Common use of Independent Agreements Clause in Contracts

Independent Agreements. (a) Subject to clause 12(c), bona fide commercial arrangements between a Player or an Associate of a Player and: (i) a Sponsor of an AFL Club which has no connection to the Club Sponsorship; or (ii) an Associate of an AFL Club (other than a Sponsor) which has no connection to the Associate’s relationship with the AFL Club; and which comply with the provisions of clause 12(b), may be approved by the AFL General Counsel in his absolute discretion and if so, payments in respect of such arrangements shall not be included in the AFL Club’s Additional Services Agreement limit set out in clause 11.1(b) or included in the AFL Club’s Total Player Payments. (b) When a Player or an Associate of a Player proposes to enter into an Independent Agreement with an Associate of the AFL Club the Player is listed with, the Player must: (i) submit all relevant details, as may reasonably be required, to the AFL General Counsel in accordance with the Rules; and (ii) notify the AFL Club of the general nature of the proposed arrangement, prior to the date of the proposed commencement of the commercial arrangement. In the event that the AFL General Counsel approves such an Independent Agreement under clause 12(a), such approval shall apply for the initial term of that commercial arrangement. (c) The provisions of clauses 12(a) and 12(b) do not apply to pre-existing agreements that were entered into prior to the date the relevant sponsorship of the AFL Club commenced or a renewal or continuation of those agreements. (d) The AFL will not reject an agreement that otherwise meets the criteria of an Independent Agreement solely on the grounds that a party (other than the Player or Associate of a Player) to that agreement has separately negotiated the right to use Club Intellectual Property with the AFL in connection with the subject matter of that agreement, provided that party has the right to use Club Intellectual Property and the AFL approves. (e) If the AFL fails to advise the Player of its decision on an Independent Agreement within 28 days of the date of the submission of all relevant materials pursuant to clause 12(b)(i), the request shall be deemed approved. (f) AFL Clubs shall promptly advise their Players of all of the Club’s Sponsors by 15 February each year where possible and update them of any new sponsorships during the year as soon as practicable and each Player shall advise that Player’s Club of any agreement the Player has with the Club’s Sponsors (including AFL Club Protected Sponsors).

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Independent Agreements. (a) Subject to clause 12(c), bona Bona fide commercial arrangements between a Player or an Associate of a Player and: (i) a Club Sponsor of an AFL Club which has no connection to the Club Sponsorshipsponsorship; or (ii) an Associate of an AFL a Club (other than a Club Sponsor) which has no connection to the Associate’s relationship with the AFL Club; , and which comply with the provisions of clause 12(b10(b), may be approved by the AFL General Counsel in his their absolute discretion discretion, and if so, payments in which case would be deemed Independent Agreements. Payments in respect of such arrangements shall will not be included in the AFL Club’s Additional Services Agreement limit set out in clause 11.1(b) limits or included in the AFL Club’s Total Player PaymentsPayments limits. (b) When a Player or an Associate of a Player proposes to enter into an Independent Agreement with an Associate of the AFL Club the Player is listed with, the Player must: (i) submit all relevant details, as may reasonably be required, to the AFL General Counsel in accordance with the AFL Rules; and (ii) notify the AFL Club of the general nature of the proposed arrangement, prior to the date of the proposed commencement of the commercial arrangement. In the event that the AFL General Counsel approves such an Independent Agreement under clause 12(a), such approval shall apply for the initial term of that commercial arrangement. (c) The provisions of clauses 12(a) and 12(bclause 10(b) do not apply to pre-existing agreements that were entered into prior to the date the relevant sponsorship of the AFL Club commenced or a renewal or continuation of those agreements. (d) The If further information is reasonably required by AFL in respect of an Independent Agreement, the Player must use best endeavours to provide the information within a reasonable timeframe and by no later than 28 days of receiving such a request. (e) AFL will determine if the Independent Agreement is bona fide and commercial in accordance with AFL Rules and, without limiting AFL Rules, AFL may have regard to an AFLW Player’s Tier to determine whether an Independent Agreement is bona fide and commercial. (f) AFL will not reject an agreement that otherwise meets the criteria of an Independent Agreement solely on the grounds that a party (other than the Player or Associate of a Player) to that agreement has separately negotiated the right to use Club Intellectual Property with the AFL in connection with the subject matter of that agreement, provided that party has the right to use Club Intellectual Property and the AFL approves. (eg) If the AFL fails to advise the Player of its decision on an Independent Agreement within 28 days of the date of the submission of all relevant materials pursuant to clause 12(b)(iclauses 10(b)(i) and 10(d), the request shall will be deemed approved. (fh) AFL Rules with respect to Independent Agreements will apply unless expressly approved by AFL. (i) Clubs shall will promptly advise their Players of all of the Club’s AFL Sponsors by 15 February and AFLW Sponsors by 28 July each year where possible and update them of any new sponsorships during the year as soon as practicable and each Player shall will advise that Player’s Club of any agreement the Player has with the Club’s Sponsors Sponsors. (including j) AFL Club Protected Sponsors)will, by 1 March 2024, review the administrative process associated with lodging Independent Agreements with the objective of streamlining processes and reducing administrative time and effort required from the Player and Accredited Agent. This may include transition from a manual to system-based process.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Independent Agreements. (a) Subject to clause 12(c), bona fide commercial arrangements between a Player or an Associate of a Player and: (i) a Sponsor of an AFL Club which has no connection to the Club Sponsorship; or (ii) an Associate of an AFL Club (other than a Sponsor) which has no connection to the Associate’s relationship with the AFL Club; and which comply with the provisions of clause 12(b), may be approved by the AFL General Counsel in his absolute discretion and if so, payments in respect of such arrangements shall not be included in the AFL Club’s Additional Services Agreement limit set out in clause 11.1(b11.2(b) or included in the AFL Club’s Total Player Payments. (b) When a Player or an Associate of a Player proposes to enter into an Independent Agreement with an Associate of the AFL Club the Player is listed with, the Player must: (i) submit all relevant details, as may reasonably be required, to the AFL General Counsel in accordance with the Rules; and (ii) notify the AFL Club of the general nature of the proposed arrangement, prior to the date of the proposed commencement of the commercial arrangement. In the event that the AFL General Counsel approves such an Independent Agreement under clause 12(a), such approval shall apply for the initial term of that commercial arrangement. (c) The provisions of clauses 12(a) and 12(b) do not apply to pre-existing agreements that were entered into prior to the date the relevant sponsorship of the AFL Club commenced or a renewal or continuation of those agreements. (d) The AFL will not reject an agreement that otherwise meets the criteria of an Independent Agreement solely on the grounds that a party (other than the Player or Associate of a Player) to that agreement has separately negotiated the right to use Club Intellectual Property with the AFL in connection with the subject matter of that agreement, provided that party has the right to use Club Intellectual Property and the AFL approves. (e) If the AFL fails to advise the Player of its decision on an Independent Agreement within 28 days of the date of the submission of all relevant materials pursuant to clause 12(b)(i), the request shall be deemed approved. (f) AFL Clubs shall promptly advise their Players of all of the Club’s Sponsors by 15 February each year where possible and update them of any new sponsorships during the year as soon as practicable and each Player shall advise that Player’s Club of any agreement the Player has with the Club’s Sponsors (including AFL Club Protected Sponsors).

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Independent Agreements. (a) Subject to clause 12(c), bona Bona fide commercial arrangements between a Player or an Associate of a Player and: (i) a Club Sponsor of an AFL Club which has no connection to the Club Sponsorship; or (ii) an Associate of an AFL a Club (other than a Sponsor) which has no connection to the Associate’s relationship with the AFL Club; are Independent Agreements and which comply with the provisions of clause 12(b), may be approved by the AFL General Counsel in his absolute discretion and if so, payments in respect of such arrangements shall not be included in the AFL Club’s Additional Services Agreement limit set out in clause 11.1(b) or included in the AFL Club’s Total Player Paymentsentered into from time to time. (b) When a Player or an Associate of a Player proposes to enter into an Independent Agreement with an Associate of the AFL Club the Player is listed with, the Player must: (i) submit all relevant details, as may reasonably be required, to the AFL General Counsel in accordance with the Rules; and (ii) notify the AFL Club of the general nature of the proposed arrangement, prior to the date of the proposed commencement of the commercial arrangement. In the event that the AFL General Counsel approves such an Independent Agreement under clause 12(a), such approval shall apply for the initial term of that commercial arrangement. (c) The provisions of clauses 12(a) and 12(b) do not apply to pre-existing agreements that were entered into prior to the date the relevant sponsorship of If further information is reasonably required by the AFL Club commenced or in respect of an Independent Agreement, the Player must use best endeavours to provide the information within a renewal or continuation reasonable timeframe and by no later than 28 days of those agreementsreceiving such a request. (d) The AFL will determine if the Independent Agreement is bona fide and commercial in accordance with the AFL Rules and, without limiting the AFL Rules, the AFL may have regard to a Player’s Tier to determine whether an Independent Agreement is bona fide and commercial. (e) The AFL will not reject an agreement that otherwise meets the criteria of an Independent Agreement solely on the grounds that a party (other than the Player or Associate of a Player) to that agreement has separately negotiated the right to use Club Intellectual Property with the AFL in connection with the subject matter of that agreement, provided that party has the right to use Club Intellectual Property and the AFL approves. (ef) If the AFL fails to advise the Player of its decision on an Independent Agreement within 28 days of the date of the submission of all relevant materials pursuant to clause 12(b)(iclauses 11.3(c) and 11.3(d), the request shall be deemed approved. (fg) The AFL Rules with respect to Independent Agreement will apply unless expressly approved by the AFL. (h) Clubs shall promptly advise their Players of all of the Club’s AFLW Sponsors by 15 February each year December where possible and update them of any new sponsorships during the year as soon as practicable and each Player shall advise that Player’s Club of any agreement the Player has with the Club’s Sponsors (including AFL Club Protected Sponsors).

Appears in 1 contract

Samples: Collective Bargaining Agreement

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