There are pros and cons for both firm agreements and rollover agreements, and the right duration depends on a number of factors, including previous transactions with the agent/company, your goals of involving the agent on board (for example.B the agent has an existing client base with current representational relationships) and the nature of the relationship, That you want to build with the agent. How an agency pays an agent and the right to commission are obvious and important issues to consider when entering into an agency contract. It is absolutely essential to ensure that the agreement reflects what was expected and what was agreed between the parties. You should think carefully about the following: if the agency contract is not exclusive, the agreement must clearly specify which activities are covered by the agreement and which activities are not covered by the agreement. As a starting point, you must bear in mind that I have not included clauses concerning financial services such as credit and investment. Financial services are such a broad subject that it warrants a separate contract. In addition, not all agents offer financial services because the risks to which the agent is exposed are greater. Some leagues have separate requirements for financial advisors, such as the NFL. Due to the increased risk, the specific rules and the breadth of services that could include financial services, it is in the best interest of the agent to establish a separate agreement on all financial services offered. Many of the clauses I`ve described contain ideal situations for agents, but players might want to renegotiate some conditions. As with all contract negotiations, it is important to know the difference between the conditions you need and the conditions you want to have. The relationship between a player and an agent is based on trust, and no agent wants to start that relationship badly by participating in a controversial negotiation over the terms of their representation agreement. The conditions of recruitment and management of the client are essential and we see that the parties to the agreement of agencies and agents take a much more personalized approach.
Depending on the experience, success and particular abilities of an agent, the parties will want to address these issues with regard to: as with any contract, it is important that the parties carefully think about the duration they want and the duration of the contractual relationship. This is especially important when you`re contracting with a new agent or agency company. This is the first preview article in a series focused on the football agency 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 both controversial and non-controversial contexts. Alternatively, either party may prefer the flexibility of a rolling agreement. This allows for greater freedom to end the relationship, usually with set notice. However, agents will generally be cautious prior to this type of relationship if the agent is required to assign existing representational contractual relationships with players/athletes to the Agency or to terminate and establish a new direct relationship between the players/athletes and the Agency. If a continuous duration is preferred by the parties, clear rules of termination and post-termination are indispensable to treat these players/athletes.