Accredited agent vs talent scout

In the wake of the Parktown/KES matter where two talented rugby players who are both younger than 18 moved between the schools, with Parktown using the word “agent” in their own letter describing on how events unfolded, it called into question whether or not the players could be represented by a rugby agent given their respective ages.

Well according to the SARU PLAYER AGENT REGULATIONS which can be found on the SARPA (South African Rugby Player Association) website an accredited agent must abide by code of conduct which amongst other things specifies the following in relation to himself:

Players who have not yet reached the age of eighteen (18) shall not be approached to sign a Standard Player Agent Agreement or any other agreement with the same objects with me or any agent working for me or who is in association with me.

So then what is a Standard Player Agent Agreement?

Well you can find all you need to know on page 28 here: http://main.sarpa.net/player-contracts/saru-agent-code-of-conduct/

It stars off by saying the Player is/desires to become a professional rugby player and then defines the roles and responsibilities of the parties concerned.

1.1.3 “Agent” means a natural person who is an agent or representative of a Player who represents a Player in contract negotiations with a Province and any of the other services set out in clause 2.4 of these Regulations and who has been accredited under these Regulations;

clause 2.4 in the definition above should probably read 2.5 but this is what it states:

2.5 Services covered by these Regulations

Activities of Agents which are governed by these Regulations include, but are not limited to the following:

2.4.1 the provision of representation, advice, counsel or assistance to Players with respect to the negotiation of player contracts or any other employment contracts.;

2.4.2 the execution and enforcement of Player Contracts and other related arrangements; and

2.4.3 the provision of other services to a Player including but not limited to the securing of marketing and promotional opportunities or personal endorsements and sponsorships involving the utilization of the image rights of a Player where applicable.

Back to the Standard Player Agent Agreement it defines:

1.1.10 “Player” means any person registered with a Club in South Africa to play rugby in South Africa or where applicable, a member of Team Management;

1.1.5 “Club” means a body or organization as defined in clause 1.2.7 of the Constitution of SARU;

That SARU constitution states: 1.2.7 “club” means a body or organisation which is a member of, or affiliated to, a member of SARU;

Anyway its complicated for some like myself.

I guess the burning question is: is a school a member of or affiliated to a member of SARU. If it is that would mean it is a “club” and that if its players are registered they belong to that club and therefore being under the age of 18 cannot be represented by an accredited agent. If schools are not “clubs”, then what prevents accredited agents from representing players younger than 18.

I think at this point it’s probably time for someone with more knowledge on this topic to take over.

What I do know is that typically school “agents” are referred to as a talent scouts and most often they are involved with sourcing players for Grade-8 intake at high schools and given their high levels of enthusiasm, they probably earn decent pay from providing this service. They have verbal agreements with parents but probably don’t earn a fee from helping those parents find schools able to offer sports bursaries and scholarships; so right there that relationship is way different from the one that exists between a pro player and his agent. Obviously with more and more schools now in the market for kids in age-groups above Grade-8, these talent scouts work could potentially start to overlap with the groundwork laid by accredited agents who are searching for players to represent after completing high school.

Anyway feedback from those in the know would be appreciated to help all including myself on this learning curve.