Contract negotiations are among the most crucial moments in a footballer’s career, especially when transferring between clubs or renewing a contract. The question then becomes: can a player handle negotiations on their own, or do they always need an agent?

FIFA Football Agent Regulations (FFAR)

Under the FIFA Agents’ Agreement Regulations (FFAR), only individuals with a FIFA license may provide football agent services. Corporations, as such, cannot be agents. This means that anyone acting as an agent without a license is acting in violation of FIFA regulations. Furthermore, for an agent to act on behalf of a player and provide agent services, the FFAR requires a written Representation Agreement.

In addition:

• This agreement may not last longer than two years. This period may only be extended by concluding a new deal.
• The contract must clearly include the names of the parties, the duration of the cooperation, the agent’s fee (commission), the scope of his services, and the signatures.

The right to independent negotiations

When it comes to negotiating and signing contracts, Article 12 of the FFAR clearly states that a player has the right to do so independently, without involving a licensed agent. The only requirement is that the contract itself explicitly states that the player is acting on his or her own behalf.

Importantly, the FFAR specifically protects players against unfair or overly restrictive clauses in agent contracts. If a clause in an agent’s contract grants the agent exclusive negotiation rights, limits the player’s ability to act independently, or imposes a penalty for signing an agreement without the agent’s involvement, the clause may be deemed invalid.

These regulations are intended to guarantee athletes’ freedom and protect them from pressure or disproportionate obligations imposed by their representatives.

What does it look like in the Polish context?

In Poland, FIFA’s FFAR regulations were implemented by the Polish Football Association through resolution no. VII/116 of 8 August 2023 of the Management Board of the Polish Football Association – PZPN Football Agents Regulations.

The Polish Football Association (PZPN) Board has adopted the “PZPN Football Agents Regulations”, which introduces the requirement for agents operating in Poland to have a FIFA license.

Polish Football Association (PZPN) regulations, like those in the FFAR, allow players to negotiate and conclude transactions independently without an agent. The same prohibition exists against limiting a player’s ability to negotiate or imposing penalties in a national team contract.

Single agent exclusivity

Suppose a player signs an exclusive representation agreement with a FIFA football agent. In that case, such a player is not allowed to enter into a representation agreement with another agent at the same time and to the same extent as the agreement previously concluded, except for the last two months of the term of such exclusive representation agreement.

Similarly, in such a situation, other licensed FIFA agents are prohibited from contacting him or offering him a new contract during his term. The only exception is the final two months of the contract, when discussions about potential cooperation after its expiration may begin.

Summary

Under the new FIFA regulations (FFAR), players gain greater freedom in negotiations and better protection. Although agents still play a key role in complex transactions, players have the real ability to act independently, even without an intermediary. In the Polish context, the Polish Football Association (PZPN) ‘s implementation of the regulations strengthens professionalism and transparency in the agent market.

Our law firm specializes in sports law and comprehensive contract preparation, including representative and player contracts. If you require professional assistance with negotiations, drafting contract templates, or interpreting FIFA and Polish Football Association regulations, we will be happy to provide legal support and advice to ensure all activities are compliant with applicable laws.

Sources:

1. FIFA. (2023). FIFA Football Agent Regulations. Zurich: Fédération Internationale de Football Association.
2. Football Association. (2023). Regulamin Agentów Piłkarskich PZPN (Uchwała Zarządu PZPN nr VII/116 z dnia 8 sierpnia 2023 r., zm. Uchwałą KdsN nr 1/2024 z 5 stycznia 2024 r.). [ENG: Regulations for Football Agents of the Polish Football Association (PZPN Management Board Resolution No. VII/116 of 8 August 2023, amended by KdsN Resolution No. 1/2024 of 5 January 2024)]. Warszawa: PZPN.