Firth Johnston Martinez

NFLPA SRA
(Example)

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)