Excitement that comes when a footballer gets a contract from a club is so surreal but doesn’t mean it should erode the common sense of reading the contract or at least looking out for some key things beyond salary before signing it. Most times players will rush to sign the contract before reading it because they have probably been waiting as eternity for it or they don’t want it to be withdrawn (some clubs imply this and other times are explicit about it). Sometimes it might not even be any these factors but the agent trying to make sure they accomplish the transfer ASAP, and so they will just make sure the player pens it. There is so much danger in such, which is why it is important to calm down before signing a contract.
When a player receives a contract whether directly or through their agent, there are some key contractual clauses they should look out for before signing it. Lack of these key clauses is often times the root of contractual disputes that end up frustrating the player and to extremes cripple their careers;
Duration of the Contract; The first instinct from the player or agent would be “but we agreed on the duration when we spoke so no need to look for this in the contract…” However, there is no such things as a gentleman’s contract. If the verbal agreement was two years, it is important to check in the contract for this time and when it starts and ends. It is important as this can be a root to a contractual dispute. The clause must be very clear on how long the contract will be in force and when the contract comes into force which will often times before different from the date of signing the contract.
Unilateral Extension Clause; The player needs to verify if there is s such clause of extending the contract and under which conditions. It is important to note that no contract automatically extends beyond its duration time and also that the player needs to be informed about any possible extension in reasonable time before the expiration of the contract and are under no obligation to extend the contract if they don’t wish to.
Transfer and Loan Provisions; the contract must be clear on the buy-out clause and also the terms and conditions of a loan transfer. The player is not obliged to accept a transfer on loan.
Termination Clause; the contract must be clear on when the contract may be terminated under just cause and also when it might be terminated without just cause such under force majeure circumstances, the clause must also state when notice of termination must be served. The conditions set out here do not remove the statutory rights that already exist in the FIFA RSTP.
Amount of Salary, Bonuses, Payment Date and any Conditions; It is important to verify the exact amount to be paid as salary and when it will be paid. There should be a clause as to the bonuses and conditions under which they will be paid. Additionally, the contract must also be clear on if the player will be paid when they get injured. A player mustn’t assume these facts.
Taxes and Obligations; This is a very important aspect; the contract be clear on who incurs the taxes and other regulatory deductions.
Dispute Resolution and Applicable law; This is one of the key clauses that must never miss in a contract. The contract must have a clause very explicit on how any dispute arising from the contract may be resolved and the law that applies. The contract must also be clear about the applicable law.
A footballer should never sign a contract without understanding its terms. Players should read the contract carefully, seek independent legal advice where necessary, and ensure all promises made during negotiations are included in writing. Agents also have a responsibility to ensure players understand what they are signing. Securing a contract is an achievement, but understanding its terms is essential to protecting a player’s career.