed by FA and remain registered whilst on the
club's list of players;
10.6 Maintain and ensure that each of its officers, employees, servants, agents and
volunteers maintain a high and good reputation and not jointly or severally engage in
any unbecoming conduct or conduct which is prejudicial or likely to be prejudicial to
the interests of SCF, or the playing of Football; and
10.7 Not directly or indirectly do any act or thing which adversely affects any intellectual
property of SCF either during this term or following termination.
11 The applicant shall pay to SCF on or before 18th January an annual Affiliation Fee, as determined by SCF from time to time. The fee may be deducted by SCF from any funding given to or amounts paid on behalf of the applicant by SCF.
12 SCF shall notify the applicant upon acceptance of its application. The agreement is deemed to have commenced on the acceptance of this application by SCF as evidenced by the signing hereof, and shall continue in perpetuity, unless terminated in accordance with the terms and conditions herein.
13 SCF may terminate this agreement by giving one (1) months written notice to the applicant. The applicant acknowledges and agrees that this agreement does not create a right or expectation of continued affiliation with the Zone.
14 Without prejudice to any other rights at law or in equity, SCF in its absolute discretion may immediately terminate the agreement upon notice to the applicant based on any of the following grounds:
14.1 Failure by the applicant to perform satisfactorily all or any of the obligations or
covenants on its part to be observed and performed under the terms and conditions
herein;
14.2 Doing or permitting to be done any act or thing which reflects unfavourably upon the
reputation, standing or goodwill of the game of football, SCF and as per Codes of
Conduct;
14.3 Becoming subject to, or becoming likely to become subject to a winding up Order, or
being placed under receivership, official management or administration, or making an
assignment for the benefit of or an arrangement with its creditors, or any other event
which in the reasonable opinion of SCF affects the ability of the applicant to pay its
debts as and when they fall due;
14.4 There are insufficient clubs competing in the competition conducted by SCF; and/or
SCF appointed Competition Administrator;
14.5 SCF determines that the applicant is conducting any competition in a manner which is
prejudicial to the promotion, development or reputation of the game of football;
14.6 The playing field and facilities do not meet standards set by SCF.
15 After the termination of the agreement for whatever reason, the applicant shall not represent directly or indirectly that any of the rights granted under this agreement are continuing or that the applicant has any sponsorship approval or affiliation of or with SCF.
16 The agreement shall be personal to the applicant and the applicant shall not assign or grant any sub-licence or otherwise deal with or transfer any of its rights or interest without the prior written consent of SCF which consent may be granted or withheld in the absolute discretion of SCF.
17 The applicant shall take all steps necessary to ensure that the playing fields and facilities meet the requirements of SCF.
18 The agreement shall be governed by and construed in accordance with the laws of the State of Queensland and the parties hereto agree to submit to the jurisdiction of the Courts of Queensland.
19 The applicant must complete Schedules 1 and 2 hereof to the satisfaction of SCF.
20 SCF may impose conditions on the acceptance of this application and these will be communicated to the applicant.