Athlete Representation Agreement

ATHLETE REPRESENTATION AGREEMENT

This Athlete Representation Agreement ("Agreement") is entered into as of [__/__/____] ("Effective Date"), by and between:

ATHLETE:
Name: [________________________________]
Professional Name (if different): [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Date of Birth: [__/__/____]
Social Security Number (last 4 digits): [____]

("Athlete")

AND

AGENT/AGENCY:
Name/Company: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]
State Registration Number(s): [________________________________]

("Agent")

RECITALS

WHEREAS, Athlete is a professional or aspiring professional athlete in the sport of [________________________________]; and

WHEREAS, Agent is duly licensed and registered to act as a sports agent in applicable jurisdictions; and

WHEREAS, Athlete desires to engage Agent to represent Athlete in negotiating and securing professional athletic opportunities; and

WHEREAS, Agent desires to represent Athlete subject to the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1: APPOINTMENT AND AUTHORITY

1.1 Appointment

Athlete hereby appoints Agent as Athlete's:
☐ Exclusive representative
☐ Non-exclusive representative

for the purposes set forth in this Agreement.

1.2 Scope of Representation

Agent is authorized to represent Athlete in the following matters:

☐ Professional team contract negotiations
☐ Endorsement and sponsorship agreements
☐ Appearance fees and personal appearances
☐ Marketing and promotional opportunities
☐ Licensing of name, image, and likeness
☐ Media and public relations matters
☐ Financial planning referrals
☐ Legal counsel referrals
☐ Other: [________________________________]

1.3 Geographic Scope

This Agreement applies to representation in the following territories:
☐ United States only
☐ North America
☐ Worldwide
☐ Specific territories: [________________________________]

1.4 Agent Authority

Agent is authorized to:

a) Negotiate on behalf of Athlete with teams, leagues, sponsors, and other parties
b) Solicit and receive offers on behalf of Athlete
c) Make recommendations regarding professional opportunities
d) Communicate with media on behalf of Athlete (with prior approval)
e) Coordinate with Athlete's other professional advisors

Agent is NOT authorized to:

a) Accept or reject any offer without Athlete's express written consent
b) Sign any contract on behalf of Athlete without written power of attorney
c) Manage or control Athlete's finances
d) Make personal decisions on behalf of Athlete

ARTICLE 2: TERM AND TERMINATION

2.1 Initial Term

This Agreement shall commence on the Effective Date and continue for a period of:
☐ One (1) year
☐ Two (2) years
☐ Three (3) years
☐ Other: [________________________________]

unless earlier terminated as provided herein.

2.2 Renewal

☐ This Agreement shall automatically renew for successive [____]-month periods unless either party provides written notice of non-renewal at least [____] days prior to the expiration of the then-current term.

☐ This Agreement shall NOT automatically renew. Any renewal must be in writing signed by both parties.

2.3 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party:

a) Materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after written notice
b) Engages in fraud, dishonesty, or gross misconduct
c) Becomes subject to bankruptcy or insolvency proceedings
d) Loses any required license or registration to act as a sports agent
e) Is suspended or barred by any players association or league

2.4 Termination Without Cause

☐ Either party may terminate this Agreement without cause upon [____] days' written notice.

☐ Athlete may terminate this Agreement without cause at any time upon [____] days' written notice.

2.5 Effect of Termination

Upon termination:

a) Agent shall provide Athlete with all documents, records, and materials related to Athlete's representation within [____] days
b) Agent shall continue to be entitled to commissions on contracts negotiated or substantially negotiated prior to termination, as set forth in Article 3
c) Both parties shall continue to be bound by confidentiality obligations
d) Agent shall cooperate in the transition to any successor representative

ARTICLE 3: COMPENSATION

3.1 Commission Structure

A. Playing Contracts:
Agent shall receive a commission of [____]% of Athlete's gross compensation under any playing contract negotiated by Agent.

Note: Many players associations cap agent fees. NFL: 3%; NBA: 4%; MLB: 5%; NHL: 3-5%

B. Endorsement and Marketing Contracts:
Agent shall receive a commission of [____]% of Athlete's gross compensation under any endorsement, sponsorship, licensing, or marketing agreement negotiated by Agent.

C. Appearance Fees:
Agent shall receive a commission of [____]% of Athlete's gross compensation for personal appearances arranged by Agent.

D. Other Income:
Agent shall receive a commission of [____]% of the following additional income sources:
[________________________________]

3.2 Commission Calculation

Commissions shall be calculated on:

☐ Gross compensation before taxes and deductions
☐ Net compensation after specified deductions: [________________________________]

3.3 Payment of Commissions

Commissions shall be payable:

☐ Within [____] days after Athlete receives payment
☐ Directly from the payor to Agent (if agreed by payor)
☐ Other arrangement: [________________________________]

3.4 Post-Termination Commissions

Following termination of this Agreement:

a) Agent shall continue to receive full commission on contracts executed prior to termination for the duration of such contracts
b) Agent shall receive [____]% of the original commission rate on any contract substantially negotiated by Agent but executed within [____] days after termination
c) Agent shall not be entitled to commissions on contracts negotiated entirely by a successor agent

3.5 Expenses

☐ Agent shall be responsible for all ordinary business expenses incurred in representing Athlete.

☐ Athlete shall reimburse Agent for the following pre-approved expenses:
[________________________________]

Maximum monthly expense reimbursement: $[________________________________]

ARTICLE 4: AGENT DUTIES AND RESPONSIBILITIES

4.1 Fiduciary Duty

Agent acknowledges that Agent owes a fiduciary duty to Athlete and agrees to:

a) Act in good faith and in Athlete's best interests at all times
b) Maintain the highest standards of professional conduct
c) Avoid conflicts of interest
d) Provide full and accurate disclosure of all material information
e) Exercise reasonable care, skill, and diligence

4.2 Specific Duties

Agent agrees to:

a) Maintain all required state registrations and licenses
b) Comply with all applicable players association regulations
c) Respond to Athlete communications within [____] business days
d) Provide Athlete with copies of all contracts and material documents
e) Keep Athlete informed of all significant developments
f) Never make false or misleading statements on Athlete's behalf
g) Maintain professional liability insurance with minimum coverage of $[________________________________]

4.3 Conflicts of Interest

Agent represents and warrants that Agent:

☐ Does not currently represent any athlete whose interests may conflict with Athlete's interests
☐ Currently represents the following athletes in the same sport/league: [________________________________]

Agent agrees to disclose any potential conflict of interest and obtain Athlete's written consent before undertaking any representation that may create a conflict.

ARTICLE 5: ATHLETE DUTIES AND RESPONSIBILITIES

5.1 Cooperation

Athlete agrees to:

a) Cooperate fully with Agent in connection with Agent's representation
b) Provide Agent with accurate and complete information
c) Respond to Agent communications within [____] business days
d) Attend scheduled meetings and appointments
e) Refrain from negotiating directly with teams or sponsors without Agent's involvement

5.2 Conduct

Athlete agrees to:

a) Maintain good physical condition and fitness for athletic competition
b) Comply with all league rules and team policies
c) Avoid conduct that would materially damage Athlete's marketability
d) Provide reasonable availability for promotional activities

5.3 Exclusive Dealing

If this is an exclusive representation agreement, Athlete agrees not to engage any other person or entity to provide services covered by this Agreement during the term hereof.

ARTICLE 6: REPRESENTATIONS AND WARRANTIES

6.1 Agent Representations

Agent represents and warrants that:

a) Agent is duly registered and licensed as a sports agent in all jurisdictions where registration is required
b) Agent has not been denied certification, suspended, or had certification revoked by any players association
c) Agent has the experience, knowledge, and resources to effectively represent Athlete
d) Agent has disclosed all material information regarding Agent's qualifications and background
e) Agent is not subject to any agreement that would prevent Agent from fully performing under this Agreement

6.2 Athlete Representations

Athlete represents and warrants that:

a) Athlete is not currently bound by any other representation agreement covering the services described herein
b) Athlete has the legal capacity to enter into this Agreement
c) Athlete has disclosed all material information regarding existing contracts and obligations
d) All information provided to Agent is true and accurate

ARTICLE 7: CONFIDENTIALITY

7.1 Confidential Information

Both parties agree to keep confidential:

a) The terms of this Agreement
b) All financial information
c) All contract negotiations and terms
d) Personal and medical information
e) Any other information designated as confidential by either party

7.2 Exceptions

Confidential information may be disclosed:

a) With the prior written consent of the other party
b) As required by law, regulation, or legal process
c) To professional advisors bound by confidentiality obligations
d) As necessary to perform obligations under this Agreement

7.3 Survival

Confidentiality obligations shall survive termination of this Agreement for a period of [____] years.

ARTICLE 8: DISPUTE RESOLUTION

8.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [________________________________].

8.2 Mediation

Any dispute arising out of or relating to this Agreement shall first be submitted to mediation administered by:

☐ JAMS
☐ American Arbitration Association
☐ Applicable Players Association
☐ Other: [________________________________]

8.3 Arbitration

If mediation is unsuccessful, disputes shall be resolved by binding arbitration in accordance with:

☐ The rules of the applicable Players Association
☐ The Commercial Arbitration Rules of the American Arbitration Association
☐ Other: [________________________________]

The arbitration shall be conducted in [________________________________] (city/state).

8.4 Attorneys' Fees

The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.

ARTICLE 9: MISCELLANEOUS PROVISIONS

9.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements.

9.2 Amendments

This Agreement may not be amended except by a written instrument signed by both parties.

9.3 Assignment

Neither party may assign this Agreement without the prior written consent of the other party.

9.4 Notices

All notices shall be in writing and sent to the addresses set forth above, or to such other address as a party may designate in writing.

9.5 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9.6 Waiver

The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right to enforce it at a later time.

9.7 Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original.

ARTICLE 10: REQUIRED DISCLOSURES

10.1 SPARTA Disclosure

Pursuant to the Sports Agent Responsibility and Trust Act (15 U.S.C. § 7801 et seq.), Agent has provided Athlete with all required disclosures, and Athlete acknowledges receipt of such disclosures.

10.2 State-Specific Disclosures

For Student-Athletes:
If you are a student-athlete, signing this contract may cause you to lose your eligibility to compete as a student-athlete. Before signing this Agreement, you should consult with your institution's compliance officer regarding the impact on your eligibility.

State Registration:
Agent registration numbers by state:
[________________________________]
[________________________________]
[________________________________]

SIGNATURES

ATHLETE:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

PARENT/GUARDIAN (if Athlete is a minor):

Signature: ________________________________
Printed Name: [________________________________]
Relationship: [________________________________]
Date: [__/__/____]

AGENT:

Signature: ________________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

EXHIBIT A: AGENT DISCLOSURE DOCUMENT

(Attach state-required disclosure documents and proof of registration)

EXHIBIT B: FEE SCHEDULE

EXHIBIT C: CURRENT ATHLETE CONTRACTS AND OBLIGATIONS

(List all existing contracts, sponsorships, and obligations)

This template complies with the Sports Agent Responsibility and Trust Act (SPARTA) and the Uniform Athlete Agents Act (UAAA). State-specific requirements may vary. Agent must comply with all applicable players association regulations and state registration requirements.