SARU PLAYER AGENT REGULATIONS INTRODUCTION SARU has adopted the following regulations governing Agents. The purpose of the SARU Player Agent Accreditation Scheme ( Scheme ) is to provide Agents with a mechanism by which they may be officially recognised as appropriately qualified to carry on the business of an Agent; to improve and maintain the quality, competence and professionalism of Agents; and to benefit Players and rugby generally by enabling the Players to be represented by qualified Agents who are bound by a Code of Conduct and act in the best interests of the Player. 1 INTERPRETATION 1.1 Definitions In these Regulations, unless the contrary intention appears: "Accreditation" means accreditation in accordance with these Regulations; Agent means a natural person who is an agent or representative of a Player who represents a Player in contract negotiations with a Province or Club and any of the other services set out in clause 2.5 of these Regulations and who has been accredited by SARU under these Regulations; Appeal Tribunal means an independent tribunal appointed in accordance with the Disciplinary and Judicial Matters Regulations of SARU; Board means the SARU Player Agent Accreditation Board as described in 3.2; Club means a body or organization as defined in clause 1.2.7 of the constitution of SARU; "Code of Conduct" means the SARU Player Agent Code of Conduct in place from time to time governing the conduct of Agents and as agreed upon by SARU and to which the Agents are bound;
Collective Agreement means the agreement annually negotiated between SARPA and SAREO regulating the terms and conditions of employment of rugby players and the relationship between the two (2) parties; Franchise means a Province or a corporate or incorporate association of Provinces participating in the SANZAR Super Rugby competitions; Immediate Family means mother, father, brother, sister, stepmother, stepfather, stepbrother or stepsister of the Player; License means a license in accordance with these regulations. Management means the following personnel, but not limited to elected officials of a Rugby Body, employees of a Rugby body, the head coach, assistant coaches, team manager, trainers, strength conditioners, physiotherapists and doctors. National Judicial Committee means the committee to which the Executive Council of SARU in terms of clause 17.13 of the Constitution of SARU has delegated its disciplinary powers in terms of clause 17.12.2 of the said Constitution, and otherwise, with the right to further delegate such powers to disciplinary committees or judicial officers; "Player" means any person registered with a Club in South Africa, or when applicable, a member of the Management of a Rugby Body; "Player Agent Agreement" means a standard agreement between a Player and an Agent; "Player Contract means the Standard Players Contract (SPC) between the Player and a Rugby Body annually negotiated between SAREO and SARPA which sets out the employment conditions and minimum standards applying to all Players; Player Agent Workshop means a workshop conducted annually by the Board which all Agents are compelled to attend; Provisionally Accredited Agent means a candidate whose written application has been approved by the Board and who is entitled to write the first following Player Agent Examination;
Province means a provincial union as defined in clause 1.2.21 of the Constitution of SARU; Regulations means the SARU Player Agent Regulations, SARU Player Agent Code of Conduct, SARU Player Agent Accreditation Scheme and Standard Player Agent Agreement adopted from time to time by SARU; Rugby Body means a a Rugby Body as defined in Regulation 1 of the IRB Regulations Relating to the Game, Club as defined in clause 1.2.7 of the Constitution of SARU, or a Province as defined in clause 1.2.21 of the SARU Constitution or a Rugby Body as defined in clause 1.2.24 of the Constitution of SARU, or an entity or body consisting of Provinces, or other body, commonly called a Super Rugby franchise; SANZAR means an unincorporated joint venture between SARU, New Zealand Rugby Football Union Inc and the Australian Rugby Union Ltd; SAREO means the South African Rugby Employers Organization; "SARPA" means The South African Rugby Players Association; SARU means the South African Rugby Union; Scout means a person who is able to identify potential Players for an Agent but may not enter into any negotiations with the Player/Rugby Body or be a signatory to any Player Agent Agreement or agreement with a Rugby Body. Super Rugby means the Vodacom Super Rugby Competition, an international provincial rugby competition played annually in South Africa, New Zealand and Australia involving fifteen (15) teams from the senior provincial -, states - or franchise teams from the three (3) countries, conducted under the auspices of SANZAR. the Scheme means the SARU Player Agent Accreditation Scheme.
1.2 Headings 1.2.1 Headings do not affect the interpretation of these Regulations; 1.2.2 words signifying the singular number shall include the plural and vice versa; 1.2.3 words signifying the masculine shall include the feminine; 2 SCOPE OF REGULATIONS 2.1 Compulsory use of an Agent Players who use or appoint an Agent to represent, advise or assist them in individual contract negotiations with any Rugby Body and/or who requires the consent of a Rugby Body for the use of a Player s image rights pursuant to the Players Contract must use an accredited Agent. Rugby Bodies are to only engage in individual contract negotiations with Agents and will only provide consent to Agents for the use of a Player s Image Rights in any commercial activities as required by the Players Contract. In cases where a Rugby Body requires consent to the use of a Player s Image Rights and such Player is represented by an Agent, the Player will be approached via his Agent for such consent. 2.2 Self Representation Nothing in these Regulations shall require a member of a Player s Immediate Family who wishes to represent, advise, counsel or assist a Player, or a Player representing himself, to be an accredited Agent. 2.3 SARPA Representation Nothing in these Regulations shall require SARPA employees, representing, advising, counselling or assisting a Player, to be an Agent subject thereto that such SARPA
representatives will represent a player or players in terms of the applicable Labour Legislation. 2.4 International Agents An International Agent shall not be permitted to negotiate directly with any Player or Province in South Africa, but has to appoint an Agent in South Africa for this purpose. 2.5 Services covered by these Regulations Activities of Agents which are governed by these Regulations include, but are not limited to the following: 2.5.1 the provision of representation, advice, counsel or assistance to Players with respect to the negotiation of Player Contracts or any other employment contracts; 2.5.2 the execution and enforcement of Player Contracts and other related arrangements; and 2.5.3 the provision of other services to a Player including but not limited to the securing of marketing and promotional opportunities or personal endorsements and sponsorships involving the utilization of the image rights of a Player where applicable. 3 SARU PLAYER AGENT ACCREDITATION BOARD 3.1 The Board will be responsible for: 3.1.1 managing the Scheme as determined by SARU and in accordance with these Regulations; 3.1.2 performing all acts and doing all things as appear to the Board to be necessary or desirable for the proper management of the affairs of the Scheme;
3.1.3 overseeing the Accreditation process including who may be eligible in becoming Accredited and how those eligible might become Accredited; 3.1.4 establishing the content, composition of and nature of the annual compulsory Player Agent Workshop. 3.2 The Board will comprise of one (1) representative each from SARU, SAREO, SARPA, one (1) representative of the Player Agents and an independent person nominated by SARU who shall act as the chairperson. 3.3 The Board will determine matters by majority vote. 3.4 The Board will meet as often as is necessary to conduct business for the benefit of the Scheme. 3.5 The composition of the Board shall be reviewed by SARU every two (2) years. 3.6 Subject to these Regulations the Board may develop its own operational procedures. 4 ACCREDITATION 4.1 Eligibility Unless otherwise determined by SARU, in order to be granted and to maintain Accreditation, an Agent must: 4.1.1 be eighteen (18) years or older; 4.1.2 not make any false or misleading statements of a material nature in the application for Accreditation; 4.1.3 not have been convicted of any criminal offence (except traffic offences) or been a defendant in any civil proceedings in which a final judgment was made against the
Agent involving fraud, forgery, corruption, theft, embezzlement, misappropriation of funds, breach of fiduciary duty, professional negligence or legal malpractice; 4.1.4 not engage in any other conduct that might in the reasonable opinion of SARU impact adversely on the Agent s competence to serve in a fiduciary capacity on behalf of a Player s best interests; 4.1.5 agree to be subject to and comply with the IRB Bye-Laws and Regulations Relating to the Game, SARU Constitution, Regulations and Code of Conduct, SANZAR Regulations and decisions, including the SARU Player Agent Code of Conduct and the SARU Player Agent Regulations in force from time to time; 4.1.6 at all times, when representing a Player, be in possession of a SARU business type license card issued by SARU on an annual basis; 4.1.7 attend the annual Player Agent Workshop arranged by SARU in accordance with 4.3.5; 4.1.8 execute and abide by the Standard Player Agent Agreement with all Players; 4.1.9 advise SARU of any violations by a Rugby Body of a Player s Contract, the Collective Agreement or any other employment contract; 4.1.10 agents shall be required to have a sound knowledge of the applicable SARU/SANZAR and IRB Regulations; 4.1.11 disclose to SARU quarterly the names of Players represented by the Agent; 4.1.12 inform players about their rights and benefits pertaining to, for instance his Player Contract, sponsorship contracts and the like; 4.1.13 not represent a Player whilst not being an Agent; and 4.1.14 pay an annual license fee as provided for in the Regulations.
4.1.15 on request from SARU, for whatever reason, provide SARU with a signed copy of the Player Agent Agreement; 4.1.16 have no conflict of interest e.g. the Agent shall not be involved with SARU or a Rugby Body, for instance as an employee, an elected official, a committee member, member of the team management or an elected official. 4.2 Application 4.2.1 Any applicant applying for Accreditation for the first time shall be allowed to do so at any time. 4.2.2 Each applicant applying for Accreditation shall apply in the form and manner prescribed by SARU from time to time. 4.2.3 Each applicant must pay the application fee prescribed by SARU from time to time. 4.2.4 SARU will retain information submitted by an applicant for Accreditation and will use that information for the purposes of administering the Scheme and the Regulations. SARU may provide such information to Players on request. 4.2.5 Each Agent must disclose to the Board any change to the information contained in their application for SARU Player Agent Accreditation within two (2) weeks of such change. 4.2.6 Any applicant who, for whatever reason has to apply for Accreditation a second time or more, has to pay a further application fee in the amount of R1000 (one thousand rand) for each further application. 4.2.7 Applications shall be considered on a quarterly basis by the Board on or before February, May, August and November of each year.
4.3 Grant 4.3.1 Only natural persons may be granted Accreditation. 4.3.2 In the event that an Accreditation is suspended, revoked or cancelled, the Agent shall not be entitled to a refund of any fees paid unless the Board, in its sole discretion, decides otherwise. 4.3.3 An Agent may organise his occupation as a business as long as the Agent s employees work are restricted to administrative duties connected with the business activity of an Agent. Only the Agent himself is entitled to represent and promote the interests of Players. The annual license fee is payable on or before 30 November of each year, failing which the Agent will forfeit his license. 4.3.4 An Agent shall comply with the IRB Bye-Laws and Regulations Relating to the Game, SARU Constitution, Regulations and Code of Conduct and SANZAR Regulations and decisions, including the SARU Player Agent Code of Conduct and the SARU Player Agent Regulations in force from time to time. 4.3.5 The attendance by an Agent of the Player Agent Workshop held annually on or before March of each year or such later date, venue and time as determined by SARU 2069 is compulsory. Should an Agent not attend the workshop for a reason not acceptable to SARU, he will forfeit his license subject to 4.8.4. 4.4 Provisional Accreditation 4.4.1 In the event that the applicant has provided the application form duly completed, paid the relevant application fee and been determined eligible to write the examination by the Board, such applicant shall be provided with Provisional Accreditation by SARU for a period of twelve (12) months (probation period) whereupon such applicant shall be granted full Accreditation after having
successfully completing the Player Agent Examination or re-examination during the probation period and upon paying the relevant fee as provided for in 5.1.1 and 5.1.2. 4.4.2 A provisionally Accredited Agent has to be employed with or work under the supervision of an Agent for at least one (1) continuous year, subject to 4.4.3 and 4.4.4. 4.4.3 The Board may reduce the period in 4.4.2 depending on the relevant experience and/or qualification(s) of the applicant to perform the services of an Agent referred to in 2.5. 4.4.4 Practising attorneys, practising advocates and chartered accountants are not required to do an internship with an Agent as envisaged in 4.4.2. 4.4.5 A Provisionally Accredited Agent shall not be allowed to negotiate with or enter into an agreement with any Player or Rugby Body during the probation period. 4.4.6 Failure to complete the first following Board Examinations successfully or the reexamination (where applicable) shall result in suspension, revocation or cancellation of the Provisional Accreditation and eligibility for pending Accreditation. Should the applicant decide to re-apply after having failed the Board Examination or the re-examination in a specific year, he has to re-submit an application form and pay a non-refundable application fee in the amount of R3000,00 (three thousand rand). He will be granted Provisional Accreditation for a final term determined by the board but in any event not exceeding a further twelve (12) months and has to successfully complete the next following examination or re-examination (where applicable). Should he fail this examination or re-examination, he may not re-apply for Provisional Accreditation. 4.5 List of Accredited Agents 4.5.1 The Board must maintain a register, to be kept at the offices of SARU, listing Agents who are currently Accredited.
4.5.2 The register is to show in respect of each Agent: 4.5.2.1 full name; 4.5.2.2 any business name of the Agent or his employer and the shareholders of members of the close corporation or directors where applicable; 4.5.2.3 the address of the principal place of business of the Agent; 4.5.2.4 contact details of the Agent; 4.5.2.5 the date on which he was Accredited; 4.5.2.6 payment of annual fees; 4.5.2.7 attendance at Player Agent Workshops; and 4.5.2.8 particulars of any disciplinary action taken against that Agent. 4.5.3 SARU shall provide and publish on the SARU website, a list of Agents who are currently accredited in accordance with these Regulations. 4.6 Dealing with Rugby Bodies 4.6.1 Rugby Bodies are not allowed to negotiate a Player Contract or other employment contract or provide consent for the use of a Player s Image Rights in any commercial activity, with an Agent who is not accredited. A Province who has been found to negotiate with a non-accredited Agent shall be in breach of the Regulations and will be liable to an appropriate sanction. 4.6.2 Before any negotiation of a Player Contract or employment contract on behalf of a Player, the Agent must, on request, provide the Rugby Body with his SARU business card type license of the applicable year.
4.7 Denial and cancellation of accreditation. 4.7.1. The Board shall deny an applicant to become a Provisionally Accredited Agent if he does not meet the eligibility criteria referred to in clauses 2.1 to 2.9 of the Player Agent Accreditation Scheme. SARU shall notify the applicant in writing if his application has been denied by the Board and the reasons therefor. The decision of the Board is final. 4.7.2. SARU shall have the right to revoke or cancel the license of an Agent who after his accreditation fails to meet the eligibility criteria referred in clauses 2.1 to 2.6 of the Player Agent Accreditation Scheme 4.8 Discipline 4.8.1 An Agent, Player, SAREO, SARPA, Rugby Body or any other party with a vested interest may notify the CEO of SARU, or his nominee, in writing of any act of Misconduct as contemplated in the Disciplinary and Judicial Matters Regulations of SARU, including but not limited to an alleged breach by any Agent, Player or Rugby Body of the IRB Bye-Laws and Regulations Relating to the Game, SARU Constitution and Regulations and SARU Code of Conduct. This notification shall include any alleged breach of the SARU Player Agent Code of Conduct and the SARU Player Agent Regulations in force from time to time and shall as far as possible include evidence substantiating a prima facie case. 4.8.2 The CEO of SARU shall refer the notice via the Chairman of the National Judicial Committee (or his designee) for adjudication in accordance with the Disciplinary and Judicial Matters Regulations of SARU. 4.8.3 In the event of it being determined by a Judicial Officer or Judicial Committee that an Agent: 4.8.3.1 engaged in any act or omission by the Agent which, in the reasonable opinion of the Judicial Officer, fails to meet the standard of conduct for maintaining a
License or Accreditation under these Regulations, including those set out in the SARU Player Agent Code of Conduct; or 4.8.3.2 breached any term of the IRB Bye-Laws and Regulations Relating the Game, SARU Constitution, SARU Regulations and SARU Code of Conduct and SANZAR Regulations and decisions, including the SARU Player Agent Code of Conduct and the SARU Player Agent Regulations in force from time to time, the Judicial Committee / Judicial Officer may determine one or more of the following: 4.8.3.3 issue an informal reprimand in writing to the Agent to be retained in the Agent s file; 4.8.3.4 issue a formal letter of reprimand to the Agent which may be made public in SARU, SARPA and Provincial publications and the media; 4.8.3.5 suspend for any period the License of the Agent; 4.8.3.6 suspend for any period the Accreditation of the Agent; 4.8.3.7 revoke the License of the Agent; 4.8.3.8 revoke the Accreditation of the Agent; 4.8.3.9 impose a monetary fine at the discretion of the Judicial Officer or Judicial Committee; 4.8.3.10 impose a suspensive condition to the sanctions mentioned in 4.8.3.4 to 4.8.3.9. SARU shall notify the Agent in writing of the proposed suspension or revocation and the reasons therefore. The Agent may challenge any
proposed suspension or revocation by appealing such action in accordance with the SARU Disciplinary and Judicial Matters Regulations. 4.8.4 Should an Agent s license be revoked, cancelled or suspended for whatever reason other than in 4.8.3, the Agent will have the right to apply in writing to the Board for re-instatement of the License. The application shall be accompanied by an amount of R3000 (three thousand rand). The board will consider the application within seven (7) days or as soon as possible thereafter. The Board, within its discretion, may in addition decide to refund the amount of R3000 (three thousand rand) under certain circumstances, including but not limited to, no fault by the Agent. 4.9 Cancellation An Accredited Agent may cancel his Accreditation at any time by notice in writing to SARU. No refund of any fees shall be paid to an Agent who cancels his Accreditation under these Regulations. 4.10 Mediation In the event of a dispute, the following rules shall apply: 4.10.1 An Agent, Player, SARPA, SAREO, Rugby Body or any other party with a vested interest may notify SARU in writing of the dispute. 4.10.2 SARU must, within seven (7) days of receiving the notice specified in 4.10.1, provide written notice of the dispute to the relevant parties specifying the nature of the dispute. 4.10.3 The issue must be discussed between the Parties within fourteen (14) days of the written notice being given. 4.10.4 In the event the dispute remaining unresolved for a further period of fourteen (14) days, SARU shall arrange a formal mediation of the dispute.
4.10.5 The costs of any such formal mediation conducted in accordance with clause 4.10.4 above shall be within the discretion of the mediator. 4.10.6 SARU will appoint a mediator with due consideration of the nature of the dispute. 4.10.7 should the dispute not be resolved via mediation, the dispute shall be referred to and determined by final and binding arbitration. 4.10.8 The dispute shall be referred to an Accredited Arbitration Service Provider as agreed to between the parties. The selected forum may give such directions as to the conduct of the proceedings as may be necessary to fairly facilitate the expeditious resolution of the dispute and that the arbitration proceedings will be convened within twenty-one (21) days after a party has requested it. 5 FEES The following fees apply: 5.1 First Year 5.1.1 Application fee: R1 000,00 (one thousand rand) Upon receiving the application form and fee, the Board who convenes quarterly will assess the merits of the application and whether he qualifies to enter the Board examinations. This fee is non-refundable, irrespective of whether the Board approves of the application or the applicant qualifies to enter the examination, or whether the applicant fails the examination or re-examination (if applicable), or whether the applicant is successful. 5.1.2 First time Accreditation Fee: R25 000 (twenty-five thousand rand)
The first time Accreditation Fee will be payable within 10 (ten) days from date of notification by SARU and after having been successful with the examination. Two Player Agent Examinations per annum shall be held during a year. Should the applicant fail an examination, he will be eligible to re-write the examination at the next-following examination. A Provisionally Accredited Agent who fails the examination and reexamination (if applicable) shall immediately forfeit his provisional Accreditation. The unsuccessful candidate, subject to 4.4.6 may be afforded a final opportunity to write the next following examination and re-examination (if applicable). 5.1.3 The second time Application Fee shall be R3000 (three thousand rand) This fee is non-refundable, irrespective of whether the Board approves of the application, the applicant fails the examination or re-examination (if applicable), or whether the applicant is successful. 5.2 Second Year and thereafter An Annual License Fee of R5 000 (five thousand rand) is payable by all Agents not later than 30 November of each year. Should the Agent fail to pay the License Fee on the due date, the License will be suspended and the Agent will not be allowed to operate as an Agent, however, the Agent will not by virtue of non-payment loose his Accreditation. The name of the Agent will be removed from the list of Licensed Agents until he has regained
his License. Until such time the Agent may not fulfill any duties of an Accredited Agent. All Accredited Agents will be required to attend a Player Agent Workshop which shall be held by SARU not later than 31 March of each year or such later date as determined by SARU. Should the Agent no attend the Player Agent Workshop he shall forfeit his License. Should the Agent not be able to attend the Player Agent Workshop, the Board may on written application prior to the Player Agent Workshop grant condonation on good cause shown. 5.3 All fees listed in this clause are inclusive of VAT. 5.4 Financial year The financial year of the Scheme is the year commencing 1 January. 6 PROFESSIONAL DEVELOPMENT 6.1 An Accredited Agent must maintain and improve his professional development by: 6.1.1 maintaining a sound knowledge of the IRB Bye-Laws and Regulations Relating the Game, SARU Constitution, Regulations and Code of Conduct, SANZAR Regulations and decisions, including the SARU Player Agent Code of Conduct and the SARU Player Agent Regulations; 6.1.2 keeping abreast with the annual developments in the Collective Agreement and Player Contract annually negotiated between SARPA and SAREO; 6.1.3 attending the annual Player Agent Workshop.
6.1.4 maintain a sound knowledge on the structuring and subsequent management of the collective commercial (image) rights of the players and the respective player trusts. 7 PLAYER AGENT AGREEMENT 7.1 Prior to representing, advising, counseling or assisting a Player, an Agent must have a written Player Agent Agreement with the Player he intends to represent, advise, counsel or assist. 7.2 The standard format and terms of the Player Agent Agreement may only be amended where any such amendments have been approved by SARU subject to such amendment not contradicting the SARU and/or IRB Regulations. 7.3 The Agent must provide a signed copy of the Player Agent Agreement to the relevant Player within twenty-eight (28) days of signature. The Agent must provide to SARU, on request for whatever reason, a signed copy of the Player Agent Agreement. 7.4 The Agent shall not be entitled to any fees other than the fees payable by the Player to the Agent pursuant to any Player Agent Agreement entered into between them. 7.5 In the event of an Agent s License being cancelled, suspended or revoked for whatever reason the Player Agent Agreement will remain in force for 30 (thirty) days after cancellation, suspension or revocation after which the Player may terminate the agreement in writing Should such cancellation, suspension or revocation not be uplifted within such 30 day period. The Player remains liable for all fees due to the Agent. 7.6 In the event that a Player Contract is negotiated by a different or by the Player himself, the Agent to the original Standard Player Agent Agreement shall be entitled to recover the fees owing to him pursuant to the original Standard Player Agent Agreement but shall not be entitled to recover any fees applicable to any upgrade in
value of the existing Player Contract or any fees applicable to any future Player Contract negotiated by such new Agent or the Player. 7.7 If an Agent s Accreditation is cancelled, the Player Agent Agreement between the Agent and the Player(s) shall be null and void from date of cancellation. The Player remains liable for all fees earned prior to the date of cancellation of the Agent s accreditation. 7.8 The term of the Player Agent Agreement may not exceed two (2) years and may not contain a provision for the automatic renewal or extension of the Agreement or any option of whatsoever nature. 8 AMENDMENTS TO THE SCHEME DOCUMENTATION 8.1 SARU may from time to time amend these Player Agent Regulations, the Player Agent Code of Conduct or Standard Player Agent Agreement. 8.2 SARU shall ensure that the amended Regulations is available on the SARU website and Agents will be notified when it is placed on the SARU website. 8.3 Agents will be bound by such amendments from the date on which the amended Regulations is placed on the SARU Website. 9 CONTRACTING OUT VOID The provisions of these Regulations shall have effect despite any stipulation to the contrary. No contract or agreement made or entered into by any Agent, Player or Rugby Body following the commencement of the Scheme shall operate to annul, vary or exclude any of the provisions of the Regulations.
SARU PLAYER AGENT SCHEME 1. SARU shall receive a completed Accreditation application form and Agent pays non-refundable application fee of R1000 2. Board reviews Application. Board approves Application subject to passing of written exam. 2(a) Board denies Application. Forfeit Application fee R1000 Re-apply and pay re-application fee R1000 3. Write entry examination on/or before first week in November 4. Pass Examination or reexamination (if applicable) and pay R25 000 within 10 days of notification by SARU 3(a) Fail Examination. Allowed to write re-examination. Provisional accreditation cancelled and application fee R1000 forfeited should the candidate fail the examination or re-examination (if applicable). 5. Full Accreditation and pay an annual License Fee of R5000 on or before 30 November of each year. 6. Application to write the next following examination / reexamination. Pay R3000 non-refundable application fee
SARU PLAYER AGENT CRITERIA FOR ACCREDITATION SCHEME Any person desirous of acting as an Agent shall apply in writing to the Board to have him accredited as such. The Board shall decide whether the applicant fulfils the basic requirements to obtain Accreditation. Only natural persons are allowed to apply. Applications from legal entities such as companies, close corporations, firms, partnerships and the like will not be considered. The Board will apply the following criteria in determining the eligibility for Accreditation of an Agent: 1. An Applicant must: 1.1 satisfy all eligibility criteria in accordance with the Accreditation Scheme; 1.2 have no previous conviction for legal proceedings brought against the Agent by a Player, Players Association, SARU, Rugby Body or governing body of a sport; 1.3 have no conflict of interest e.g. the Agent must not be employed, nor be an elected official of a Rugby Body or SARU. 2 The Board shall deny an applicant the right to become provisionally accredited in the event that an applicant: 2.1 has a pending criminal charge(s) or a criminal record; 2.2 has been disqualified or suspended from any profession; 2.3 has made false or misleading statements of a material nature in his/her accreditation application;
2.4 has misappropriated funds, or engaged in other specific acts such as embezzlement, corruption, theft, fraud, bribery or related unlawful activities which would render him unfit to serve in a fiduciary capacity on behalf of Players; 2.5 has engaged in any conduct other than stated in this clause that significantly impacts adversely on his/her credibility, integrity or competence to serve in a fiduciary capacity on behalf of players; 2.6 declines to confirm that he will comply with these Regulations or any amendments thereto and that he will abide by the fee structure of the Standard Player Agent Agreement; 2.7 failed to fully and comprehensively complete the Application for Accreditation. 2.8 represented, advised or assisted Players in individual contract negotiations with any Rugby Body and/or who required the consent of a Rugby Body for the use of a Player s image rights pursuant to a Player s Contract. 2.9 Interfered with the contractual relationship between a Player and his existing Agent. The following criteria will be taken into account when considering the application: 2.8 Appropriate secondary qualification; 2.9 Involvement in rugby, including but not limited to administration, playing, coaching and refereeing; 2.10 Involvement in another professional sport; 2.11 Appropriate courses undertaken; 2.12 Credit bureau record;
2.13 Employment with an Agent which period, or part thereof may be discounted against the compulsory one (1) year internship as a Provisionally Accredited Agent. Each candidate shall be interviewed by the board, except where the board decides otherwise 3. Representation by third parties: Practising attorneys, practising advocates (who have passed the bar examinations of the General Bar Council of South Africa) and chartered accountants have to comply with the procedures as stipulated in steps 1 to 6 of the SARU Player Agent Scheme diagram in order to be officially accredited by SARU. Immediate Family shall not be required to become Agents, but the Player shall be required to give a written mandate to the Immediate Family member and shall be sent to SARU on request.
SARU PLAYER AGENT CODE OF CONDUCT 1. I will at all times act in accordance with South African law, the IRB Bye-Laws and Regulations Relating to the Game, SARU Constitution, Regulations and Code of Conduct, decisions of SARU and regulations and decisions of SANZAR. I acknowledge that I am bound by these regulations which include any sanctions these Regulations provide for to be potentially imposed against me should I be in breach of any of its provisions. Furthermore, I will at all times and without exception act in the legitimate best interests of any Player I represent and will at all times deal with the Player and all third parties honestly, diligently and fairly. 2. I shall only represent a player with whom I have concluded the Standard Player Agent Agreement or with whom I am in the process of concluding a Standard Player Agent Agreement but with a written mandate from the Player. 3. I will at all times represent the Players for whom I am an Agent with a conscientious regard for their personal and professional welfare. 4. I shall under no circumstances perform my duties in such a manner which is detrimental to any Player for whom I act as an Agent. 5. I shall not provide materially false or misleading information to any Player, Rugby Body or SARU in the context of recruiting a Player as a client or in the course of representing a Player as his Agent and I shall take all reasonable steps required to verify information so provided as both true and correct. 6. I shall not act on information received pertaining to a Player in the context of recruiting the Player as a client or in the course of representing a Player unless I have taken all reasonable steps required to verify information so provided as both true and correct. 7. I shall ascertain whether the Player is a South African citizen and if not, whether the Player is in possession of all the required documents and/or permits from the relevant Governmental departments and advise a prospective employer Rugby Body accordingly.
8. I will act in a professional manner and with honesty and integrity towards each Player whom I represent and give each Player a complete and truthful account of all negotiations, dealings and other matters conducted by me with a Rugby Body or SARU. 9. I will not offer money or material goods directly, discounts or any benefit through any third party to or for any Player so as to induce him to sign a Standard Player Agent Agreement with me. 10. I will not approach a player who has not yet reached the age of eighteen (18) years to sign a Standard Player Agent Agreement, or any other agreement with the same objects, with me or any Agent working for me or who is in association with me. 11. I shall not be allowed to enter into an agreement with a player between the age of 16 and 18 years and his parent or legal guardian in terms whereof: 11.1 I will receive any form of remuneration, including commission; 11.2 the player will have obligations emanating from the Agreement; 11.3 I have an option to enter into a Standard Player Agent Agreement when the player becomes 18 years old; 11.4 the duration of the agreement exceeds two (2) years; 11.5 the termination date of the agreement extend beyond the day the Player turns 18 years of age; or 11.6 such agreement place any obligation on the Player after reaching the age of 18 years, including but not limited to an undertaking, promise, agreement, or an option to enter into a Player Agent Agreement. 12. I will not conceal or withhold any information from any Player whom I represent which relates to that Player s employment, commercial opportunities or the Player's individual contract negotiation.
13. I will not agree to act as an Agent for a Player where that Player is represented by another Agent: 14. When I establish that a Player is contracted to another Agent, I shall refrain from doing anything which could potentially harm or negatively influence the relationship between the Player and his Agent. 15. Before entering into a Standard Player Agent Agreement with a Player I will disclose in writing to the Player any arrangement, understanding, contract, agreement or contract of employment I have with a Rugby Body or SARU. 16. I will provide the Board or any other SARU appointed committee with all material that it deems relevant with respect to any inquiry it is making and in all other respects cooperate fully with the Board. 17. I will comply with all provisions of the SARU Player Agent Regulations and unconditionally and irrevocably admit that I am bound to the provisions and sanctions of these provisions in as far as they are applicable to me in my capacity as an Agent. 18. I will not procure, induce, assist or encourage a Player to breach the terms and conditions of his employment contract with a Province, a Standard Player Agent Agreement and/or National (Springbok) Players Contract. 19. I will provide to each Player I represent, on or before 30 November of each year, an itemized statement covering the period 1 November of the prior year through to 31 October of the year in which the statement is represented. Such statement shall separately set out all fees charged to the Player and any expenses incurred in connection with any services performed pursuant to the Standard Player Agent Agreement. Such fees will include: 19.1 Individual player salary negotiations;
19.2 Commission earned from the utilization of the image rights of the Player including but not limited to the Player s name, image, voice, likeness, reputation, trademarks and the like; 19.3 Financial, investment, legal, tax and/or other advice to the player subject to prevailing statutory provisions; and 19.4 Miscellaneous services. 20. I will establish and maintain, throughout the period of representation, and for a period of not less than two (2) years after the conclusion of representing a Player, a comprehensive file and/or record of all services performed including but not limited to notes and memoranda regarding contract negotiations, fee and representation agreements, Player Contracts and Standard Player Agent Agreements and to deliver same to the Player on his written request. 21. I will not engage in any other activity which creates an actual or potential conflict of interest with the effective representation of a Player. 22. I recognize the sponsors of SARU (or their successor in title) and Rugby Bodies and shall not do anything which will harm or damage the relationship between SARU and its sponsors and Rugby Bodies with their sponsors. 23. I will not represent, directly or indirectly to anyone that the Board, through accreditation or any other action has endorsed or recommended me over and above other Agents. 24. I will not use the IRB, RWC Ltd, SANZAR, SARU or any Rugby Body s trademarks in connection with myself or my business in any manner other than expressly approved by them. 25. I will not act for a Player or Province in the same negotiations nor solicit or accept any fees, commissions, money or any other benefit from a Province in relation to the conclusion of a Player s Contract. However, this undertaking will not prevent me to, with the express consent of the Player I represent and which consent will be communicated in writing to the Province, have commission due and payable to me by a Player. The
commission may be subtracted from the Player s salary and paid directly to me by the Province, should the Province and the Player agree thereto. 26. I have no pending criminal charge(s) or a criminal record other than traffic violations; 27. I am not disqualified or suspended from any profession; 28. I have not misappropriated funds, or engaged in other specific acts such as embezzlement, corruption, theft, fraud, bribery or related unlawful activities which would render me unfit to serve in a fiduciary capacity on behalf of Players; 29. I have not engaged in any conduct other than stated in this clause that significantly impacts adversely on my credibility, integrity or competence to serve in a fiduciary capacity on behalf of players; 30. I am not connected to an entity or business which is in violation of the IRB Bye-Laws and Regulations Relating to the Game, SARU Constitution, Regulations and Code of Conduct, decisions of SARU and regulations and decisions of SANZAR and I will notify SARU immediately should I be aware of a violation or ought reasonably to have been aware of the violation. 31. I am aware thereof that should I breach any of the terms and conditions of this Code of Conduct, I shall be subject to the disciplinary provisions prescribed in the SARU Disciplinary and Judicial Regulations and I expressly acknowledge and consent to the jurisdiction of SARU in this regard. 32. I am also aware thereof that any violation of any of the provisions of this Code of Conduct may, in the event of a finding of guilty result in the sanctions provided for in the SARU Disciplinary and Judicial Regulations. 33. I shall not engage in any activity which creates an actual or potential conflict of interest in the effective representation of a Player. Provided that for the purposes of this clause the representation of two (2) or more Players who play in the same position shall not itself be deemed to create a conflict of interest, provided that the Agent discloses any such potential conflict of interest to the Player as soon as practicable after the Agent becomes aware of such potential conflict.
34. I shall not comment or disclose any details about Player contract negotiations whilst such negotiations are not finalized and concluded and without the prior written consent of the parties involved in the negotiations, including the employer.