As with any contract, it is important that the parties weigh carefully over the length of time they want and must have. This is especially important if you are entering into an agreement with a new agent or agency company. If the above issues are not identified and addressed at the beginning of negotiations, the parties may be involved in unexpected litigation and/or regulatory investigations. Not only will additional and unexpected costs, as well as the headaches of managing such issues, be unwanted distractions, but the agent or reputation and brand agencies (as well as the reputation of players who are linked to this agent or agency) are threatened. A sports agent is a person who procures and negotiates employment and promotion contracts for an athlete. In return, the agent receives a commission which is usually a percentage of the contract, although that number varies. In addition to looking for incoming sources, agents often handle public relations for their clients. In some major sports agencies, agents look at everything from investment to tax. This is the first glimpse of a series that will focus on the football agency`s market. Brabners LLP works for a large number of agents, agencies and their player clients (with football clubs and non-players) and has advised on many important commercial and legal issues in the sports agency market, often in controversial and non-controversial contexts. Over the past few months, we have seen a marked increase in the scope of our instructions regarding contractual relations between agencies and sports agents (or “intermediaries” in the world of football). Increasingly, our clients of the sports agency try to meet specific and personalized contractual terms with their agents, which often vary from one agent to another.
Perhaps this is due to controversial experiences with agencies and outgoing agents, or perhaps it is another sign of the increasing marketing and sophistication of the sports law market. Alternatively, one or both parties may prefer the flexibility of a Rollterm agreement. This allows greater freedom to terminate the relationship, usually at a certain termination period. However, agents will generally be careful about this type of relationship when the agent is required to assign existing contractual relationships with players/athletes to the agency, or to end a new direct relationship between players/athletes and the agency. If a rolling concept is the preference of the parties, clear provisions regarding dismissal and termination of rights regarding the treatment of these players/athletes are essential. The most important contract with a sports agent is the contract between the player and the agent, also called the Standard Representation Agreement. This contract defines the terms of the agent`s representation, including fees, scope of representation, duration of representation, payment planning and how to handle agent-player disputes. Before delving into the flesh of the contract, it is important to determine from the outset who the parties are, namely the player and the agent.