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A Look At Arena Football League Letter Of Intent Provided To Players

Letters of intent (also known as LOIs) are often used as precursors to final long-form agreements.  They typically contain material elements that the parties agree to with clear divisions between binding and non-binding provisions contained therein.  It allows the parties to put something down on paper and move forward with a working relationship in the interest of time, while it is contemplated that a more thorough agreement will be executed at some point in the future.

I was unaware that the Arena Football League (a sub-NFL league comprised of professional football players) used Letters of Intent until I received an LOI from an agent.  A copy of the extremely short LOI is embedded at the bottom of this article, along with attached documents including a Player Biographical Information sheet, a very simple grant of publicity rights, assumption of risk/waiver of claim agreement and authorization for release of health records or medical information form.

The documents are much shorter than I am used to, and that is with the clear understanding that LOIs are meant to be brief and not overly burdensome in a way to tie up negotiations between the parties contemplated to form a business relationship.

When asked who drafted the document, a football agent whose name will remain anonymous replied, “I’d say most likely by a non-lawyer or one without much experience.”

2014 AFL Letter of Intent

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.