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Contracts for agent-player relationships

Action from Sale Sharks against London Irish in the 2009 Guinness Premiership

Photo: Getty Images

Registered agents must use either: (i) the RFU’s model agent contract (MS Word 52kB); or (ii) an alternative contract that complies with RFU Regulation 8 and IRB Regulation 5 for all representation agreements between players and registered agents and contains the following provisions:

  1. The agent is a licensed registered agent with the RFU and acts as an employment agent in an applicable transaction
  2. The agent agrees to act as the player’s agent in order to represent the player’s interest in any transaction
  3. The agent will not enter into any contract on behalf of the player or bind the player in any way without first obtaining the player’s approval (preferably written) of the terms of such contract or other binding arrangement
  4. The agent must disclose in writing to the player any relevant formal or informal relationships the agent may have or have had with any other party to a transaction within 14 days of the agent becoming aware of any such relationship
  5. The agreement must be for a fixed term if a maximum of 2 years and there should be no automatic roll-over or renewal provision
  6. The agent agrees to comply with the generally recognised and accepted standards for the provision of professional sports management services, acting with due care, skill and diligence, and at all time with good faith and in the best interests of the player
  7. The agents agrees to comply in all respects with the RFU’s rules, regulations and IRB regulations and byelaws as amended from time to time and all applicable laws and regulations
  8. Either before or at the time of confirming any offer of employment to the player, the agent will supply the player with the information listed below and ensure that this information is set out in the player’s employment contract:
    • the date on which employment would begin
    • the duration or likely duration of employment
    • the termination or reduction of earnings provisions relating to incapacity through injury and illness
    • any expenses payable by or to the player
    • the minimum rate of remuneration and any other benefits which the club would offer, and the intervals at which the clayer would be paid
    • The length of notice which the player would be required to give, and entitled to receive in order to terminate the employment
    • Any material provisions in the contract which could adversely impact on the player
  9. The agent will (without liability for the quality of any third party services accessed and arranged) advise the player to obtain independent advice prior to execution of any agreement
  10. The agent agrees:
    • to keep the player fully informed and regularly report (in writing if requested) in relation to any activities carried out by the agent on the player’s behalf, including providing full details of any negotiations carried out; and meeting with the player personally on a regular basis as may be reasonably requested by the player
    • to maintain confidentiality in relation to the player’s personal and business affairs
    • to remain registered with the RFU
    • to maintain appropriate professional indemnity insurance against liability arising under or connected with the performance of the agreement
    • to keep appropriate and adequate professional accounts relating to the performance of the agreement, and to allow the player or the player’s representatives to inspect such accounts and relevant records from time to time on reasonable notice
  11. The agreement may only be assigned or transferred with the player’s consent
 

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