Conflicts of Interest in a Football Agent Agreement: Dual Representation and Consent
Football agent agreements in Austria: conflicts of interest, dual representation, written consent, fees and key documents explained.
A football agent is expected to protect the interests of the client. If the same agent also advises the club or another party in the same transfer, the relationship requires a closer review. A football agent agreement should therefore do more than state a fee. It should identify each client, describe the services and explain how a potential conflict is handled. This article explains dual representation and the written consent that should be documented before the agent acts for both sides.
The general football agent agreement in Austria provides the broader contractual context. This article addresses the narrower situation in which the interests of a player, an engaging club and a releasing club may diverge.
When a conflict of interest arises
A conflict may arise when an agent acts for several parties in the same transaction. This is common in transfers, contract extensions and negotiations about transfer compensation. The player may seek higher remuneration and flexible terms. The club may seek a longer commitment, predictable costs and conditions that fit its sporting plans.
The label used for the agreement is not decisive. Additional advisory services can also raise conflict questions when they are closely connected to a transaction. The FIFA rules therefore require the services, payments and communications to be assessed together rather than by title alone.
A broad statement that the agent provides “support to all parties” is a warning sign if it does not identify the clients and their consent. It is also important to disclose whether a club will pay a fee on behalf of a player. Payment does not by itself decide whose interests are protected. It is part of the transparency review.
What the representation rules require
Article 12 of the FIFA Football Agent Regulations requires a written Representation Agreement before an agent performs Football Agent Services for a client. The agreement must include the parties, the duration where applicable, the service fee, the services and the signatures. A representation agreement with an individual may not exceed two years. An automatic extension beyond that limit is not valid.
The basic rule is that an agent performs Football Agent Services and Other Services for one party in a transaction. The stated exception permits representation of an Individual and an Engaging Entity in the same transaction. Both clients must give prior explicit written consent.
The rules do not treat representation of a player and a releasing entity as the same permitted exception. The same applies to representation of a releasing entity and an engaging entity in one transaction. The review must therefore identify the role of each party before assessing whether the exception can apply.
Austrian civil law provides an additional framework. A clause must not conflict with mandatory law or public policy. Section 879 of the Austrian Civil Code is therefore relevant, without replacing the examination of the applicable FIFA and Austrian football rules.
Which conflict situation applies to your matter?
The answers identify the main review points. A concrete assessment requires the agreements and communications between the parties.
If you want to describe the matter directly, you can send an enquiry now.
For whom is the agent expected to act?
Choose the situation that best matches the planned or completed transfer.
What the answers mean
The situation initially points to single representation.
Still review the representation agreement, fee arrangement and any additional services for clear roles.
The dual representation requires a detailed agreement review.
The written consent should identify the dual representation, the roles and the fee arrangement.
There is a significant need to clarify the dual representation.
Clarify the roles and obtain the required consent before further statements are made in the transaction.
The available documents do not clearly identify the roles.
Have the agreement, side arrangements and payment process reviewed together.
The situation may conflict with the rules on multiple representation.
Clarify the role of each party before further services are provided or statements are made.
How consent to dual representation is documented
Consent should not be hidden in a general email. It should identify the parties, the transaction and the agent’s role. It should also describe which services are performed for the player and which services are performed for the engaging club.
Consent should exist before the agent begins acting for both sides. A later confirmation does not automatically remove the risks created by earlier work. The representation agreement and the consent should therefore be dated and connected to the same transaction. If the transaction or fee changes, the scope of the consent should be checked again.
Transparency also covers fees. Articles 14 and 15 of the FIFA rules contain provisions on payment and fee caps. The applicable calculation depends on the client, the player’s remuneration and the type of transaction. A percentage stated without checking the applicable rules is not reliable.
Which documents should be reviewed
For a reliable review, provide the complete football agent agreement. Add amendments, powers of attorney, emails and messages about the agent’s role. Where a club is involved, the draft employment agreement and the key transfer terms should also be available.
Payment arrangements and invoices are relevant as well. They may show who bears the economic burden and whether a payment is linked to a particular transaction. Timing matters. An agreement signed before the first contact with a club is assessed differently from an arrangement made after negotiations have already taken place.
Minors are subject to additional rules. Approaching a minor and signing a representation agreement depends on age, the first professional contract and consent by the legal guardian. A minor’s agreement should not simply be copied from an adult template.
Further background is available in the article on sports law in Austria. The conflict review remains separate and depends on the agent’s actual role.
Frequently asked questions about conflicts of interest
Can a football agent represent both a player and the engaging club? This may be possible as the expressly permitted form of dual representation, with prior explicit written consent from both clients.
Can the same agent represent the player and the releasing club? This is not the expressly permitted exception and may conflict with the rules on multiple representation.
Is oral consent enough? A written statement should be available before the agent acts for both sides.
Have the agreement and conflict reviewed
If it is unclear for whom an agent acts or how dual representation was documented, organise the complete file. Mag. Bernhard Brandauer, Rechtsanwalt, reviews the contract structure, consent statements and fee arrangement with you and discusses the next steps.
Contact and first assessment
Mag. Bernhard Brandauer, Rechtsanwalt, reviews the matter and clarifies next steps.