WHEREAS the Canadian Football League Player’s Association has determined that it is in the best interests of all Players in the Canadian Football League to implement regulations governing the conduct of Contract Advisors in order to maintain the highest possible degree of integrity and the most effective representation of the Players in the Canadian Football League;
AND WHEREAS the Canadian Football League Players’ Association has determined it is in the best interests of all Players in the Canadian Football League to maintain a list of Contract Advisors who have voluntarily agreed in writing to be bound by regulations governing their conduct as Contract Advisors;
NOW THEREFORE the Canadian Football League Players’ Association Board of Representatives hereby approves the following regulations, which shall be required to be agreed upon as aforesaid by any Contract Advisor registered with the Canadian Football League Players’ Association:
ARTICLE I – DEFINITIONS
1. In these regulations the following words shall have the following meaning:
a) C.F.L.P.A. shall mean the Canadian Football League Players’ Association;
b) C.F.L. shall mean the Canadian Football League;
c) Member Club shall mean a Member Club in the Canadian Football League;
d) Player shall mean any Player who is negotiating or has someone negotiating on his behalf with a Member Club in the Canadian Football League;
e) Collective Bargaining Agreement shall mean that Collective Bargaining Agreement made between the C.F.L.P.A. and the Member Clubs in the C.F.L. and the C.F.L.;
f) Standard Player Contract shall mean the Standard Player Contract in effect and in accordance with the terms of the Collective Bargaining Agreement;
g) Contract Advisor shall mean any person whether individually or through a firm or corporation who provides services that include the following:
i) Negotiating compensation and other benefits for a Player in individual contract negotiation with a Member Club;
ii) Negotiating and drafting of special provisions which are inserted into the Standard Player Contract to be signed by a Player;
iii) The giving advice, counsel and information to a Player in the context of negotiating with or preparing for negotiations with a Member Club or in enforcement of a contract which the Contract Advisor negotiates.
iv) The handling of Player funds paid to or on behalf of a Player as compensation for playing services with a Member Club.
v) Any other activity or conduct, which directly bears upon the Contract Advisor’s integrity, competence or ability to properly represent a Player in individual contract negotiations.
ARTICLE II – REGISTRATION WITH THE C.F.L.P.A. AS A CONTRACT ADVISOR
1. Any person desiring to obtain registration with the C.F.L.P.A. as a Contract Advisor must file an application for registration in the form attached hereto and marked as Appendix “A”, and must pay to the C.F.L.P.A. the registration fee for Contract Advisors as determined from time to time by the C.F.L.P.A.
2. Registration with the C.F.L.P.A. as a Contract Advisor shall be granted in accordance with these regulations only to individual persons and not to any firm, company, corporation or other entity.
3. Upon the filing of an application for registration with the C.F.L.P.A. as a Contract Advisor, the Applicant shall be deemed to have agreed that he or she will be bound by and shall conform with these regulations and shall not evade, violate, or circumvent either directly or indirectly these regulations.
4. Any registration with the C.F.L.P.A. as a Contract Advisor may be revoked if:
a) It is discovered that the application contains any false or misleading statement of a material nature; or
b) The Contract Advisor fails to pay to the C.F.L.P.A. the registration fee or the annual fee assessed for Contract Advisors; or
c) The Contract Advisor handles or manages Player’s funds when he is not bonded or does not have insurance or assurance to protect the player for the full amount of funds being handled or managed.
5. Within 60 days of the filing of the application for registration, the C.F.L.P.A. shall determine whether registration shall be granted to the Applicant.
6. Grounds for denial of registration with the C.F.L.P.A. as a Contract Advisor shall include, but not be limited to, the following:
a) Failure on the part of the Applicant to pay to the C.F.L.P.A. the registration fee or the annual fee assessed for Contract Advisors; or
b) Prior conduct of the Applicant involving fraud, misrepresentation, embezzlement, misappropriation of funds or theft; or
c) Making false or misleading statements of a material nature in the application for registration; or
d) Any other conduct which adversely effects the competence, credibility or integrity of the Applicant in serving as a Contract Advisor; or
e) Handling or management of Player’s funds when not bonded or when there is no insurance or assurance fund to protect such funds being handled or managed to their full amount.
7. In the event that an application is denied by the C.F.L.P.A. pursuant to this Article, the Applicant may appeal such decision to the Arbitrator appointed pursuant to Article VI of these regulations.
8. Upon approval of the Applicant’s application for registration with the C.F.L.P.A. as a Contract Advisor, the Contract Advisor shall receive a written certification in the form attached hereto and marked as Appendix “B”.
9. A Contract Advisor registered with the C.F.L.P.A. shall be provided with the following:
a) A copy of the Collective Bargaining Agreement;
b) A copy of the C.F.L.P.A. booklet — “Negotiation of Your Contract”;
c) A membership booklet;
d) A copy of the salary survey;
e) C.F.L.P.A. newsletters and communiques printed after registration.
10. A Contract Advisor registered with the C.F.L.P.A. shall pay to the C.F.L.P.A. the annual fee assessed for Contract Advisors commencing on the first anniversary date following registration and thereafter on each anniversary the Contract Advisor continues to be registered with the C.F.L.P.A.
11. Registration with the C.F.L.P.A. as a Contract Advisor shall not be considered in any way as conferring liability upon the C.F.L.P.A. or its’ Board of Representatives as individuals or as a Board or its’ Board of Directors as individuals or as a Board for any act or conduct of the person registered whether or not such act or conduct fall within the activities governed by these regulations.
ARTICLE III – CONTRACT ADVISOR’S COMPENSATION
1. All fees paid to the Contract Advisor shall be based upon services actually provided and shall be reasonable and may be subject to review and adjustment by the C.F.L.P.A.
2. All agreements between a Contract Advisor and a Player shall be in writing and shall set out precisely the services to be provided and the fee to be charged for such services.
3. All agreements between a Contract Advisor and a Player which are not in writing or which are not in compliance with these regulations shall be of no force and effect as between a Player and a Contract Advisor.
4. When a Contract Advisor charges a fee based upon the amount of compensation payable or a percentage of the Player’s contract, the maximum fee which may be charged or collected by a Contract Advisor for the negotiation of a contract or contracts for a Player shall be as follows:
a) First year contract – a fee of no more than 7 percent of the compensation received by the Player in excess of the minimum salary applicable to the Player’s years of service category for his services in the first year of the contract.
b) Second year contract – a fee of no more than 4 percent of the compensation received by the Player in excess of the minimum salary applicable to the Player’s years of service category for his services in the second year of the contract.
c) Third year contract – a fee of no more than 2 percent of the compensation received by the Player in excess of the minimum salary applicable to the Player’s years of service category for his services in the third year of the contract.
5. The term compensation in this article shall be deemed to include only salary, signing bonus or reporting bonus payments received by the Player and attributable to the base year of the contract and without restricting the generality of the foregoing, compensation shall not include any incentive or performance bonuses, any benefits which are contained in the Collective Bargaining Agreement and any benefit received by a Player for his services in his option year.
6. A Contract Advisor shall not receive any payment of fee based upon compensation payable to a Player until such compensation is actually paid to and received by the Player.
7. A Contract Advisor may charge a fee based upon an hourly rate for services rendered, provided however, the hourly rate must be communicated in writing to the Player and the Contract Advisor must inform the Player in writing prior to commencement of work the maximum fee to be charged.
ARTICLE IV – CODE OF CONDUCT FOR CONTRACT ADVISORS
1. A Contract Advisor shall disclose upon request to the C.F.L.P.A. and/or to a Player all information relevant to his or her qualifications to service as a Contract Advisor including educational background, special training experience in negotiations, past and present representation of professional athletes and relevant business associations or memberships in professional organizations.
2. A Contract Advisor shall assure the most effective representation possible on behalf of a Player in individual contract negotiations with a Member Club.
3. A Contract Advisor shall avoid any conflict of interest, which could potentially compromise the best interest of the Player or the C.F.L.P.A. 4. A Contract Advisor shall maintain the highest degree of integrity and competence in Player negotiations with a Member Club.
5. A Contract Advisor shall become and remain sufficiently educated in areas of the structure of the C.F.L., economics in the C.F.L., applicable Collective Bargaining Agreement and other governing documents, basic negotiating techniques and developments in sports law and related subjects.
6. A Contract Advisor shall fully comply with all Provincial and Federal laws of Canada whether or not the serve is provided within or outside of the Dominion of Canada.
7. A Contract Advisor shall comply with all of these regulations and amendments hereto.
8. A Contract Advisor is prohibited from holding either directly or indirectly a position as employee, officer or director with any Member Club or with any person or corporation making application to become a Member Club.
9. A Contract Advisor is prohibited from failing to disclose in writing to the Player prior to accepting representation of such Player, the names and current positions of any C.F.L. management personnel and coaching personnel who he or she has represented or is representing in any matters pertaining to their employment by or in association with any Member Club.
10. A Contract Advisor is prohibited from engaging in any other activity, which creates an actual or potential conflict of interest with the effective representation of a Player.
11. A Contract Advisor is prohibited from negotiating and/or agreeing to any provision in a Standard Player Contract which directly or indirectly violates or jeopardizes any benefit contained in the Collective Bargaining Agreement or other provisions and any applicable documents which are designed to protect the working conditions of Players in the C.F.L.
12. A Contract Advisor is prohibited from negotiating and/or agreeing to any provision in a Standard Player Contract which directly or indirectly violates any stated policy, rules or requirements established by the C.F.L.P.A.
13. A Contract Advisor is prohibited from failing to keep the C.F.L.P.A. informed on a periodic basis of the developments and negotiations with Member Clubs involving individual Players or concealing material facts from the C.F.L.P.A. or the Player involved which relate to the subject of the individual negotiations in question or failing to report to the C.F.L.P.A. any known violations by a Member Club of a Player’s individual contract or a Player’s rights under other applicable documents.
14. A Contract Advisor is prohibited from engaging in unlawful conduct and/or conduct involving material dishonesty, fraud, deceit, misrepresentation or other conduct which reflects adversely on his or her fitness as a Contract Advisor or jeopardizes the effective representation of Players.
15. A Contract Advisor is prohibited from providing or offering to provide anything of significant value to a Player in order to become a Contract Advisor for such a player.
16. A Contract Advisor is prohibited from providing or offering to provide anything of significant value to any other person in return for a personal recommendation of the Contract Advisor’s selection by a player.
17. A Contract Advisor is prohibited from providing materially false or misleading information to any person in the context of solicitation for selection as the Contract Advisor for any Player.
18. A Contract Advisor is prohibited from using titles or business names, which imply the existence of professional credentials, which he or she does not actually possess.
19. A Contract Advisor is prohibited from soliciting or accepting anything of value from any Member Club or other C.F.L. management personnel for his or her personal use or benefit.
20. A Contract Advisor is prohibited from handling or managing a Player’s funds unless the said Contract Advisor is bonded in an amount equivalent to or has insurance or assurance in an amount equivalent to those funds being managed or handled on behalf of the Player.
ARTICLE V – BREACH OF REGULATION BY A CONTRACT ADVISOR
1. Disciplinary Committee
The President of the C.F.L.P.A. shall appoint a three person Disciplinary Committee which shall be charged with the responsibility of initiating disciplinary procedures against a Contract Advisor registered with the C.F.L.P.A. who is alleged to have violated these regulations. The Disciplinary Committee shall consist of active or retired C.F.L. Players chosen at the discretion of the President of the C.F.L.P.A. The Legal Counsel of the C.F.L.P.A. shall serve as a Non-Voting Advisor to the Disciplinary Committee.
2. Filing of Complaint
Disciplinary proceedings against any Contract Advisor registered with the C.F.L.P.A. shall be initiated by the filing of a written complaint against the Contract Advisor by the Disciplinary Committee. Such complaints shall be based upon verified information received by the Disciplinary Committee from any person having knowledge of the action or conduct of the Contract Advisor in question including Players, other Contract Advisors, C.F.L.P.A. staff or other persons associated with professional football. The complaint shall be sent to the Contract Advisor by single-registered mail addressed to the Contract Advisor’s business office or may be personally served upon the Contract Advisor. The complaint shall set out the specific description of the action or conduct giving rise to the complaint and shall make reference to the regulations alleged to have been violated. A complaint must be filed by the Disciplinary Committee within one year from the date of the occurrence of the facts which give rise to the complaint or within one year from the date on which the facts became known to the Disciplinary Committee whichever is the later.
The Contract Advisor against whom the complaint has been filed shall within twenty (20) days of date of service file a written answer to the complaint. Such answer shall be served by single-registered mail to the offices of the C.F.L.P.A. or personally delivered to the offices of the C.F.L.P.A. with a copy to the offices of the Legal Counsel of the C.F.L.P.A. The answer must set out the full answer and defense and must contain admissions or denials as to facts alleged in the complaint and shall also assert any facts or arguments, which the Contract Advisor wishes to state in his or her defense.
4. Within thirty (30) days after receipt of the answer the Disciplinary Committee shall inform the Contract Advisor of their findings with respect to whether a regulation contained herein has been breached and in the event that there has been breach of a regulation as to the nature of the discipline, if any, which the Committee intends to impose. The discipline, which may be imposed, may include one or more of the following:
a) The issuance by the Disciplinary Committee of an informal order of reprimand to be retained in the Contract Advisor’s file at the C.F.L.P.A. offices.
b) The issuance of a formal letter of reprimand which may be made public through any C.F.L.P.A. publication.
c) A fine of not more than $5,000.00 (payable to a designated charity) and/or payment of a specific sum to any Player represented by the Contract Advisor in an amount equal to any loss sustained by such Player as a result of the Contract Advisor’s action found to be in violation of these regulations and in the alternative, upon failure to pay the fine or payment of a specified sum, revocation of the Contract Advisor’s registration with the C.F.L.P.A.
d) Suspension for a time certain of the registration of the Contract Advisor with the C.F.L.P.A.
e) Revocation of the Contract Advisor’s registration with the C.F.L.P.A.
A Contract Advisor who has disciplinary action imposed upon him by the Disciplinary Committee may, if he disputes the action taken, appeal the Disciplinary Committee’s decision to an arbitrator in accordance with the Arbitration System as it is described in Article VI in these Regulations.
ARTICLE VI – ARBITRATION PROCEDURE
1. Disputes between Contract Advisor and the Player
Any dispute between a Contract Advisor registered with the C.F.L.P.A. and Player concerning the conduct of individual negotiations by a Contract Advisor, the payment of fees due or allegedly due by a Player to a Contract Advisor or other activities of the Contract Advisor within the scope of these regulations shall be resolved exclusively in accordance with procedures set forth in this
1. Article. All time limitations in this Article may be extended by mutual agreement of the parties involved.
2. Appeal of Contract Advisor of Finding of Disciplinary Committee In the event that a Contract Advisor disputes the decision of the Disciplinary Committee such dispute shall be resolved conclusively and exclusively in accordance with the procedures set forth in this Article.
3. Appeal of Contract Advisor of Refusal of C.F.L.P.A. to Allow Registration
In the even that a Contract Advisor disputes the decision of the C.F.L.P.A. to refuse registration with the C.F.L.P.A. such dispute shall be resolved conclusively and exclusively in accordance with the procedures set forth in this Article.
The arbitration of a dispute under this Article shall be initiated by a written notice of grievance by a Player or a Contract Advisor registered with the C.F.L.P.A. Any such grievance must be filed within one year from the date of the occurrence or non-occurrence upon which the grievance is based or within one year from the date on which the facts of the matter become known or reasonably should have become known to the person filing the grievance, whichever is later. A Player need not be under contract to a Member Club at the time of a grievance related to him hereunder arises or at the time such grievance is initiated or processed.
A Player may initiate a grievance against a Contract Advisor registered with the C.F.L.P.A. by sending the written notice of grievance by single registered mail to the Contract Advisor’s business address or by personal delivery of written notice of grievance to such address and a Contract Advisor may initiate a grievance against a Player by sending a written notice of grievance by registered mail to the Player with a copy to the C.F.L.P.A. or by personal delivery of the written notice of grievance to the Player with a copy to the C.F.L.P.A. The written notice of grievance shall set forth the facts and circumstances giving rise to the grievance and a description of the relief sought. If a grievance is filed by a Player, the Contract Advisor shall forthwith forward a copy thereof to the C.F.L.P.A.
A party against whom a grievance has been filed shall serve an answer in writing by single-registered mail or personal delivery within twenty (20) days of receipt of the written notice of grievance upon the Grievor and the C.F.L.P.A. The answer will set forth admissions or denials as to facts alleged in the grievance and shall also recite the position or arguments of the Respondent in defense of this or her position. Once the answer is filed the C.F.L.P.A. shall promptly appoint an Arbitrator who shall be one of the Arbitrators agreed upon between the C.F.L.P.A. and the Member Clubs in the C.F.L. in accordance with the Collective Bargaining Agreement and shall provide the Arbitrator with copies of the written notice of grievance and answer and all other relevant documents.
The Arbitrator appointed shall select a time and a place for a hearing of the dispute which place shall either be the City of Toronto or the City of Edmonton in Canada. At such hearing, all parties to the dispute and the C.F.L.P.A. will have the right to be present and to call evidence and to make representations. Within sixty (60) days following the date of the hearing the Arbitrator shall issue a written decision and such decision shall constitute full, final and complete disposition of the grievance and will be binding upon the Player and the Contract Advisor. The Arbitrator shall not have the jurisdiction or authority to add to or subtract from or alter in any way the provisions of these Regulations.
Each party will bear the costs of their own witnesses and counsel. The costs of the arbitration including the fees and expenses of the Arbitrator will be born equally by the parties to the grievance. Provided, however, the Arbitrator shall have the discretion to assess all costs to one party if he or she deems a grievance or appeal to be frivolous in nature. If the Arbitrator awards a sum of money, it shall be paid within ten (10) days.
In the event that the Contract Advisor initiates the arbitration of a dispute, the Contract Advisor shall deposit as security for costs an amount deemed sufficient by the Arbitrator to cover costs to be incurred in the arbitration and in the event that the Contract Advisor fails to deposit security for costs within twenty (20) days from the date of request of same from the Arbitrator the notice of grievance filed by the Contract Advisor shall be dismissed.
ARTICLE VII – AMENDMENTS TO THESE REGULATIONS
The C.F.L.P.A. may from time to time amend these Regulations and all Contract Advisors registered with the C.F.L.P.A. agree to be bound by such amendments, provided copies of amendments are provided to them at their business address by single-registered mail.
Regulations for the State of Pennsylvania
Uniform Athlete Agent Act Jurisdiction
Filing Fee: $400.00 Corporation; $200.00 Individual
Pennsylvania State Athletic Commission
116 Pine Street, 3rd Floor
Harrisburg, PA 17101