JFA Intermediary Declaration

Transcription

1 JFA Intermediary Declaration To: Japan Football Association Name: Nationality/nationalities: Date of birth: (Year/Month/Day) Address:. Phone: Fax: I, in registering as an intermediary, hereby declare, and shall strictly adhere to, in accordance with the Japan Football Association (hereinafter, JFA ) Regulations on Intermediaries (hereinafter, JFA Regulations ), the following: 1. I promise that I will comply with the laws and ordinances of Japan and of other countries, as well as the statutes and regulations of JFA, J.League, associations, confederations, and FIFA in carrying out my activities as an intermediary. 2. I consent that my activities as an intermediary shall be bound by the laws and ordinances of Japan and of other countries, as well as the statutes and regulations of JFA, J.League, associations, confederations, and FIFA. 3. I declare that, prior to concluding an intermediary contract with players or clubs, I shall be registered with JFA as an intermediary pursuant to the procedures prescribed in the JFA Regulations. 4. I promise that I will not be involved in a transaction (player contract or transfer agreement) before I am registered as an intermediary. 5. I understand and affirm that I do not have any authority to represent a juristic act for the 1 / 6

2 client and that my act does not vest in the client. 6. I understand that my authority as an intermediary shall be limited to ordinary negotiations in connection with a transaction (player contract or transfer agreement) within the scope prescribed in the JFA Regulations, and I promise that I will not conduct any acts that go beyond the scope of ordinary negotiations. 7. I promise that I will not be involved in the contractual negotiations and that I shall scease the negotiations immediately if the negotiation concerned involves disputes or if the occurrence of dispute is reasonably foreseeable. 8. I declare that currently I do not hold any position of Official, staff, committee member, referee, coach of FIFA, confederations, JFA, J.League, clubs, associations, regional football associations, prefectural football associations, or federations, or others holding similar duties or positions. I promise that I will not have such position during the period when I am registered as intermediary to JFA. 9. I declare that I do not fall under any of the followings: (1) A person sentenced to imprisonment or heavier punishments; (2) A person sentenced to punishment equivalent to the preceding item by a foreign court; (3) A person who has performed an act that infringed penal laws (excluding crime of negligence and violation of traffic laws); (4) A member of a crime group specified in Article 2, Paragraph 1, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group, a member of other violent groups, an equivalent person, or a person who conducts transactions with such persons; (5) A member of a group that has committed or a group at risk of committing a terroristic subversive activity specified in Article 4 of the Subversive Activities Prevention Act, an equivalent person, or a person who conducts transactions with such persons; (6) A member of a group subject to the Act on Punishment of Organized Crimes and Control of Crime Proceeds, equivalent person, or a person who conducts transactions with such persons; (7) A person listed in the Specially Designated Nationals (SDN) List of the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury, the United Nations Consolidated List, or sanctions lists of other government agencies and organizations; and (8) A person other than those in the preceding items whom JFA deemed is not proper for negotiating for players or clubs. 2 / 6

3 10. I promise that I will swiftly notify JFA if, in the future, I fall under any of the items in the preceding paragraph. 11. I declare that I and the organization which I am belonging to (hereinafter, my company ) do not currently have and will not conclude in the future any contracts that could lead to a potential conflict of interest, whether directly or indirectly, with clubs, J.League, JFA, associations, confederations, or FIFA. I also promise that I and my company will not imply, directly or indirectly, to players and clubs that a contractual relationship of any kind exists with J.League, JFA, associations, confederations, or FIFA. 12. I promise that I will not accept, either from clubs or players, any kinds of payment or compensation arising from the transfer of a player, such as Transfer Compensation, Training Fees (of JFA rule), Training Compensation (of JFA rule), Training Compensation (of FIFA rule), and Solidarity Contribution (of FIFA rule) 13. I promise that I will not conclude Intermediary Contracts with players under the age of 16. I also promise that I will not make contact with players under the age of 16 with the intention of concluding a contract in the future. 14. I promise that I will not accept or demand any payment from anyone if the client player is under the age of I promise that I will not take part in, either directly or indirectly, or be associated with, betting, gambling, lotteries and similar events or transactions connected with football matches. I promise that I will not have any stakes, either actively or passively, in companies or organizations that promote, broker, arrange, or conduct such events or transactions. 16. I promise that I will disclose to JFA the full details of any payment of whatsoever nature made to me by a club or a player. 17. I promise that I will disclose to JFA, J.League, associations, confederations and FIFA all contracts, agreements, other relevant documents and records in connection with my activities as an intermediary. Upon the request of JFA, J.League or other authorities, I promise that I shall collect and submit to JFA such relevant documents from third parties who have co-worked with me or assisted me in the transactions. 18. I consent that JFA will hold and process the data concerning my activities as an intermediary and will disclose such data to the public pursuant to the JFA Regulations. 3 / 6

4 19. I consent that JFA will publish details of any disciplinary sanctions taken against me and informing FIFA. 20. I acknowledge and consent that all documents concerning me, including this declaration, shall be made available to various parties within JFA. 21. I consent that JFA may conduct investigations in relation to my intermediary registration. Then, I declare that I will fully accept the JFA s decision if JFA reject or remove my intermediary registration as a result of the investigation. Then, I consent that JFA will not state any reason for that rejection or removal and I promise that I will not request JFA to disclose the reason for the rejection or removal. 22. I understand and acknowledge that the maximum duration of the Intermediary Contract concluded with players or clubs shall be two years, and that Intermediary Contract including clauses which can automatically renew the contract or extend the duration of the contract shall be prohibited. I promise that I will not conclude any Intermediary Contracts with more than two years duration or any Intermediary Contracts which can be automatically renewed or extended. 23. I promise that I will swiftly report to JFA if the Intermediary Contract I concluded with players or clubs has terminated prior to the expiration of the contract period. 24. I acknowledge and understand that remuneration for my intermediary activities must be paid to me directly by the client (club or player). I promise that I will not demand anyone other than my direct client to pay such remuneration and shall not accept such payment. 25. I understand that, if I am serving for one party to a transaction, I am prohibited from serving for its counter party to the same transaction even if I obtain prior consent of the players or clubs concerned. Then, I promise that I will not do such conduct. 26. I understand that I am prohibited from serving for the counter party to the transaction in which another individual belonging to my company is being involved as an intermediary for one party even if I obtain prior consent of the players or clubs concerned. Then, I promise that I will not do such conduct. 27. I promise that I and my company will not have any interests in clubs (including but not limited to shareholder s rights), in full or in part, either directly or indirectly. 4 / 6

5 28. I promise that I and my company will not provide, either directly or indirectly, any interests, economic profit, services, or preferential treatment to non-client players or clubs, officials or staffs of clubs, or head coaches, in connection with a transaction (player contract or transfer agreement), and will not make such offers. 29. I promise that I will not have either any rights concerning the registration or transfer of players or any economic rights of players (including but not limited to rights concerning transfer compensations arising from players future transfer and rights concerning the players image rights), either directly or indirectly. 30. I promise that I will always negotiate contracts in good faith and will not give any facts that are false, cause misunderstanding, or are misleading during the contractual negotiations. 31. I promise that I will not conclude any player contracts or transfer agreements which are attached with a condition precedent that a player concerned shall conclude an Intermediary Contract with a specific intermediary. 32. I promise that I will not make contact with a player with a view to terminate a player contract prior to its expiration or to oblige the player to breach his duty stipulated in the player contract. I consent that, if I am involved in the player s breach of his duty without just cause, I shall be presumed to have induced the player to commit the breach of his duty. 33. I will not demand unreasonable compensation to the client (player or club) even if the Intermediary Contract was terminated prior to its expiration. 34. I promise that I will not carry out the following acts either myself or by using third parties: (1) To make a violent demand; (2) To make an unreasonable request that surpasses legal responsibility; (3) To use threatening language or behavior or use violence in connection with a transaction; (4) To undermine the other party s trust or interfere with the other party s work by spreading rumors, using fraudulent means, or exercising power; and (5) To conduct other acts equivalent to the preceding items. 35. If I or my company will conclude or have already concluded a representation contract, management contract, or other contracts with a head coach, coach, officer or staff of a club (hereinafter, head coach or others ), I will swiftly report this contractual relationship to JFA and will disclose the details. 5 / 6

6 36. When I, another intermediary belonging to my company or my company has concluded any kinds of contract with a club s Head Coach or Others, I promise that I will not exercise undue influence on the basis of the existence of this contract and will not induce a player to conclude an Intermediary Contract with that intermediary on the basis of the existence of this contract during the contractual negotiations with the club conducted for a player. 37. I consent that I shall be subject to the jurisdiction of JFA for an indefinite period. 38. I affirm and declare that no false information is contained herein. In the event that the information contained herein is false, or in the event that I breached what I declared herein, I consent that JFA will impose on me disciplinary measures. 39. Remarks and observations which may be of potential relevance: I make this declaration in good faith, declare that the information contained herein is true, and agree that JFA shall be entitled to undertake such checks as may be necessary to verify the information contained in this declaration. I will also notify JFA immediately in the event that any of the above-mentioned information changes after submitting this declaration. Date: Name: Signature: 6 / 6