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Third Party Deals

Discussion in 'Rugby League Forum' started by Loobs, Mar 11, 2016.

  1. Loobs

    Loobs I am not really Scott Penn Premium Member

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    Any people that have practiced around contract law might be able to help here.

    How is it that with the third party aspects of NRL contracts, players assume no responsibility? They always say "well player X had no idea, he just signed the deal and didn't know who was paying him..." yada yada.

    I recall my Contracts lecturer saying never sign anything unless you are aware of everything in it or you most likely won't have a leg to stand on if it goes to **** (paraphrasing). Kind of buyer beware. They keep trying to pass the buck here to agents and the club but surely if a player signs a deal they should take responsibility for what the deal they've signed contains and if they've signed a deal that goes against the cap, has to assume they were aware.

    Players in the NRL get to use the "I didn't know" excuse WAY too much. Unless they get caught on video humping a dog they really never have to accept responsibility for anything...
     
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  2. manlyfan76

    manlyfan76 Parra Trolls are the best. Premium Member 2016 Tipping Competitor

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    Will Hopoate seems to know who was paying him at Parra, better than parra do.
     
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  3. SeaEagle21

    SeaEagle21 Well-Known Member Premium Member

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    I think players are aware of TPA's and i wouldn't bet against clubs re-assuring their potential signings that if the TPA falls through that the club would cover the rest to get them to sign. Whether this is put in writing or not is probably an issue but regardless you wouldn't be pushing the issue to the surpreme court without evidence.

    Parra will probably be using the whole "he was signed with a previous board" (Don't know who that was at the time) yada yada but again we know they signed Will on overs and they would have promised heaven and earth to him to get him to sign that contract.

    Does anyone know when the court date is?
     
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  4. globaleagle

    globaleagle Où est mon chapeau Premium Member 2016 Tipping Competitor

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    I was thinking along very similar lines. I was going to post how interesting it is to see the media make a point of saying nothing wrong has been done by the players.

    Yet the players and or their managers could ask that the third party deal is ok...or could ask for a commitment to them that the third party deal is ok.

    However I think all that happens is...."this company wants to give you some money."

    "Ok cool, this is my bank account details." Many would argue that is all they should have to do (maybe they're right) but playing league also doesn't have to make you ignorant.

    I read an article years ago about how a journo was interviewing a player when the player's phone rang with the news that bmw wanted to give him a car...and the only question asked was 'what colour is it.'

    The whole system is skew-wiff(?) skewif(?)...meh one of those two!
     
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  5. mosto

    mosto Well-Known Member Premium Member

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    Perhaps my understanding on how TPA's work is wrong, but the whole system seems to contradict itself.

    The way I understand it is a TPA cannot be guaranteed by the club and cannot be arranged by the club. Nor can the company have any link to the club (ie sponsor, company of a board member etc). So basically TPA's must have absolutely nothing to do with other than the TPA requires the player to play for the club, otherwise it doesn't exist o_O
     
  6. globaleagle

    globaleagle Où est mon chapeau Premium Member 2016 Tipping Competitor

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    Actually I think the third party deal is supposed to stay in place even if the player leaves the club.

    technically if I did a third party deal with dce, and he left for the titans....I'd have to begrudgingly keep paying him the agreed upon deal dollarydoos!
     
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  7. Fluffy

    Fluffy Well-Known Member

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    Not that I studied law but I know far too many who did my take on it is this:

    The players are signing contracts under an agreement of employment with said NRL club. A TPA does not break any law (somewhat the opposite for restriction of trade) but breaks the contractual agreement between the NRL and the club. It is the clubs duty to vet all TPA's as they know who is involved sponsor wise etc. so a player has not way of checking to the detail required. Hence no responsibility which they milk.

    In saying all that I am sure when they get a boat/car/apartment etc they have a very good idea and it would fall under borderline fraud if they do not ask the question but they get away with it as they are the product that the NRL is selling.
     
  8. Terry Zarsoff

    Terry Zarsoff Well-Known Member

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    That wouldn't be hard.

    After all - 'In the Kingdom of the Blind, the one-eyed man is King.'
     
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  9. southsideeagle

    southsideeagle Well-Known Member Premium Member

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    When Kurt Tippett joined the Sydney Swans his previous club (Adelaide Crows) had provided him with illegal 3rd party payments. Tippett argued that he did not know the payments were illegal.

    His penalty was $50,000 fine and suspension for 11 matches. Not sure if he was paid in that time he was sitting on the bench. If not, that would amount to a $400,000 penalty!!!

    This type of penalty should make players be more aware of their contract/payments.
     
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  10. MissKate

    MissKate Well-Known Member Premium Member

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    Look if greg inglis can walk out of his house every day and not notice a damn great boat sitting in the front yard then what chance does everyone else have
     
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  11. Nightbot

    Nightbot Member

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    The better question is when is a player going to take the nrl to court over salary cap. If I was a player I wouldn't accept a salary cap. Players should earn every last dollar out of the game. The draft is illegal and I have no doubt the salary cap would be found the same.
     
  12. Rodo

    Rodo Goldmember 2016 Tipping Competitor

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    From the NRL website:

    Third Party Agreements
    Third party agreements are payments made by companies directly to players. There is no restriction on the amount a player can earn through third party agreements where he is being paid for his own intellectual property, without the need to employ club logos or names and where the company involved is neither a club sponsor nor are they acting on behalf of a club to secure the player’s services. An example of this is a player promoting a brand of clothing or somebody like Mark Taylor promoting air conditioners.

    Many players do have third party agreements that are outside the salary cap. Currently there are about 90 players earning close to $3.5 million.

    All third party agreements must be registered and approved beforehand. This is to ensure that they do not become a way for clubs or players to use sponsors or third parties to undermine the salary cap. There are provisions for club sponsors to enter into agreements with elite players and for details see the Marquee Player Allowance section.

    http://www.nrl.com/nrl-salary-cap-explained/tabid/10874/newsid/58360/default.aspx
     
  13. PONTIAN SEA EAGLE

    PONTIAN SEA EAGLE Well-Known Member

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    Don't think parra will be partying for long.
     
  14. Loobs

    Loobs I am not really Scott Penn Premium Member

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    So if they are made from the 3rd party direct to the player, how can the player claim to be unaware..?
     
  15. MissKate

    MissKate Well-Known Member Premium Member

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    Because ignorance is bliss
     
  16. globaleagle

    globaleagle Où est mon chapeau Premium Member 2016 Tipping Competitor

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    I didn't know that!
     
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  17. MissKate

    MissKate Well-Known Member Premium Member

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    Well that's how the saying goes, maybe you r too young to remember that one
     
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  18. globaleagle

    globaleagle Où est mon chapeau Premium Member 2016 Tipping Competitor

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    well.....I was trying (and failing) to make a joke.

    Ignorance is bliss....and I said I didn't know that (sorta trying to show ignorance)

    Maybe I should've said; "I didn't know that, and that makes me happy."

    either way the fail whale tis mine. :)

    *Joke brought to silvertails by a non affiliated third party.
     
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  19. MadMarcus

    MadMarcus Local Lunatic 2016 Tipping Competitor

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    The whole TPA thing is a farce right across the NRL. Parra are just the only ones dumb enough to explain how they flout the TPA rules in their board minutes, and then have it leaked to the media.
     
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  20. wombatgc

    wombatgc Well-Known Member 2016 Tipping Competitor

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    The rest of that article is an accountants wet dream.
    As for the TPA's the best you can hope for is some form of transparency. The lawyers will always do their best to muddy the waters for their clients best interest (and their families of course!).
     

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