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Arena Football League Players Union Criticized For Withholding Information From Player Agents

The Standard Player Contract provided to players who will play in the Arena Football League (AFL) in 2013 contains an addendum titled, “Authorization for Deduction of Union Dues or Agency Fees.”  It allows the AFL or agent of AFL to deduct from a player’s weekly compensation the amount equal to the “initiation fee, dues and assessments” required for membership in the AFL players union (AFLPU).

[Document: 2013 Arena Football One, LLC Standard Player Contract]

One agent informed Sports Agent Blog that he is hearing the “Initiation Fee” will be $275, which is a sizable amount considering the extremely low salaries earned in Arena Football (most players earn less than $800 per game).  Further, dues are predicted to be roughly $50 per game.  However, neither the amount of the Initiation Fee nor the union dues have been set forth in the AFL Standard Player Contract, which leaves agents guessing as to the true amounts that will have to be taken out of their clients’ paychecks.

That same agent told Sports Agent Blog that he has been advising his AFL clients to only play for teams in the Right to Work states, where they cannot be compelled to join the players’ union.  The Right to Work states that have AFL teams are: Texas, Utah, Florida, Iowa, Louisiana and Arizona.  Playing in one of these states, and refusing to join the AFLPU, can make a big difference to an AFL player’s bottom line.

In addition to the concern of basically creating a situation where players are agreeing to sign a blank check to the union for currently undisclosed Initiation Fees and union dues, there was rumor circulating that the AFLPU will establish an Agent Certification Program for agents interested in representing AFL players, and that the union will charge a fee of $700 to become a registered agent with the AFLPU.  That rumor was partially correct.  Ivan F. Soto, Executive Director of the AFLPU, confirmed that a certification program will be implemented, but that the agent fee will be $500 per year instead of the $700 that was being floated by agents.  However, there will also be a $250 initial application fee.  Yearly fees will be reduced if the agent is also certified by the NFLPA and/or the CFLPA.

[blackbirdpie url=”https://twitter.com/ISotoAFLPU/status/269225091433365505″]

Any fee would likely prove to be very harmful to players, as a large number of agents representing AFL players refuse to charge a commission to their clients for services rendered (it is too hard for them to justify when their clients are earning so little money from the league).  If forced to pay an initial and yearly fee, agents may determine it is not worth their while to represent players in the AFL.

On November 15, a public debate between football agent Mook Williams of Symmetry Sports and Executive Director Soto was held on Twitter.  If you have some time, I highly suggest you comb through the entire Twitter transcript.  The main takeaway is that Williams persistently (and professionally) pressed Soto to reveal the “initiation fee, dues and assessments” contemplated by the 2013 Standard Player Contract to no avail.  Soto refused to provide the information after a lengthy back-and-forth.  Other agents and interested parties chimed in, but the conclusion to the conversation was a non-disclosure of such information.

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.