DATED
(Add Date) 01 JANUARY 2020
(Add Both Parties Names/Companies) DARTS PLAYER/AGENT-MANAGER AGREEMENT

PARTIES
Party 1 and Party 2
Company Registration No’s: (If Applicable)

PAGE ONE

CONTENTS
INTERPRETATION
APPOINTMENT
TERM AND RENEWAL OF AGREEMENT
THE PLAYER’S OBLIGATIONS AND WARRANTIES
THE AGENT’S OBLIGATIONS
PAYMENTS TO THE AGENT/MANAGER
TERMINATION OF AGREEMENT & EFFECTS
CONFIDENTIAL ISSUES
ANY NOTICES
DISPUTES BETWEEN BOTH PARTIES
INDEPENDENT LEGAL ADVICE
GENERAL NOTICES
ANY GOVERNING LAW

PAGE TWO – SEVEN

THIS AGREEMENT is dated (Add Date)

PARTIES 

1. (1)  Add Name / Address and applicable details of the first party (The Agent/Company)
2. (2) Add Name / Address and applicable details of the second party (The Player)

AGREED TERMS

INTERPRETATION

The definitions and rules of interpretation in this clause apply in this Agreement.

Clause headings shall not affect the interpretation of this Agreement.

Words in the singular shall include the plural and vice versa and any gender includes the other gender.

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

APPOINTMENT

The Player appoints the Managing Agent as his exclusive agent to provide management services for all his activities as a (Professional Darts Corporation) registered professional darts player and activities related to his name, status and reputation as a professional sportsman (the Services) for the term of this Agreement.

The Services may include representing the Player in contractual negotiations for playing and taking part in events, tournaments and competitions, carrying out or arranging advertising, marketing and promotional activities for the Player and managing performances and appearances whether playing darts or for other promotional activities.

TERM AND RENEWAL OF AGREEMENT

This Agreement shall last for a term of (Add Timescale) from the date of signature subject to any clauses.

(The First Party) and the player (The Second Party) have an option to renew or extend the Player contract at any time during the term if agreed by both parties.

THE PLAYER’S OBLIGATIONS AND WARRANTIES

The Player promises and warrants to the Managing Agent that he:

Is free to enter into this Agreement and is not prevented or restricted from so doing by any other arrangements or contractual obligations with any other managing agent or otherwise.

Shall provide any such information or documentation that the Managing Agent may reasonably require for the Managing Agent to perform the Services.

Shall perform and carry out any activities which the Managing Agent has organised for him as part of the Services under the terms of this Agreement to the best of his ability.

Will notify the Managing Agent immediately should he receive any monies directly in respectof activities which form part of the Services and pay such monies into an account agreed by the Managing Agent; and

Shall comply with any regulations which relate to Darts, and are issued by the DRA.

Shall notify the Agent of any approach from another such Managing Agent.

THE AGENT’S OBLIGATIONS

The Agent promises and warrants to the Player that it:

Will at all times during the term of this Agreement use reasonable endeavors to provide the Services to the best of its ability.

Will keep the Player informed of all material information relating to the provision of the Services and not enter into negotiations with any third parties on the Player’s behalf without the Player’s consent; and

Has, and shall maintain, in place valid and effective professional liability and indemnity insurance in respect of the Services and shall, at the Player’s request, provide the Player with a copy of the policy.

Shall comply with any regulations which relate to Darts, and are issued by the DRA.

PAYMENTS TO THE AGENT/MANAGER

The Player shall pay to the Managing Agent on receipt of invoice a percentage on all income the player receives during the term of this Agreement as set out below:

Set out all agreed payments, determining any payments that differ. i.e. TV events – Pro-Tour or Secondary Tours – Exhibitions – Persona Appearances – Media Work – Sponsorships – Endorsements etc

Note if payments referred to are exclusive of any Value Added Tax that may be payable. Payment of VAT on any sums due above shall be made by the Player subject to receipt of valid VAT invoices from the Managing Agent.

Following expiry or termination of this Agreement for any reason, sums due will still be payable by the Player on all income which is:

• (a)  due to be paid to the Player during the term of this Agreement but is actually received by the Player after expiry; or
• (b)  due to be paid to the Player after expiry but is as a result of Services carried out by the Agent during the term of the Agreement.

The Agent shall bear all expenses which it incurs in performing its duties under this Agreement and the Player shall not be liable to make any payments for the Managing Agent’s expenses.

The PDPA recommend all payments are received directly to the player and not the agent/manger or a third party.

All players payments are paid by the PDC via a back payment 2-3 weeks following the conclusion of an event.

A PDC Bank Form must be completed and signed by the player.

The Parties agree that all income that the Player receives or is due to receive during the Term of this Agreement, whether resulting from the Services or otherwise, shall be paid into a dedicated account held by The Player.

The Player agrees to pay the Managing Agent payments as referred to in clause (To Add) immediately upon receipt of invoice (+ VAT if applicable) during the term of this Agreement.

The Managing Agent/player shall, for a period of six years after the termination date of this Agreement, maintain and retain accurate records of all income and expenditure in relation to the subject matter of this Agreement including details of payments due to the Player under it.

TERMINATION OF AGREEMENT & EFFECTS

Make sure a get out clause is available.

Either party may terminate this Agreement forthwith by giving:

Written notice to the other party if any order shall be made or resolution passed for the winding-up or bankruptcy of the other party (other than for the purpose of reconstruction or amalgamation) or if the other party shall make any arrangement with or for the benefit of its creditors or if a receiver shall be appointed in respect of the other party’s assets; or

Written notice to the other party if the other party is in material breach of any of the terms and conditions of this Agreement and fails to remedy such material breach (if capable of remedy) within thirty (30) days of being requested to do so; or

Written notice to the other party if the other party commits persistent or repeated breaches of any of the terms and conditions of this Agreement, which taken together would constitute material breach of the same.

Written notice to the other party if the other party behaves in a manner that is detrimental to the game of darts or the PDC.

Written notice to the other party if the other party is convicted of an offence involving dishonesty.

Expiry or termination of this Agreement for any reason shall be without prejudice to the rights and liabilities of either party which have accrued and been incurred prior to the date of termination and shall be without prejudice to any provision of this Agreement which is expressed to remain in full force and legal effect notwithstanding expiration or earlier termination of this Agreement.

1. 9.1  Termination of this Agreement shall not affect any provision which is expressed to survive or operate in the event of expiry or termination.
2. 9.2  Termination of the Agreement shall not release the Parties from any rights or liabilities which may have accrued prior to the date of termination.

CONFIDENTIAL ISSUES

Each party agrees that they shall keep all matters relating to this Agreement and any information relating to the personal matters and affairs of each other confidential at all times and shall not use such information, except where the disclosure of such information is necessary for Agent to adequately perform the Services, or is required by law, any governing body or regulatory authority or where otherwise expressly agreed between the parties.

ANY NOTICES

Any notice required to be given under this Agreement must be in writing and be delivered personally, sent by pre-paid first-class post or recorded delivery to the other party at its address as set out at the start of this Agreement or as otherwise notified by the relevant party in writing.

Any notice shall be deemed to have been duly received in the case of hand delivery, when it is delivered to the recipient’s address, or if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting.

A notice required to be given under this Agreement shall not be validly given if sent by e-mail.

DISPUTES BETWEEN BOTH PARTIES

In the event of any dispute arising out of or in connection with this Agreement between the Parties, the Parties shall meet at least once to try to resolve directly the dispute between them.

If any dispute is not resolved within 30 days from the date the dispute first arose, it shall be referred to a single independent arbitrator to be agreed by the parties or, in the event of disagreement, appointed by Sport Resolutions UK Limited. The decision of the arbitrator shall be final and binding upon both parties.

INDEPENDANT LEGAL ADVIVE

Always make sure you get independent legal advice before signing any contract, the PDPA can help and/or pass over to our legal team on your behalf FREE of charge.

GENERAL NOTICES

Each provision of this Agreement shall be construed separately. If the whole or any part of any such provision may prove to be illegal or unenforceable, that provision shall be deemed deleted and the validity and enforceability of the other provisions of this Agreement shall not be affected.

This Agreement and any documents referred to in it constitute the whole agreement between the Parties and supersede all previous agreements between them relating to its subject matter. No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).

The Agent will not assign or transfer its rights or obligations under this Agreement to another company without the consent of the player.

This Agreement may be executed in any number of counterparts, each of which shall constitute an original of this Agreement, but all the counterparts shall together constitute the same agreement.

GOVERNING LAW

This Agreement shall be governed by English law and the parties submit to the exclusive

Jurisdiction of the English courts.
Signed by the Parties on the date set out above.

Signed by (Second Party / Description)
Signed by (First Party / Description)

• NOTE – A copy of the signed contract must be sent to the player.
• DRA – All Managers / Agents must be registered with the DRA.