The Contract of Representation, also called Representation Agreement, is the only legally enforceable document that enables you to authorize someone – called your agent or representative – to assist you or to act on your behalf to cover routine financial affairs, legal matters and business agreements, being you an athlete, a football player, actor, singer or a professional of any other activity.
You must be an adult to make a Representation Agreement.
Generally, the more complex the purpose of the contract, the greater the likelihood uncertainties will arise during the contract negotiation process.
Further, many agents not conversed with the complexity of legal vocabulary fail to appreciate the legal differences between covenants, representations and warranties, terms that are “standard” in many contracts. Some even believe these terms are synonymous and thus use them interchangeably.
Well, they are not, as you can see from the chart below:
– Representations are statements of past or present fact or circumstance.
– Warranties are statements or promise of current and future condition
– Covenants are promises of future action or inaction.
Understanding these differences, and properly using these terms in contracts, can be critically important to ensure that you are entering into a contract relying on the right statements and promises, and establishing the right remedies, in the event a statement or promise turns out to be untrue or incorrect.
Furthermore, it is not uncommon for players to have multiple representatives in different earning spheres, such as an agent who works on the player-contract and an agent who handles marketing.
These exclusivity rights must also be accurately stated in the contract to avoid any confusion as to what responsibilities each agent has and what should he be paid for.
Exclusivity may as well be considered with respect to location. For instance, a player from Spain may wish to have three agents: one to handle his player-contracts globally; one to handle his marketing in the US, and one to handle his marketing in Asia.
Our Lawyers will always seek to resolve these uncertainties during the negotiation process, delineating clearly the rights and obligations of all contracting parts, the scope of the representation, the services to be provided by each agent, the fees agreed, the payment schedule and how disputes must be handled.
The relationship between a player and an agent is usually built on trust, and no agent wants to start that relationship off poorly by engaging in a contentious negotiation over the terms of his Contract of Representation.
Unfortunately, contracts negotiated and signed without proper professional legal advice are not always drafted in such a way as to resolve the discrepancies that might arise in a relationship.
Disputes might develop because of a misunderstanding or because one side believes it is no longer in its best interest to honor the terms of the contract. At this juncture, the parts to the contract either negotiate or litigate the terms previously agreed.
QUABBALA Limited is a growing Law firm with offices across the world dedicated to protecting our clients’ best interests with highly skilled and knowledgeable counsel, expert advocacy and cost-effective representation.