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Contract Negotiation Sports Agents Sports Law

Get It In Writing

I have not yet taken Contract Law (I still have about 1 month of freedom before I am launched into the pits of Law School hell), but I did learn some information about contracts when I took a Sports Law class while completing my undergraduate degree. I learned that there is such a thing as a verbal contract, but that it is much better to get everything in writing. I would amend that statement and suggest that if you want to be in this industry, you should get all deals in writing, and never accept a verbal agreement.

There have been successful verbal agreements in the past between an agent/client, agent/team, etc, but there are too many instances where those agreements have turned to waste. Jody Vance of SLAM! Sports looks back to the deal that Wayne Gretzky originally verbally agreed to with representative Michael Barnett of IMG [Never quite a done deal]. That ended up working out just fine, but the story goes on to reveal a recent case, where a hand shake was not good enough to keep promises.

The Edmonton Oilers believed that they were going to sign free agent Michael Nylander because his agent, Mike Gillis, said that the terms of the agreement were acceptable. The problem was that the Oilers assumed that they had Nylander when Nylander never actually signed a contract. The same situation can occur in a player/agent relationship. An agent may believe that he/she has locked up a client, but until the standard representation agreement has been signed and a copy has been obtained by both parties, there is really no principal/agent relationship.

Moral of story: make sure to get everything in writing!

-Darren Heitner

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

2 replies on “Get It In Writing”

Employment contracts that cannot be performed in one year are required to be in writing so as to satisfy the Statute of Frauds.

See Hopper v. Lennen & Mitchell, Inc., (C.C.A. 9th, 1944) 146 F.2d 364, inter alia. Furthermore, I believe most states codify the common law Statute of Frauds. After a brief search on lexis nexis this is confirmed: see Cal. Civ. Code (1941) Section 1624.

We all remember the Ted Williams frozen head situation. For an interesting article on the situation surrounding this written contract check out:

http://www.wfu.edu/~chesner/Evidence/Linked%20Files/Additional%20Assigned%20Readings/ted.williams.htm

Go Red Sox.

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