Niken Astiningrum (S3694534)
Seminar Contracts Law 2019 – 1st Assignment
REPRESENTATION AGREEMENT
This Representation Agreement (hereinafter referred to as the “Agreement”) is made and entered
on this day, Friday, dated 11th October 2019, by and between the following parties:
1. JULIA ANDERSON, private person, British citizen, having her address at [●], holder of
British passport number [●] (hereinafter referred to as the “First Party”); and
2. BEN STOKES, private person, British citizen, having his address at [●], holder of British
passport number [●] (hereinafter referred to as the “Second Party”).
The First Party and the Second Party shall be collectively referred to as the “Parties” and
individually as a “Party”.
WHEREAS
A. The First Party is a bowler for the English cricket team who intends to negotiate a contract
with the English Cricket Board (hereinafter referred to as the “ECB”).
B. The Second Party is a person who has the capability to negotiate a contract for athletes
with their employers as their representative as well as manage the athletes’ schedule
according to the contract.
C. The Parties agree to work together in which the Second Party will negotiate the First
Party’s contract(s) with the ECB and in return the First Party shall provide remuneration for
the Second Party for the service he provides, in accordance with the terms and conditions
set out in this Agreement.
Given the abovementioned matters, the Parties hereby agree to enter into this Agreement with the
terms and conditions as follows:
ARTICLE 1
PURPOSE AND OBJECTIVE
The purpose and objective of this Agreement is to set out the terms and conditions regarding the
representation to be made by the Second Party for the First Party in negotiating the First Party’s
contract with the ECB.
ARTICLE 2
REPRESENTATION FOR CONTRACT NEGOTIATION
2.1 The Parties agree that the Second Party shall be obliged to represent the First Party’s
interest in negotiation of contract(s) between the First Party and the ECB during the term
of this Agreement (hereinafter referred to as the “Representation”).
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2.2 For the Representation, the Parties agree that the First Party shall pay the Second Party
the sum of 5% (five percent) of the amount that the First Party receives on the first year
under the contract to be signed between the First Party and the ECB.
2.3 If the contract signed between the First Party and the ECB is not re-negotiated after the
first year since its execution, the Second Party is entitled to receive remuneration in the
amount of 2% (two percent) for the subsequent year.
2.4 The Second Party agrees to use his best effort to secure a “Grade A” (highest paid) contract
for the First Party with the ECB.
2.5 The First Party agrees to have regular medical check-ups and provide the Second Party the
reports which will be used in the Representation.
ARTICLE 3
VALIDITY OF THE AGREEMENT
The Parties agree that the Agreement shall be effectively valid on the date it is signed by the
Parties until:
(a) all of the contract(s) between the First Party and the ECB is terminated; OR
(b) the 20th (twentieth) day since it is terminated by either of the Parties in written notice.
ARTICLE 4
REPRESENTATIONS AND WARRANTIES
Each Party hereby warrants that:
(a) it has full authority to bind itself in this Agreement and to perform all duties in accordance
with the provisions of this Agreement.
(b) all information delivered to each Party in connection with this Agreement is true and
accurate in any case.
Article 5
MISCELLANEOUS PROVISIONS
5.1 Entire Agreement.
This Agreement constitutes the entire agreement of the Parties hereto with respect to the
subject matter hereof and shall supersede all prior agreements or arrangements, with
regard to the matters set out herein.
5.2 Amendment.
No amendment to this Agreement shall be binding upon any Party hereto unless it is in
writing and is signed by each of the parties.
5.3 Governing Law.
This Agreement shall be governed by and interpreted in accordance with the laws of the
United Kingdom.
5.4 Confidentiality.
Each of the Parties undertakes that it shall not copy or divulge, communicate or make
accessible to any third party (except as may be necessary for a Party to perform its
obligations hereunder or as may be required by law) nor use for its own purpose any
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information about the Representation (except such information previously known to or as
may have come into public knowledge other than by a breach of this undertaking).
5.5 Settlement of Disputes.
All disputes arising out of or in connection with this Agreement shall be referred to and
finally resolved in Central London County Court.
5.6 Severability.
If the laws or a court shall determine, for any reason, that any provision of this Agreement
is invalid, illegal or unenforceable, such determination shall not affect or impair the
validity, legality or enforceability of the remaining provisions of this Agreement.
5.7 Expenses.
Each Party shall bear its own costs and expenses of and incidental to the negotiation,
preparation and execution of this Agreement.
5.8 Notices.
All notices, requests, demands and other communications made or given under the terms of
this Agreement or in connection herewith shall be in writing and shall be either personally
delivered or delivered by postage prepaid registered mail or transmitted by facsimile or
sent by electronic mail, and shall be addressed to the appropriate Party at the address set
forth below or to such other address as each such Party may from time to time designate by
notice to the other Parties.
If to the First Party:
[●]
[●]
E-mail : [●]
If to the Second Party:
[●]
[●]
E-mail : [●]
5.9 Counterparts.
This Agreement may be signed in any number of counterparts, all of which when taken
together shall constitute one agreement and a Party may execute this Agreement by signing
any counterpart.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and delivered by
their duly authorized officers as of the day and year first above written.
JULIA ANDERSON BEN STOKES
________________________ ________________________
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