One of the main objectives of the FFAR includes “[l]imiting conflicts of interest to protect Clients from unethical conduct” (cf. art. 1 par. 2 (c) of the FFAR). In that sense, the general principle is that a Football Agent may only perform Football Agent Services on behalf of one party in a Transaction, subject to the sole exception under which a Football Agent may perform Football Agent Services and other services for an Individual and Engaging Entity in the same Transaction, i.e. dual representation (cf. art. 12 par. 8 of the FFAR).
By way of example, if a Football Agent wishes to provide Football Agent Services through dual representation to both an Engaging Entity and an Individual in the same Transaction, they may only do so if both of their Clients have given prior explicit written consent. If they have, the Engaging Entity may pay up to 50% of the total service fee due to the Football Agent.
This means that a Football Agent may not perform Football Agent Services or Other Services in the same Transaction for:
- a Releasing Entity and Individual; or
- a Releasing Entity and Engaging Entity; or
- all parties (Releasing Entity, Engaging Entity and Individual).
To illustrate, if a Football Agent is performing Football Agent Services or Other Services in a Transaction for a Releasing Entity, they may not perform any of those services for any of the other parties to that Transaction (Engaging Entity or Individual).
