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Football-legal
30
May
2025
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Football Legal
Football Agents
Cases
France
Football Legal # 22

Failure to Comply with the Exclusivity Clause: The Footballer was Ordered to Pay the Penalty Clause Stipulated in the Agent’s Contract


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Riom Court of Appeal, 16 April 2025, no. 24/00426
Date of the decision: 2025-04-16

In sports agent contracts (exclusive common interest mandates), if the intermediary’s remuneration clause is not precisely drafted, it must be declared null and void. As soon as a second agent contract is concluded between the parties, this deficiency is resolved; the extension amendment to the first agreement, declared null and void, which is not a mere accessory to it, remains fully applicable. In such circumstances, a footballer who extends his employment contract with the assistance of a new intermediary before the end of the contract binding him to his first agent stipulated in the amendment, without justifying a legitimate reason for early termination, is required to comply with the penalty clause contained therein.

Agency Sports International Management entered into a sports agent contract with a professional footballer on 29 April 2019, which was supplemented by an amendment of 16 December 2019, setting the end of the contractual relationship on 14 December 2021. It should be noted that a second sports agent contract was concluded on 1 June 2019, providing specific details regarding the intermediary’s remuneration. As part of the execution of this exclusive mandate of common interest, the athlete had...

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Topics
  • Football Agents
Keywords
  • Breach of contract
  • Intermediaries / Agents
  • Agent fees
  • Penalty clause
  • Exclusivity clause
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