Chapter 10: Representing Players and Teams - Essay Example

The focus of this paper is to discuss the various legal and regulatory mechanisms that govern the agent-athlete relationship. Like any other business, people in sports must understand legal and basic nature of their relationship with the client. According to Mitten, Davis, & Shropshire (2013), the relationship between the agent and the athlete should be fiduciary and grounded on a contract. The agent has to understand that on behalf of the principle, he has been authorized to contract with one or more third parties.

The implication here is that the agent has to understand that the relationship between them and the athletes are basically consensual with their definitions available in the contract and the nature of the relationship’s fiduciary attributes. Through this contract, the agent is therefore expected to show undivided loyalty and only engaging in actions of good faith always (LaWriter Ohio Laws and Rules, 2001). Through the signed contract the agent has the rights to demand payment from the athlete in the event that the athlete does not perform as expected.

The contract is a good ground for the agent to prove that it is not them who failed to have athlete perform but the athlete who is to take blame for underperformance and pay for the agent’s service (LaWriter Ohio Laws and Rules, 2001). Additionally, the presence of a contract governs the athlete against financial improprieties. Improprieties occur when the agent ends up misappropriating the athlete’s funds for personal use. The athlete can then use available legal theories to regain their money.

Since the relationship between agent and athlete involves interactions with third parties, the agent has to ensure that the contract negotiated with the third party and the athlete is legally binding (Barnett, 2010). Additionally, the agent has to understand that they are not parties to contract signed between the third