STANDARD REPRESENTATION AGREEMENT
This AGREEMENT made this ____ day of____________________, 200__,
by and between _____________________hereinafter (Player),
_____________________and thereinafter (Contract Advisor)
WITNESSETH:
In consideration of the mutual promises hereinafter made by each
to the other. Player and Contract Advisor agree as follows:
1.
General Principles
This Agreement is entered into pursuant to and in accordance
with the National Football
League Players Association (hereinafter "NFLPA")
Regulations Governing Contract Advisors (hereinafter "the
Regulations") effective December 1, 1994, and as amended
thereafter from time to time.
2.
Representations
Contract Advisor represents that in advance of executing this
Agreement, he/she has been duly certified as a Contract Advisor
by the NFLPA. Player acknowledges that the NFLPA certification
of the Contract Advisor is neither a recommendation of the
Contract Advisor, nor a warranty by NFLPA of the Contract
Advisor's competence,honesty, skills or qualifications.
Contract Advisor hereby discloses that he/she (check one): [
] represents or has represented; [
] does not represent and has not represented NFL
management personnel in matters pertaining to their employment
by or association with any NFL club. (If Contract Advisor
responds in the affirmative. Contract Advisor must attach a
written addendum to this Agreement listing names and positions
of those NFL Personnel represented).
3.
Contract Services
Player hereby retains Contract Advisor to represent, advise,
counsel, and assist Player in the negotiation, execution, and
enforcement of his playing contract(s) in the National Football
League.
In performing these services,
Contract Advisor acknowledges that he/she is acting in a
fiduciary capacity on behalf of Player and agrees to act in
such manner as to protect the best interests of Player and
assure effective representation of Player in individual
contract negotiations with NFL Clubs. Contract Advisor shall
be the exclusive representative for the purpose of
negotiating player contracts for Player. However, Contract
Advisor shall not have the authority to bind or commit
Player to enter into any contract without actual execution
thereof by Player. Once Player agrees to and executes his
player contract, Contract Advisor agrees to also sign the
player contract and send a copy (by facsimile or overnight
mail) to the NFLPA and the NFL Club within 48 hours of
execution by Player. If Player and Contract Advisor have
entered into any other agreements or contracts relating to
services other than the individual negotiating services
described in this Section, describe the nature of the other
services covered by the separate agreements:
4.
Compensation for Services
If Contract Advisor succeeds in negotiating an NFL Player
Contract acceptable to Player and signed by Player during the
term hereof, Contract Advisor shall receive a fee of three
percent (3%) of the compensation received by Player for each
such playing season, unless a lesser percent (%) or amount has
been agreed to by the parties and is noted in the space below.
The parties hereto have agreed to the following lesser fee:
In computing the allowable fee pursuant to this Section 4 the
term "compensation" shall include only base salaries, signing
bonuses, reporting bonuses, roster bonuses and any performance
incentives actually received by Player. The term "compensation"
shall not include any "honor" incentive bonuses (i.e. ALL PRO,
PRO BOWL, Rookie of the Year), or any collectively bargained
benefits.
5.
Payment of Contract Advisor's Fee
Contract Advisor shall not be entitled to receive any fee for
the performance of his/her services pursuant to this Agreement
until Player receives the compensation upon which the fee is
based. However, Player may enter into an agreement with Contract
Advisor to pay any fee attributable to deferred compensation due
and payable to Player in advance of when the deferred
compensation is paid to Player, provided that Player has
performed the services necessary under his contract to entitle
him to the deferred compensation. Such fee shall be reduced to
its present value as specified in the NFLPA Regulations (see
Section 4(b)). Such an agreement must also be in writing, with a
copy sent to the NFLPA.
In no case shall Contract Advisor accept, directly or
indirectly, payment of any fees hereunder from Player's club.
Further, Contract Advisor is prohibited from discussing any
aspect of his/her fee arrangement hereunder with any club.
6.
Expenses
Player shall reimburse Contract Advisor for all reasonable and
necessary communication expenses (i.e., telephone and postage)
actually incurred by Contract Advisor in connection with the
negotiation of Player's NFL contract. Player also shall
reimburse Contract Advisor for all reasonable and necessary
travel expenses actually incurred by Contract Advisor during the
term hereof in the negotiation of Player's NFL contract, but
only if such expenses and approximate amounts thereof are
approved in advance by Player. Player shall promptly pay all
such expenses upon receipt of an itemized, written statement
from Contract Advisor.
After each NFL season and prior to the first day of May
following each season for which Contract Advisor has received
fees and expenses, Contract Advisor must send to Player (with a
copy to the NFLPA) an itemized statement covering the period
March 1 through February 28th or 29th of that year. Such
statement shall set forth both the fees charged to Player for,
and any expenses incurred in connection with, the performance of
the following services: (a) individual player salary
negotiations, (b) management of the player's assets, (c)
financial, investment, legal, tax and/or other advice, and (d)
any other miscellaneous services.
7.
Disclaimer of Liability
Player and Contract Advisor agree that they are not subject to
the control or direction of any other person with respect to the
timing, place, manner or fashion in which individual
negotiations are to be conducted pursuant to this Agreement
(except to the extent that Contract Advisor shall comply with
NFLPA Regulations) and that they will save and hold harmless the
NFLPA, its officers, employees and representatives from any
liability whatsoever with respect to their conduct or activities
relating to or in connection with this Agreement or such
individual negotiations.
8.
Disputes
Any and all disputes between Player and Contract Advisor
involving the meaning, interpretation, application, or
enforcement of this Agreement or the obligations of the parties
under this Agreement shall be resolved exclusively through the
arbitration procedures set forth in Section 5 of the NFLPA
Regulations Governing Contract Advisors.
9. Notices
All notices hereunder shall be effective if sent by certified
mail, postage prepaid to the following addresses. If to the
Contract Advisor:____________________________
If to the
Player:____________________________________________________________
10. Entire Agreement
This Agreement, along with the NFLPA Regulations, sets forth the
entire agreement
between the parties hereto and cannot be amended, modified or
changed orally. Any written amendments or changes shall be
effective only to the extent that they are consistent with the
Standard Representation Agreement as approved by the NFLPA.
11. Filing
This contract is signed in quadruplicate. Contract Advisor
agrees to deliver two (2) copies to the NFLPA within five (5)
days of its execution, one (1) copy to the Player, and retain
one (1) copy for his/her files.
Contract Advisor further agrees to submit any other
executed agreements between Player and Contract Advisor to NFLPA.
12. Term
The term of this Agreement shall begin on the date hereof and
shall continue for the term of any player contract executed
pursuant to this Agreement; provided, however, that either party
may terminate this Agreement effective five (5) days after
written notice of termination is given to the other party.
Notice shall be effective for purposes of this paragraph if sent
by certified mail, postage prepaid, return receipt requested to
the appropriate address contained in this Agreement.
If termination pursuant to the above provision occurs prior to
the completion of negotiations for an NFL player contract(s)
acceptable to Player and signed by Player, Contract Advisor
shall be entitled to compensation for the reasonable value of
the services performed in the attempted negotiation of such
contract(s) provided such services and time spent thereon are
adequately documented by Contract advisor. If termination
pursuant to the above provision occurs after Player has signed
an NFL player contract negotiated by Contract Advisor, Contract
Advisor shall be entitled to the fee prescribed in Section 4
above for negotiation of such contract(s). In the event that
Player is able to renegotiate any contract(s) previously
negotiated by Contract Advisor prior to expiration thereof,
Contract Advisor shall still be entitled to the fee he/she would
have been paid pursuant to Section 4 above as if such original
contracts) had not been renegotiated. If Contract Advisor
represents Player in renegotiation of the original contract(s),
the fee for such renegotiation shall be based solely upon the
amount by which the compensation in the renegotiated contract(s)
exceeds the compensation in the original contract(s), whether or
not Contract Advisor negotiated the original contract(s).
If the Contract Advisor's certification is suspended or revoked
by the NFLPA or the Contract Advisor is otherwise prohibited by
the NFLPA from performing the services he/she has agreed to
perform herein, this Agreement shall automatically terminate,
effective as of the date of such suspension or termination.
13. Governing Law
This Agreement shall be construed, interpreted and enforced
according to the laws of the
State of______________________________.
Contract Advisor and Player recognize that certain state
statutes regulating sports agents require specified language in
the player/agent contract. The parties therefore agree to the
following additional language as required by state statute:
Contract Advisor shall comply with NFLPA Regulations) and that
they will save and hold one (1) copy tor his/her tiles.
Contract Advisor turther agrees to suDmit any other
executed agreements between Player and Contract Advisor to NFLPA.
EXAMINE THIS CONTRACT CAREFULLY BEFORE SIGNING IT IN WITNESS
WHEREOF,
the parties hereto have hereunder signed their names as
hereinafter set forth.
___________________________________________________________________________(CONTRACT ADVISOR)
___________________________________________________________________________(Street Address)
(City, State, Zip Code)
___________________________________________________________________________(Telephone)
(Fax Number)
___________________________________________________________________________(PLAYER)
___________________________________________________________________________(Street or P.O. Box)
(City, State, Zip Code)
___________________________________________________________________________(In-Season Telephone)
(Off-Season Telephone)
___________________________________________________________________________(Player's Birthdate) (College/University)
___________________________________________________________________________
Print Name and Signature of PARENT or GUARDIAN
(if Player is
under 21 Years of Age)
___________________________________________________________________________(Address and Telephone)
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