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. As with any contract, it is important that the parties think carefully about the duration and duration of the contractual relationship. This is especially important when you`re contracting with a new agent or agency company. In our experience, most agencies would prefer their agents to be exclusively in charge of them in order to maximize the business relationships and opportunities available to the agent. However, as we see the global agency market becoming more accessible, agencies hire agents in foreign jurisdictions and do so on tailor-made terms. This type of relationship can benefit from a more demanding and/or relaxed approach to exclusivity. In recent months, we have seen a marked increase in the scope of our instructions on contractual relations between sports agencies and agents (or “intermediaries” in the world of football). Our clients of the sports agency are increasingly looking for specific and tailor-made contractual conditions with their agents, often different from one agent to another. Perhaps these are controversial experiments with outgoing agencies and agents, or perhaps it is a further sign of the growing commercialization and refinement of the sports rights market. If the agency contract is not exclusive, the agreement must clearly indicate 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. A fixed duration has the advantage of security. Both parties know when the agreement expires and there is some comfort in the relationship continuing for the set period. This certainty can be helpful in establishing a new relationship, and if you also want to bring the agent`s existing clients under your agency roof, it can offer the security of fostering onboarding.

Agencies may try to adapt the duration of the agent`s contract to that of certain existing contractual conditions of representation (or to ensure that the expiry date of some of the agent`s existing replacement contracts takes place during the term of the agent`s or agency`s contract). . . .