The Legal Nature of Sports Agent Representation
Georgian legislation knows no separate contract type for sports agents — agent representation fits entirely within the mandate framework of the Civil Code. Article 709 of the Code provides that, under a contract of mandate, the mandatary is obliged to carry out one or several legal acts entrusted to it, in the name and at the expense of the mandator. In sports practice this means that the agent conducts transfer, sponsorship and other negotiations in the athlete's name and at the athlete's expense, and the legal consequences of those acts pass directly to the athlete. The scope of the entrusted acts is therefore decisive: the contract itself must define what has been entrusted and within which limits, clearly and unambiguously.
The Agent's Duty to Follow the Athlete's Instructions
Article 712 of the Civil Code obliges the mandatary to follow the instructions of the mandator. Practically, this means the agent cannot substitute the athlete's will with its own judgment: the terms of a transfer, the threshold of acceptable conditions, or the decision not to negotiate with a particular club at all are the athlete's instructions, and the agent is bound by them. Deviation from the instructions is permissible only where, in the circumstances, the agent may presume that the athlete, knowing the state of the matter, would have approved such a deviation. Even then, the agent must notify the athlete before deviating and await the athlete's decision, unless the delay would expose the athlete to a risk of harm. Moreover, where following the instructions could cause significant harm to the athlete, the agent may perform them only after informing the athlete of the risk — and only if the athlete nonetheless leaves the instructions unchanged.
The Duty to Inform and to Render an Account
Article 713 lays down the agent's information duties: the mandatary must give the mandator the necessary information and, upon request, provide updates on the progress of the mandate; after completion, it must render an account. The athlete is entitled to know how the activity carried out in his or her name and at his or her expense is proceeding. The law adds a significant formal requirement: an agreement that would restrict or exclude these duties of the agent in the future requires written form — an oral side arrangement to that effect is ineffective. For the athlete, this rule is a control instrument deserving the same attention as the fee clauses.
Article 714 provides that the mandatary may not disclose facts known to it in the course of its activity whose confidentiality the mandator has a legitimate interest in preserving, unless a legal duty of disclosure exists or the athlete grants permission. On the sports market the value of this duty is especially high: transfer plans, medical information, contract terms, or the details of negotiations with clubs often carry material and reputational value, and their leakage harms the athlete directly. It is equally essential that the duty of non-disclosure survives the end of the contractual relationship — parting ways with an agent is not a licence to disclose.
Reimbursement of Expenses and Advances
Article 717 governs the financial side of representation: the mandator — here, the athlete — must reimburse the agent for the necessary expenses incurred in carrying out the entrusted act. At the same time, no claim for reimbursement exists where the expenses are to be covered by the remuneration: the agent's commission, where fixed in the contract, constitutes that remuneration and ordinarily covers ordinary expenses as well. The law gives the agent an additional tool: it may demand an advance from the athlete for expenses that will later be reimbursable.
Termination at Any Time and Its Consequences
Article 720 contains one of the most practically significant rules: either party may terminate the mandate at any time, and any agreement waiving this right is void. Termination nonetheless has consequences. If the agent terminates at a moment when the mandator was deprived of the possibility of securing its interests otherwise, the agent must compensate the harm caused by the termination, unless it had a significant ground for doing so. If the athlete terminates, the athlete must reimburse the agent for all necessary expenses incurred in performing the entrusted act and, where the contract was for remuneration, pay that remuneration proportionally to the work performed.
Frequently Asked Questions
We answer the most frequently asked questions below.
Can an athlete terminate the agent's contract at any time?
Yes. Under Article 720 of the Civil Code either party may terminate the mandate at any time, and an agreement to waive this right is void. The athlete reimburses the agent's necessary expenses and, under a remunerated contract, pays the remuneration proportional to the work performed.
When may the agent deviate from the athlete's instructions?
Only in a narrow case. Under Article 712, deviation is allowed where the agent may presume from the circumstances that the athlete, knowing the state of the matter, would have approved it; the agent must notify the athlete in advance and await the decision unless delay creates a risk of harm.
Does confidentiality survive the end of the contract?
Yes. Article 714 expressly states that the duty not to disclose facts exists after the contractual relationship has ended, for all facts whose confidentiality the athlete has a legitimate interest in preserving.
How We Help on Legal.ge
The Legal.ge team works on every legal aspect of sports representation: we draft and review mandate agreements, describe the scope of the entrusted acts precisely, fix the information and confidentiality conditions, and assess the consequences of termination. If your relationship with an agent has become doubtful or you intend to exit the contract, contact us on Legal.ge and we will assess your rights and plan the next step.