Cassius Mailula’s agent Karabo Mathang-Tshabuse has cautioned players about what to carefully consider when they choose people who are going to look after their interests, be it football or other things.
Agents play a massive role in making sure athletes have employment and are compensated accordingly.
But it seems there has been some confusion as to who works for who and who needs to have the final say on things that are critical and could have a big impact on a player’s career.
Mathang-Tshabuse, who represents some of the top and most-sought after players in the country, reckons better understanding between the two parties can ensure that athletes take charge and benefit more from their careers.
Her company P Management represents the interests of players such as Orlando Pirates star Monnapule Saleng, Kaizer Chiefs’ midfielder Yusuf Maart, Somila Ntsundwana of Richards Bay FC, Justin Shonga and others.
She recently facilitated Mailula’s deal to the money-spinning US Major League Soccer from Mamelodi Sundowns and at some point had another Pirates dangerman Thembinkosi Lorch and former Banyana Banyana player Amanda Dlamini in her stable.
Mathang-Tshabuse said the player-agent relationship is a very personal one based on trust and said players need to understand that agents are working for them and not the other way around.
“[As a player] you are telling a story with your career — and the agent’s job is to promote it,” Mathang-Tshabuse said.
“Even if you are desperate to sign a contract, remember that you will have to honour what you sign, so make sure you are comfortable with the terms. What should an athlete look out for when approached by an agent? Here are my guidelines:
“Remember that you don’t have to accept the standard terms of an agreement. If an agent approaches you, that means they want to sign you — you are sought-after, and as the client, you will be the agent’s boss. Know your worth and tailor your provisions. Agents must work in your best interests, so don’t be afraid to ask for what you want,” she said.
The agent said it is crucial athletes choose the right person for a certain job.
Be clear about your agent’s mandate. Remember, an agent can enter into legal and binding agreements in your name if you authorise them to, so make sure the negotiations always have your final and literal sign-off.
— Karabo Mathang-Tshabuse, sports agent
She advises that there’s nothing wrong with having someone who is going to look after your football interests only and another who will take care of private sponsorship and endorsement deals.
“Beware of exclusivity,” Mathang-Tshabuse said.
“A lot of agents want exclusive rights to represent an athlete, but that can bring challenges. You want to keep your options open to work with different experts, for instance a booking agent or sponsorship agent.
“Different people specialise in different fields and non-exclusivity means you can negotiate the best deals from everyone,” she said.
“In South Africa, the terms ‘endorsement’ and ‘sponsorship’ are mostly used interchangeably, but there are subtle legal differences.
“An endorsement is when a brand is so closely associated with an athlete that they are almost synonymous, for instance Michael Jordan and Nike. True endorsements are rare and unique.
“Sponsorship, on the other hand, is when a corporate funds a team or a player in return for brand advocacy. As your star rises, you will have more bargaining power — so what should you be aware of when you are approached by a brand? I advise the following,” she said.
“Make sure you are aligned with the sponsor’s entitlement and the fee you’ll get — what do they want, and what do you get? You should be clear about all the entitlements and exclusions involved, for instance, could you start your own brand? Who do they see as competitors, even if you don’t? What happens if your friend in the photo with you is wearing a competitor brand? Insist on a schedule page to the sponsorship contract that lists the details of what is allowed and expected.
“Be clear about the fee structure. How and when will you be paid? In a lump sum or per performance? Before or after?
“Look out for conflicts. Pulling out of a contract or competing with your sponsor will harm your reputation, so be open from the start about your goals.
“Include details on what will happen if you suddenly can’t perform. Be clear about modifications and amendments to your deal if you can’t meet your sponsor’s expectations, for instance if you are called up for the national team and can’t appear at a sponsor’s event. Be precise about cancellation terms and fees.”
When it comes to payments, the legal eagle and Fifa accredited agent has emphasised the need to be clear about everything and said players must negotiate the agent remuneration and it doesn’t have to be an automatic 10%.
“You can negotiate and structure your terms. If they find you a deal or if you find a deal yourself, the remuneration structures should be different,” she said.
“Also make sure you put strict payment terms in place for payments due to you, for instance, will you be paid before or after appearances, in lump sums or monthly payments? Put all the details on paper so there is always clarity around your finances.
“Be clear about your agent’s mandate. Remember, an agent can enter into legal and binding agreements in your name if you authorise them to, so make sure the negotiations always have your final and literal sign-off. That way you stay in control and the agent doesn’t have carte blanche to do whatever they want on your behalf.
“Negotiate the terms of termination. You should be able to terminate your agent’s contract for a breach or for non-performance and not just for death or injury, which are the typical agent contracts.”
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