The Legal Basis of Athlete Representation
An athlete's representative — agent, manager or advocate — conducts negotiations, concludes contracts and performs other business acts in the athlete's name. The Georgian Civil Code regulates this relationship through the norms of the contract of mandate. Under Article 709, under a contract of mandate the mandatory is obliged to perform one or several entrusted acts in the name and at the expense of the mandator. For an athlete this means: the agent acts in the athlete's name, but both the benefit and the cost of the transaction belong to the athlete. It is precisely this construction that determines every subsequent rule of representation — from the duty to follow instructions to the return of everything received.
The Agent's Duty to Follow the Athlete's Instructions
Article 712 governs deviation from the mandator's instructions. The mandatory is obliged to follow the mandator's instructions — this rule operates with full force in sports representation: the agent negotiates with the club within the framework set by the athlete, not at his own discretion. Deviation is permissible only where, in the circumstances, the mandatory can assume that the mandator, knowing the state of affairs, would have approved such deviation. Moreover, the mandatory must notify the mandator before deviating from the instructions and await his decision, unless delay threatens the mandator with harm. Where performance of the instructions may cause the athlete significant harm, the agent may perform them only after informing the athlete of the harm and the athlete does not change the instructions. These norms subordinate the agent to the athlete's interests and give the athlete a legal instrument of control.
Return of What Was Received, and Interest
Article 715 defines the mandatory's accountability: he must return to the mandator everything received for the performance of the entrusted act and not used for it, as well as everything acquired in connection with that performance. In sports practice this means: an advance from a club, a sum under an endorsement contract, or any property transferred to the agent for the assignment and not used for it must be returned to the athlete. Where the mandatory uses for himself money that he should have returned to the mandator or used for the mandator's benefit, he must return the money together with interest. This norm is the foundation of financial discipline and creates a compensation mechanism where the agent uses the athlete's funds.
Termination of the Representation Contract
Career decisions change, and cooperation often ends early. Article 720 provides that the parties may terminate the contract of mandate at any time, and any agreement to waive this right is void. If the mandatory — the agent — terminated the contract at a time when the athlete was deprived of the possibility of otherwise securing his interests, the agent must compensate the damage caused by termination, unless he had a significant reason for it. Where the athlete terminates, he must reimburse the agent all necessary expenses incurred in performing the entrusted act, and, if the contract was for reward, pay remuneration proportionate to the work performed. This balance protects both sides: the athlete's freedom to change representation, and the agent's compensation for work invested.
Planning the Representation Agreement
A detailed mandate agreement reduces the risks inherent in sports representation. It is recommended that the contract list precisely the entrusted acts — contract negotiations, transfer support, endorsement deals, conduct of legal disputes — and also fix the form and frequency of instructions, the periodicity of reporting, the method of accounting for the agent's fees, and the mechanism of mutual settlements on termination. The law gives these conditions a default framework, but the specifics of the sports market — seasonality, transfer windows, international negotiations — require details that only written fixation can provide. A well-drafted mandate is what turns loyalty from an assumption into an enforceable obligation.
Frequently Asked Questions
May an agent ignore the athlete's instructions?
No. The mandatory is obliged to follow the mandator's instructions. Deviation is permissible only where it may be assumed the athlete would have approved it knowing the circumstances, and in case of significant harm — only with the athlete's prior notification.
What must the agent return to the athlete?
Everything received for the assignment and not used for it, and everything acquired in connection with it. Money used for his own purposes — together with interest.
Can the contract be terminated at any time?
Yes, by either party; a waiver of this right is void. However, an agent terminating when the athlete has no replacement must compensate the harm, while the replacing athlete owes the agent necessary expenses and remuneration for work performed.
In whose name and at whose expense does the agent act?
In the name and at the expense of the mandator — the athlete. The consequences of transactions attach directly to the athlete, which requires prudent and balanced conduct by the representative.
How We Help on Legal.ge
On Legal.ge we assist with all matters of athlete representation: we draft the mandate agreement so that instructions, reporting and termination are unambiguous; we legally monitor the agent's acts; and we defend the athlete's interests in compensation disputes. Contact us before signing — the right form avoids conflict from the outset.