Chapter 11 Sport Agency

1. Chapter 11 Sport Agency

2. Introduction • Many sport agencies began by representing athletes. • Large multiservice agency firms have evolved to include sport marketing and event management. • See IMG • Law of agency imposes fiduciary duties on the sport agent. (See Chapter 5) • A highly competitive business: • Many agents have no clients or are doing agency work part-time. • Much consolidation has led to major firms

3. History of Sport Agency Industry • C. C. “Cash & Carry” Pyle often cited as first sport agent • Worked with Susan Lenglen and Red Grange • Until the 1970s was extremely rare for pro team sport athlete to have an agent • Teams generally refused to deal with agents • No free agency until 1976, so little leverage to negotiate • Agents have existed in individual sports such as golf and tennis for a longer time

4. Sport Agency: Seven Factors That Influenced Growth • Evolution of players’ associations. • 1970: MLBPA negotiated through collective bargaining for right for players to be represented by agents • Free agency granted to players through the Messersmith-McNally arbitration decision. • Need for tax and financial planning increased as salaries increased. • Development of competing leagues created competition for players and thus higher salaries. • Increased opportunity for athletes to increase income through endorsements with opening up of television and entertainment industries.

5. Sport Agency: Evolution of Sport Agencies • Late 1990s saw creation of “uberagencies” • Firms bought up smaller firms to grow • SFX, Octagon • Later broke up due to internal strife • 2000s saw rise of CAA and Wasserman • Same strategy of buying up smaller firms

6. Sport Agency: Representing Individual Athletes • Income dependent on consistent performance in events, appearance fees from events, and the ability to promote and market athlete’s image • Agent often travels with athlete, tending to daily distractions so athlete can stay focused on playing • Large firms doing individual representation are often involved in all aspects of the sport (event management/marketing, broadcasting, consulting) • Possible conflict of interest? • Olympic Movement is growth area • Athlete branding important aspect of job

7. Sport Agency: Representing Coaches and Management • Because of increased income and increased job movement and added pressures on coaches to succeed, the number of coaches (and even general managers) with agents is growing. • Increased complexities of coaching may make having an agent to rely on for advice and counsel almost a necessity.

8. Sport Agency Firms • Freestanding sport management firm: A full-service firm providing a wide range of services to the athlete • Law practice–only firm: Lawyer performs many legal tasks (contract negotiation, arbitration, legal counseling, dispute resolution, and the preparation of tax forms) • Sport management firm affiliated with a law firm: Each fills a void by providing the services the other does not offer

9. Sport Agency Firms: Boutique vs. Large Conglomerates • Boutique firms • Small firms find greater success representing athletes in one sport and focusing on one or two services for the athletes or coaches. • In smaller firms, an agent works alone or with a small group of employees. • Advantage may be that athletes receive increased attention and are actually represented by the person he or she originally signed a contract with. • Disadvantage may be that a solo agent often cannot offer as many services as a large firm.

10. Sport Agency Firms: Boutique vs. Large Conglomerates • Conglomerate firms • In larger firms, the agent may be part of an international conglomerate representing many athletes in a broad range of sports. • Provide one stop shopping for services • More history, reputation and contacts • Have other star players • Increased bargaining position • Disadvantage may be that there is often a large stable of clients, and an athlete may be a “small fish in a big pond.”

11. Sport Agency Firms: Fees Charged by Agents Four Methods • Flat fee arrangement • Athlete must pay agent an amount of money agreed upon before the agent acts for the athlete • Percentage of compensation method • Often covers negotiation plus all of the work related to the provisions of the contract over its term; most popular • Hourly rate • Hourly rate with a compensation cap

12. Sport Agency Firms: Fee Issues • Players’ associations limit amount of agent fees. • Fierce competition for clients has driven average fees down closer to 2% to 3%. • Limitation only exists for the fees the agents can charge for negotiating the athlete’s contract, not for marketing deals.

13. Career Opportunities with Sport Agency Firms • Sports event manager • Run events owned by sport agencies • Sports marketing representative • Coordinates all of the marketing and sponsorship activities for sports properties • Sports agent • May perform just one function (e.g., contract negotiation) or may have a number of employees performing functions for clients

14. Functions of the Sport Agent: Player/Coach Contract Negotiation • Agent must be knowledgeable about the sport and the rules, regulations, documents (contract, collective bargaining agreement, constitution), and common practices of its governing body. • Agent must understand the value of the player’s or coach’s services. • Agents must administer the contract and ensure the parties comply with their contract promises.

15. Functions of the Sport Agent: Marketing the Athlete/Coach • Should develop a plan in which each endorsement creates an image consistent with the athlete’s or coach’s ambitions and long-range goals • Agent must keep in mind that client’s career and public persona may be short-lived; with salary restrictions, market deals more important • Must also be familiar with restrictions that may limit an athlete’s or coach’s marketing opportunities; know market value of client • Usually seek product endorsements before nonproduct endorsements—easier to obtain

16. Functions of the Sport Agent: Financial Planning • Covers banking and cash flow management, tax planning, investment advising, estate planning, and risk management • Sport agents often attempt to take on this function without proper skills and training • Doing so can lead to allegations of incompetence and negligence • Disability insurance plans to protect athletes from career-ending injuries • Recent surge of companies offering athletes pre-draft lines of credit

17. Functions of the Sport Agent: Career and Postcareer Planning • Agent must help a client with transition into a professional career and again with the transition into retirement from the sport. • Agent must maximize the client’s earning potential during and after his or her playing career, but avoid overexposure. • Agent may take on the establishment of sport camps or charitable organizations under the athlete’s or coach’s name. • Must prepare for financial crisis for athlete post career

18. Functions of the Sport Agent: Legal Counsel and Dispute Resolution • Provide legal counseling on contract and other legal matters • However, nature of the legal work may dictate that a lawyer specializing in a particular area is better suited for providing the actual legal services • Resolve disputes the athlete or coach may have with his or her league, team, fans, referees or umpires, press, or endorsement companies.

19. Key Skills Required of Sports Agents • Professional degree not usually required, but expected • Know Industry sector • Economics, inner workings, document, contacts • Oral and written communication • Negotiations • Shielding client from media

20. Current Issues: Unethical Behavior • Great deal of criticism and a public perception that the behavior of those in the agent profession is excessively unethical • Five key problems in the profession: • Income mismanagement • Incompetence • Conflicts of interest • Charging of excessive fees • Overly aggressive client recruitment

21. Current Issues: Agent Regulation • Sport agents today must maneuver through a maze of conduct-governing regulations. • Many groups regulate agents: • Players’ associations • Agents register with unions and pay fee • States (44 currently have some form of regulation); most have UAAA • Federal government (SPARTA) • NCAA • Athletes can also seek recourse under tort, criminal, agency, and consumer protection laws.