Standard Representation Agreement
This AGREEMENT is entered into to confirm in writing the mutual understanding between,
______, (“Agent Advisor”), who is affiliated with Sport Management Worldwide, Inc., (“SMWW”)and ______(“Athlete”). The parties agree as follows:
Section I-Term of contract
The Term of this agreement shall commence on the date of its execution and shall continue in full forceand effect unless terminated pursuant to Section 6 of this Agreement.
Section II-Services
Athlete agrees to retain Agent Advisor as his or her exclusive representative to provide advisement, counseling and assistance of Athlete in any negotiation, procurement and execution of any Professional Sports contract, marketing contract, endorsement agreement or personal appearance. Agent Advisor shall be Athlete’s sole and exclusive representative in this regard, but shall not have the authority to bind or commit Athlete without Athlete’s prior consent.
Agent Advisor shall provide referrals for supplementary services, including legal and financial planning, at the request of Athlete. Agent Advisor shall not receive any fee, directly or indirectly, for any referral unless approved by the Athlete in writing before the signing of the agreement for the supplementary services. Athlete solely shall be responsible for any fees incurred in any contract for supplementary services.
Section III-Compensation
In the case of event based compensation, the Athlete shall pay SMWW a fee equal to 10% of the earned purse of any professional event procured by SMWW on behalf of the athletes. The Athlete shall pay SMWW a fee equal to 20%of the gross contract price of any marketing contract or endorsement agreement signed by Athlete during the Term. The fee shall remain constant and unaffected by the amount of work put into the procurement of the contract by Agent Advisor. The fee shall be based upon all compensation received by Athlete pursuant to the contract, including but not limited to salary, signing bonuses, incentive and performance clauses and all incentive-based awards for the Athlete’s services. Athlete shall be entitled to a credit on the total fee of any funds received by the Agent Advisor from any company with which a contract has been obtained. Athlete specifically authorizes Agent Advisor to split the earned commission with any other agency that assists in the procurement of a playing contract. Should Athlete refer a marketing or endorsement opportunity for Athlete to Agent Advisor, Agent Advisor shall charge Athlete a fee of only 10% on the transaction. In order to obtain the benefit of the reduced fee,
Athlete must notify Agent Advisor in writing of the opportunity before the Agent Advisor makes enters into any negotiations with the respect to the opportunity.Fees are to be paid to SMWW within 30 days after receipt of any monies by the Athlete pursuant to any contract signed during the term of this contract.
Section IV-Expenses
Athlete also shall reimburse Agent Advisor for all reasonable and necessary travel expenses actually incurred by Agent Advisor during the Term in the negotiation of agreement on behalf of Athlete, but only if the approximate amount of the expenses are approved in advance by Athlete. Athlete shall promptly pay all expenses upon receipt of an itemized, written statement from SMWW. Athlete agrees that Agent Advisor may (but shall not be obligated to) advance costs related to training, travel or other expenses incurred by Athlete in the pursuit of a professional contract. Athlete agrees to reimburse Agent Advisor for any costs advanced by Agent Advisor upon the signing of the professional contract to which the costs relate. Athlete shall be entitled, upon request, to a written summary of any costs advanced by Agent Advisor on behalf of Athlete.
Section V-Exclusive Representation
Agent Advisor shall serve as Athlete’s exclusive representative with respect to negotiation of any and all agreements relating to Athlete’s services and the use of Athlete’s name and likeness. Athlete agrees and authorizes Agent Advisor to be Athlete’s sole representative in contract negotiations with professional sport organizations with respect to Athlete’s services and companies providing marketing and endorsement opportunities with respect to Athlete’s services and the use of Athlete’s name and likeness. Athlete understands that, by entering this exclusive contract, Agent Advisor shall be entitled to a commission on any contract entered into by Athlete, even if the contract is obtained by another agent or directly through Athlete.
Section VI-Termination
Either party may terminate this agreement upon 30 day’s advance written notice sent to the address set forth in this agreement. Notwithstanding the expirations or other termination of this Agreement, Athlete shall remain obliged to pay Agent Advisor compensation as provided under Paragraph 3 for any contract entered into during the Term, even if the compensation is not received by Athlete until after the expiration of the Term. A contract shall be deemed “entered into” during the Term if the Athlete enters into the contract within one year after the expiration of the Term but the essential terms of the contract were procured by Agent Advisor before the expiration of the Term. At the conclusion of the contract, Agent Advisor shall provide to Athlete a written list of all pending negotiations and leads of prospective playing, endorsement and marketing opportunities. Should Athlete sign a contract with any team or company identified by Agent Advisor within six months of the termination of the contract, Athlete shall pay a commission to Agent Advisor a sum equal to 5% of the total contract price. Athlete and Agent Advisor understand that Agent Advisor would be entitled to receive compensation on any contracts identified by Agent Advisor on a quantum meriut basis and Athlete and Agent Advisor agree that, rather than have uncertainty on the amount of Agent Advisor’s commission, Athlete shall pay and Agent Advisor shall accept the commission specified in this paragraph as liquidated damages.
Section VII-Athlete’s Association and Union Contracts
In addition to the terms set forth in this agreement, Athlete agrees to sign the Standard Athlete/Agency Contract prepared by the Athlete’s Association or union governing the sport in which the Athlete participates. Where applicable, the terms of the Standard Athlete/Agency Contract shall supercede any of the terms contained in this agreement.
Section VIII-Notices
All termination notices pursuant to this agreement shall be effective if sent by certified or registered mail, postage prepaid, return receipt requested to the addresses listed in Paragraph 11.
Section IX-Arbitration
The laws of the State of Oregon govern this agreement. Should a dispute occur during the term of this Agreement, both parties agree to binding arbitration in accordance with rules upon which the parties agree at the time the dispute arises, provided, however, that if the parties cannot agree upon rules for the arbitration within 30 days after either party demands arbitration, then the arbitration will take place before the American Arbitration Association in Portland, Oregon, under the rules of the Association then in effect. The costs of the arbitration shall be born equally by the parties. The arbitrators shall have authority to award fees and costs to he prevailing party.
Section X-Representations and Warranties
Athlete warrants and represents that Athlete has no remaining collegiate eligibility, has not signed a contract with another agent and is free to enter into and fully perform the terms and conditions of this Agreement.Agent Advisor hereby warrants that he/she/it is licensed properly and registered to carry out the obligations and perform the services set forth in this agreement.
Section XI-Entire Agreement
This agreement sets forth the entire agreement between the parties, and replaces or supersedes all other agreements, oral or written, related to its subject matter.The undersigned have executed this Agreement as of this DAY of , 20 , each party warranting that the party has read the agreement and has had the opportunity to obtain independent advise with respect to its terms and the advisability of signing the agreement.
Sports Management Worldwide
1100 NW Glisan, Suite 2B
Portland, OR97209
Disclosure:
Dr. Lynn Lashbrook, President of SMWW, will serve as ______(athlete) contract advisor. This section serves as disclosure of payments for assistance in recruiting ______(athlete). ______(agent advisor) will act as player's agent for all matters in a co-representation capacity with Dr. Lynn Lashbrook.
Examine This Contract Carefully Before Signing It
WARNING TO STUDENT-ATHLETE: IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
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(Agent Advisor Signature)
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(Street Address) (City, State, Zip)
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(Telephone) (Fax Number)
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(Athlete Signature)
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(Street Address)(City, State, Zip)
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(In-Season Telephone) (Off-Season Telephone)
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(Athlete’s Birthdate) (College/University)
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Print Name of PARENT or GUARDIAN (if Athlete is under 21 Years of Age)
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Signature of PARENT or GUARDIAN (if Athlete is under 21 Years of Age)
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Address and Telephone