FIFA Contract Law & Negotiation Principles 3 — Questions and Answers
Question 1: An intermediary representing both the buying club and the player in the same transfer is engaged in:
- Subagency
- Dual representation (Correct answer)
- Novation of agency
- Silent partnership
Correct answer: Dual representation
Representing both the buying club and the player simultaneously is called dual representation and creates an inherent conflict of interest.
Question 2: Which clause in a player contract specifically limits the club's ability to transfer the player to a rival club without the player's consent?
- Exclusivity clause
- No-compete clause
- Anti-rival club clause
- Consent to transfer clause (Correct answer)
Correct answer: Consent to transfer clause
A consent to transfer clause requires the player's explicit approval before the club can sell or loan them to specified rival clubs.
Question 3: During contract negotiations, a club verbally promises to provide a car allowance but refuses to include it in the written agreement. Under the parol evidence rule:
- The verbal promise is fully enforceable
- The written contract generally supersedes prior verbal agreements (Correct answer)
- The agent can sue separately for the car allowance
- The verbal promise is enforceable only if witnessed
Correct answer: The written contract generally supersedes prior verbal agreements
The parol evidence rule generally bars introduction of prior verbal agreements to contradict or supplement a fully integrated written contract.
Question 4: A 'sell-on clause' (also called a future transfer percentage) obligates the selling club to receive a percentage of any future transfer fee. This clause typically survives how many subsequent transfers?
- Only the immediate next transfer
- Up to three subsequent transfers
- Indefinitely unless capped
- It is determined by the specific clause wording (Correct answer)
Correct answer: It is determined by the specific clause wording
The scope and duration of a sell-on clause is entirely governed by the specific language negotiated into the contract.
Question 5: Under FIFA's Regulations on the Status and Transfer of Players (RSTP), a contract signed by a player under 18 years of age is:
- Automatically void and unenforceable
- Valid if signed with parental or guardian consent (Correct answer)
- Valid only for domestic transfers
- Prohibited entirely under FIFA rules
Correct answer: Valid if signed with parental or guardian consent
Contracts with minors are valid under RSTP when the minor's legal guardian provides consent, though additional protections apply.
Question 6: The 'protected period' under FIFA RSTP Article 17 lasts for how long after a player's contract commences?
- 1 year
- 2 years for players over 28, 3 years otherwise (Correct answer)
- 3 years for all players
- 5 years
Correct answer: 2 years for players over 28, 3 years otherwise
The protected period is 2 years for players who are 28 or older at contract signing, and 3 years for younger players.
Question 7: In negotiation theory, BATNA stands for Best Alternative To a Negotiated Agreement. In player contract negotiations, understanding your BATNA helps primarily to:
- Accelerate signing timelines
- Determine the minimum acceptable offer before walking away (Correct answer)
- Calculate solidarity payments owed
- Establish the correct transfer window period
Correct answer: Determine the minimum acceptable offer before walking away
BATNA defines the walk-away point — the agent knows not to accept any deal worse than the client's best outside option.
FIFA Contract Law & Negotiation Principles 3
An intermediary representing both the buying club and the player in the same transfer is engaged in: