A pre-contract is an agreement between a club and a player that stipulates the player’s transfer obligations following the expiration of his or her current contract.
The player is eligible to join their new club without delay following the contract’s expiration. A tribunal may be convened on occasion to determine, if applicable, a specific fee to be paid to the player’s former club. In this article, Footballer Pre-Contract, we take a look at the roles and responsibilities involved.
Free Initial Telephone Discussion
For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of Football Contracts, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
When can a pre-contract be entered into?
Up to six months prior to the expiration of a prior agreement, discussions may be initiated. This rule was established in accordance with the 1995 Bosman decision concerning the freedom of movement rights of professional footballers.
A player who is nearing the expiration of their contract can now sign with another club without incurring any transfer fees.
According to FIFA regulations, in order to engage into contract negotiations with a professional, a club must provide written notice to the player’s current club of its intention to do so.
In order for a professional to be eligible to enter into a contract with another club, their current club contract must have expired or be nearing its expiration within a period of six months. Any breach of this provision shall be subject to appropriate sanctions.
Can Pre-Contract agreements be signed between a player and a different team from the same league?
With regards to discussions regarding a prospective change of club, the six-month rule applies to teams operating outside the player’s country of residence at the time.
Therefore, Premier League players are restricted to discussions with interested parties based in countries other than England, where the same regulations hold true, including Spain, Italy, Germany, and so forth.
In order to initiate negotiations for a free agent transfer from one English club to another, the player in question must have entered into the final month of their previous contract. This effectively postpones the commencement of negotiations until the conclusion of the current season.
This is due to the fact that individual football associations, and not the international regulatory body FIFA, oversee domestic transfers.
In order to prevent any potential conflicts of interest between clubs operating under the jurisdiction of the English Football Association (FA), inter-competition free agent agreements during the middle of the season are prohibited.
Are Pre-Contracts legally binding?
The specific provisions of the agreement will determine whether a pre-contract is binding. Pre-contracts are typically deemed “Subject to Contract” and, as such, lack enforceability under English law. Rather, they signify a mere undertaking by the involved parties to engage in a subsequent contractual agreement. A pre-contract is distinct from a contract in that the fundamental terms have not been agreed upon by the parties; therefore, the pre-contract does not reflect the final agreement. Conversely, in the event that a pre-contract encompasses every agreed-upon term of substance, it assumes the nature of a final contract and is likely to become legally binding.
FIFA’s Dispute Resolution Chamber (‘DRC’) has been tasked with determining whether a pre-contract is legally binding when a dispute arises between a club and a player on multiple occasions. In general, the DRC has determined that a pre-contract is legally enforceable if it includes critical provisions like the contract’s duration, compensation, and additional benefits. In addition, the DRC considers whether or not the pre-contract has been implemented. The DRC has been reluctant to find that a pre-contract is enforceable if it has been terminated prior to its due date. However, if the parties have commenced performing their pre-contract obligations prior to any termination, this is typically sufficient evidence to establish that the parties intended to be bound by the pre-contract’s terms.
Parties have made efforts to absolve themselves of the responsibilities outlined in a pre-contract by asserting that the pre-contract’s validity was contingent on the player’s satisfactory completion of a medical examination or acquisition of a work permit. Article 18(4) of FIFA’s Regulations on the Status and Transfer of Players 2012 prohibits the validity of a contract between a club and a player “subject to a successful medical examination and/or the issuance of a work permit.” The DRC, on the other hand, has refuted each of these arguments.
How we can help
We have a proven track record of helping clients deal with the process involved in the various aspects of footballer contracts and pre-contract agreements. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of sports law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/sports-law/
How to Contact Our Sports Solicitors
It is important for you to be well informed about the issues and possible implications of dealing with the many aspects of signing a pre-contract agreement. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Sports solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
Comments are closed.
