Helpful Tips Regarding Agents

Transcription

1 Helpful Tips Regarding Agents Below is important information about agents and the agent selection process. The information is only a summary, therefore, if you have questions about the below information or the agent selection process, then contact the head coach or the UW-Madison Compliance office. Keep in mind that it is your athletic eligibility that is at stake, so make smart decisions and stay informed to protect your eligibility. You will lose your eligibility if: 1. You agree orally or in writing to be represented by an agent or any individual acting on behalf of the agent [e.g., runner]. 2. You (or any of your relatives or friends) accept any benefits from an agent, a prospective agent or any individual acting on behalf of the agent [e.g., runner]. 3. You tryout with a professional team during the academic year and miss class. 4. You participate in a tryout with an NFL team that lasts longer than 48 hours, which you have not personally financed. 5. You enter the draft AND do NOT declare your intention to resume intercollegiate participation within 72-hours following the NFL draft declaration date. Your declaration of intent shall be in writing to University of Wisconsin Athletic Director Barry Alvarez. What is an agent according to NCAA rules? An individual would be considered an agent if the individual markets your football skills to any NFL team or other professional teams (e.g., contact NFL teams to discuss your skills, set up tryouts with NFL teams). Am I allowed to have any type of agreement with an agent? NO! You are not permitted to have a written or oral agreement with an agent, or anyone who is employed by or acting on behalf of an agent or sports agency (i.e., runner ). What is an agency contract? Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional-sports-services contract or an endorsement contract.

2 What is an oral agreement with an agent? An oral agreement occurs if you verbally agree to have an agent perform any services (e.g., providing any expenses related to tryouts, arranging disability insurance, etc.) on your behalf OR you have knowledge that an agent is performing such services. Is an agent allowed to contact teams on my behalf to arrange private workouts or tryouts? NO! You cannot have an agent arrange a private workout/tryout with an NFL team. Can my family members or other individuals who are associated with me as a result of playing football (e.g., high school coach, summer football coach, ect.) have an agreement with an agent to perform services on my behalf? NO! Family members and other individuals are not permitted to enter into any agreements with an agent on your behalf. Am I allowed to have an agreement with an agent if it is for future representation? NO! You, your family, or your friends are not permitted to receive any benefits from an agent. Is an agent allowed to provide me with any benefits? NO! You, your family, or your friends are not permitted to receive any benefits from an agent. Examples of material benefits include money, transportation, dinner, clothes, cell phones, jewelry, etc. However, benefits may also include, but are not limited to, activities such as tryout arrangements with a professional team and coordinating tryout schedules. May a sports agent or booster play a role in securing a loan to pay for disability insurance? NO! Do not allow a third party (including a sports agent or a booster) to be involved in any arrangement for securing a loan to pay for disability insurance. However, an institution's president or chancellor (or his or her designated representative from outside the department of athletics) may designate an institutional staff member (or staff members) (e.g., professional sports counseling panel) to assist you with arrangements for securing the loan and insurance. Can an institution cancel my athletics scholarship if I have an agreement with an agent? YES! An institution is permitted to rescind your athletics scholarship if you have an agreement with an agent. Am I permitted to have an advisor during this process? YES, provided the advisor does not market you to NFL teams. However, an advisor will be considered an agent if they contact teams on your behalf to arrange private workouts or tryouts, or get paid.

3 What is the National Football League Players Association (NFLPA) rule regarding agent contact? An NFLPA certified agent, or any representative or person affiliated with an NFLPA certified agent, including runners /recruiters, financial advisors and marketing representatives is prohibited from speaking to individual prospective players or presenting to groups of prospective players who are ineligible for the NFL draft. Only those student-athletes who graduated from high school three years ago are draft eligible. What will happen to me if an agent contacts me in violation of the NFLPA rule regarding agent contact? Under the NFLPA rule, an agent is not allowed to contact prospective players that are ineligible for the NFL Draft. However, the NCAA does not prohibit this contact, and a student-athlete would not be punished for communicating with an agent while ineligible for the draft, as long as the student-athlete, and his family and friends, do not have an agreement for representation with the agent, and do not receive any benefits from that agent or any of his representatives. Is it permissible for me, my parents, and family members to communicate with an agent or individual employed/associated with an agent? YES, NCAA rules do not prohibit written or oral communications with an agent or a person who is associated with an agent. However, keep in mind that it is impermissible for you, your relatives, or your friends to enter into any agreement or to accept anything of value from an agent or any individual employed/associated with an agent. Additional Information Information about agent selection, NCAA rules regarding agents, and other helpful eligibility information is available on the NCAA website.

4 Questions to Ask Prospective Agents Note: When you use this questionnaire to interview agents other than at agent day functions, the first question you should ask is "Where are you registered?" 1. Where and when did you graduate from law school? 2. If you are not a lawyer, what are your educational credentials? 3. Have you ever been disbarred, suspended, reprimanded, censured or otherwise disciplined or disqualified as an attorney or as a member of any other profession? 4. Are there currently any complaints or charges pending against you regarding your conduct as an attorney or as a member of any other profession? 5. Have you ever been implicated or investigated for any violations of NCAA or professional league rules? 6. Are you an NFLPA certified contract advisor? 7. Did you take the NFLPA Collective Bargaining Agreement Test? What was your score? If you did not take the test, why not? 8. Do you have ownership interests in your company? (Are you a firm or agency partner or strictly an employee?) 9. Can you supply me with a list of current and former clients? 10. What services do you offer to your clients other than contract negotiations (financial planning, tax advice, etc.)? Do you mind if I use my own accountant or financial planner? 11. Who will be negotiating my contract? 12. How many clients have you lost, what was the reason for their departure? Can you provide me with a list of their phone numbers?

5 13. Who do you consider to be your top clients? 14. What have you done to advance the careers of your clients on and off the field? 15. Do you provide an annual statement to your clients? May I see an example? 16. How do you keep your clients informed of charges? 17. What is your fee structure? Are your fees negotiable? 18. How and when are you to be paid? 19. What is the duration of the agreement? 20. What are the procedures for terminating the agreement? 21. What happens to our agreement if I fail to make the team; if I am waived; or if I get injured? 22. If I am likely to be a free agent, how can you help maximize my chances of making a team? 23. Do you have any connections with NFL Europe, the CFL, or the Arena Football League? 24. Have you ever had a dispute with a client and if so, how was it resolved?