WA Athlete Representatives Exam PDF

On August 2023, the WA Council approved the new rules and regulations for Athlete representatives, introducing a brand new online Exam to the licensing procedure for individuals to become Athlete representatives licensed by WA. Candidates shall prepare for the Exam by studying the materials provide...

On August 2023, the WA Council approved the new rules and regulations for Athlete representatives, introducing a brand new online Exam to the licensing procedure for individuals to become Athlete representatives licensed by WA. Candidates shall prepare for the Exam by studying the materials provided by WA and pass a 60’ test exam with platform-generated questions in English. These Study Materials are intended to help Candidates prepare for the Exam and are compiled from various resources. As the Exam will be delivered with an open-book concept, the use of these Study Materials will be allowed throughout the Exam Session. All questions in the Exam will be based on the following Study Materials within this module. An Introduction to Athletes’ Representatives Unless the context provides otherwise, all capitalised terms used in this document shall have the same meaning as provided in the World Athletics Athletes’ Representatives Rules. 01 In most legal jurisdictions, an agent is an individual or entity that is appointed and authorised to act on behalf of another person or entity (commonly known as a ‘principal’ or ‘client’). 02 Traditionally, agents are appointed to represent a principal in negotiations and dealings with third parties. The agent-principal relationship is underpinned by the ‘fiduciary duty’ that the agent owes to the principal: the obligation to always act in the best interests of the principal. 03 This duty is usually captured in a contract between the parties which sets out, among other matters, the extent of the authority granted to the agent. 04 Agents are utilised because of their special and specific subject-matter expertise. Common examples include: 4.1 a lawyer representing a client in a legal matter; 4.2 a financial broker making investments on behalf of a client; or 4.3 çra real estate agent facilitating the sale of a property for a client. FIDUCIARY DUTY 05 Given the nature of the ‘fiduciary duty’, several industry sectors have recognised the need to strictly control entry into the industry and practice of the relevant profession. 5.1 Entry is generally regulated through the implementation of eligibility requirements. These usually entail that an applicant has ‘good character’ (e.g. not have any prior convictions) and meets ‘minimum education’ standards (e.g. passing a specific test, such as a bar examination). Compliance results in the individual receiving a licence to practice the relevant profession. 5.2 Practice is generally regulated through the enforcement of behavioural requirements. Topics covered by such requirements may include personal conduct, industry standards, how business is organised, and the establishment of processes in case the requirements are breached. SPORTS AGENTS 06 Agents within the sports industry generally follow the same general patterns. 07 Sports agents are (often) appointed because of their special and specific expertise about the relevant sport in which their client participates. This includes expertise in relation to employment and commercial opportunities, but also regarding the sports regulatory frameworks which govern their profession and that of their client. Their role is often fundamental, allowing their client to focus on achieving sporting success. 08 Sports agents are generally appointed by athletes and coaches (or in certain team sports, by clubs or federations) to perform one or more of the following functions: 8.1 broker, negotiate, and facilitate employment or participation in a sport. In certain team sports, this may include the transfer of players or coaches; 8.2 procure and negotiate commercial opportunities; 8.3 manage media and public relations; and 8.4 undertake (or outsource) life management functions, such as financial planning, relocation, or property investment. From a practical perspective, the ‘fiduciary duty’ in the context of the sports agent-client relationship involves (without limitation): 9.1 transparency between the parties; 9.2 provision of all relevant information relating to the client’s career (e.g. employment or commercial offers) and relationship between the sports agent and client (e.g. money earned, amounts paid, description of services provided); 9.3 provision of advice to enable the client to control their career; 9.4 protection and preservation of client rights; and 9.5 negotiation on behalf of the client to obtain the best outcome from a sporting and commercial perspective. ATHLETES’ REPRESENTATIVES 10 Sports agents in Athletics are known as “Athletes’ Representatives” (ARs). 11 Like other industries in which agents operate, ARs: 11.1 have a fiduciary duty to always act in the best interests of their Clients; 11.2 are appointed because of their special skills and specific knowledge with respect to Athletics and the regulatory frameworks governing Athletics; and 11.3 are subject to an overarching regulatory framework, known as the Athletes’ Representatives Rules (AR Rules), which governs both becoming an AR and practising as an AR. 12 The AR Rules have been implemented by World Athletics (WA) to: 12.1 establish a global, centralised AR regime administered by WA; 12.2 identify the eligibility and licensing process to become an AR; 12.3 establish the rights and obligations of ARs and their clients; and 12.4 provide a dispute resolution and disciplinary mechanism. 13 The objectives of the AR Rules reflect these purposes. They seek to: 13.1. set minimum professional and ethical standards which are consistent globally; 13.2. set a standard licence fee; 13.3. protect the integrity of Athletics; 13.4. ensure that the AR-Athlete relationship is founded upon the principle of acting in the best interests of the Client; 13.5. protect ARs and Clients from abusive, excessive, and speculative practices; 13.6. establish a simple and effective dispute resolution and disciplinary process; 13.7. provide transparency for any permitted conflicts of interest; and 13.8. enhance transparency in financial and administrative affairs. 14 An AR is “a natural person licensed by World Athletics to perform AR Services”. This definition means that: 14.1 only an individual is permitted to be licensed and act as an AR. A company is not permitted to be licensed nor act as an AR; 14.2 this ensures that the licensed individual has met the entry requirements. They have therefore demonstrated that they are of good character, do not have conflicts of interest, and have the necessary knowledge of Athletics (by passing a written exam). The Client is therefore afforded the comfort that the AR they have engaged has been approved by WA; 14.3 the licensed individual is easily identifiable and ultimately responsible for their personal conduct. This provides additional assurance and protection to the Client. If a legal person (e.g. a company) was permitted to be licensed (and by extension, any of its employees or contractors who are not subject to the entry requirements could utilise the Licence), this assurance and protection disappears. The AR Rules define the regulated functions performed by an AR as "AR Services". 15.1 AR Services means “Athletics-related services performed on or on behalf of a Client, including any negotiation, communication related to or preparatory to the same, or other related activity, with the purpose, objective, and/or intention of concluding a Transaction.” 15.2 There are two elements: the services must be “Athletics-related” (C2.1A) and must relate to a “Transaction” (C7.1, C7.2, C7.4). 15.3 “Athletics-related” is not a defined term, but generally means that the conduct undertaken must be related to the sport of Athletics. 15.4 A “Transaction” means: the participation of a Client in a competition (including Applicable Competitions), which may result in, including without limitation, the provision of: promotional services, an appearance fee, prize money, or any other financial or non-financial benefit (e.g. travel, accommodation, visa support); the employment, registration, or deregistration of a Client with a team or club; the agreement of a Client to enter into a commercial arrangement which relates to Athletic Shoes (as defined in the Athletic Shoe Regulations) and/or Athlete Kit (as defined in the Marketing and Advertising Regulations).” 16 In short: the AR Rules only regulate the conduct of an AR when they conduct any negotiation, communication, or other activity relating to the participation of their Client in an Athletics competition; their employment with an Athletics team or club; or, commercial agreements regarding their regulated apparel. 17 Examples of regulated and non-regulated conduct include: AR Services 17.1 together with the Athlete’s coach, team or club, and affiliated Member Federation (MF): planning, arranging, and negotiating a competition schedule, including all matters relating to entry and participation in specific competitions; 17.2 negotiating the execution and termination of employment contracts with Athletics teams and clubs; 17.3 negotiating commercial endorsements regarding regulated Athletics apparel; 17.4 making travel arrangements for competitions; 17.5 collection and distribution of remuneration deriving from Transactions; 17.6 ensuring compliance with the AR Rules and all WA rules and regulations; Non-regulated conduct 17.7 negotiating commercial endorsements not regarding regulated Athletics apparel; 17.8 management of media and public relations (including social media channels); 17.9 advising on personal conduct – whether directly or through referral to a third party - regarding behaviour, finances, branding, taxation, or other life matters. 18 The AR-Client relationship is governed by a “Representation Agreement”. 18.1 This is defined as “a written agreement between an AR and a Client for the purpose of establishing a legal relationship to provide AR Services”. 18.2 An AR may only perform AR Services for a Client after having entered into a written Representation Agreement with that Client. WHEN DO THE AR RULES APPLY? 19 The AR Rules applies globally in three specific scenarios: 19.1. where a “Ranked Athlete” engages the services of an AR 19.2. where an “Applicable Competition” undertakes a Transaction; or 19.3. provision of advice to enable the client to control their career. 20 In the first scenario, an Athlete may be classified as a “Ranked Athlete” during a calendar year if their World Ranking on 30 September in either of the previous two calendar years falls within the following thresholds: Track Athletes Top 100 of the World Rankings (male and female). Field Athletes Top 50 of the World Rankings (male and female). Marathon Athletes Top 200 of the World Rankings (male and female). An Athlete who at 15 March of the current calendar year is ranked in the top 200 is also a Ranked Athlete for the current calendar year. Road Running Half Marathon – 10km Athletes Top 200 of the World Rankings (male and female). An Athlete who at 15 March of the current calendar year is ranked in the top 200 is also a Ranked Athlete for the current calendar year. Race Walking Athletes Top 50 of the World Rankings (male and female). Cross Country Athletes Top 75 of the World Rankings (male and female). Combined Event Athletes Top 35 of the World Rankings (male and female). 21 If a Ranked Athlete chooses to engage an individual to provide AR Services, that individual must be an AR. 21.2. The only exception is for their affiliated MF to provide the equivalent to AR Services with the consent of the WA Chief Executive Officer. 21.2. Alternatively, a Ranked Athlete may also choose to self-represent when conducting a Transaction and not engage an AR or enlist their MF to assist. 21.3. If a Ranked Athlete engages or attempts to engage an unlicensed individual to provide the equivalent of AR Services, they will be subject to disciplinary action. 22 In the second scenario, certain elite competitions are classified as “Applicable Competitions”. Where a Transaction occurs between an Athlete (whether or not a Ranked Athlete) and an Applicable Competition, the individual providing AR Services to the Athlete must be an AR. 22.1 This is subject to the MF and self-representation exceptions described above. 21.2 If an Applicable Competition engages or attempt to engages with an unlicensed individual providing the equivalent of AR Services to an Athlete, the relevant employee or contractor of the Applicable Competition will be subject to disciplinary action. 23 In the third scenario, an Athlete that is not a Ranked Athlete is free to engage an AR to provide AR Services, regardless of whether they participate in Applicable Competitions or other WA-affiliated competitions. 24 Outside of these three scenarios (which generally capture all elite-level Athletes and competitions), an Athlete may engage an unlicensed individual to provide the equivalent of AR Services, or possibly an individual licensed by an MF that is subject to “National AR Regulations”. 24.1 Where such regulations exist, they are not permitted to apply to Ranked Athletes, Applicable Competitions, and ARs. 24.2 They must be reviewed and approved by WA before being enforced by the MF. BECOMING AN AR (NB - by virtue of receiving these exam materials, you have already successfully completed the first two stages of the process listed below) 25 An individual may become an AR by: 25.1 submitting an application (including payment of the application fee); 25.2 complying with eligibility requirements (including undergoing a vetting process); 25.3 successfully passing an exam; 25.4 paying the annual licence fee; and 25.5 (If applicable) obtaining professional indemnity insurance. 26 Upon successfully completion, an individual is permitted to perform AR Services from the moment they receive notification that they have been granted a Licence. 27 The Licence: 27.1. is indefinite. There is no need for an AR to be re-certified in future. Rather, they must meet the annual requirements to maintain their Licence for another year; 27.2. is personal and non-transferable. An AR that wants to temporarily suspend or permanently cancel their Licence must follow the applicable process; 27.3. authorises an AR to conduct AR Services on a worldwide basis. There is no need for an AR to undertake specific training or authorisation to perform AR Services in specific territories. ACTING AS AN AR 28 The rules which govern the practice of an AR can be generally grouped as follows: 28.1. practice rules; 28.2. AR obligations; 28.3. Client rights and obligations; and 28.4. reporting obligations. PRACTICE RULES 29 The overarching rule is that only an AR may provide AR Services (subject to the MF and self- representation exceptions). 30 An AR may conduct their business affairs through an “Agency”. 30.1. This means “an organisation, entity, firm or private company retaining, comprising, employing or otherwise acting as a vehicle for the business affairs of one or more ARs.”  30.2. It would be inappropriate for WA to direct an AR to conduct their business affairs in a certain manner, particularly given the global nature of the Licence and the different corporate and taxation structures that exist from country to country. 30.3. How an AR organises their business affairs has no impact on the overarching rule. Furthermore (as discussed above), the authorisation to provide AR Services deriving from their Licence cannot be delegated or transferred. 30.4. In this respect, even if an Agency hires employees or engages contractors to perform certain tasks, those individuals are not permitted to undertake AR Services. That is the exclusive responsibility of the licensed AR. If non-licensed individuals employed or contracted by an Agency are found to have performed AR Services without a Licence, the AR on whose behalf they were undertaken is deemed responsible and will be subject to disciplinary proceedings. 30.5. Examples of the types of duties that an employee or contractor hired by an Agency may undertake which do not fall within AR Services include: general secretarial and administrative support; document production (whether in relation to a Transaction or not); arranging meetings (where no fee is sought or paid); or assisting with practical business arrangements, such as visa applications, travel bookings, and payment of invoices. 30.6. ARs that work within an Agency structure should therefore be extremely cautious when delegating business responsibilities. 31 Clients and any person that holds a disqualifying position are not permitted to hold an “AR Interest” in the affairs of an AR or their Agency. 31.1. An AR Interest means “(i) any beneficial ownership of a legal person through which the relevant activities of those entities are conducted; and/or (ii) being in a position that may enable the exercise of a material, financial, commercial, administrative, managerial or any other influence over the affairs of a natural or legal person whether directly or indirectly and whether formally or informally.” 31.2. This protects the integrity and reputation of Athletics, the sporting integrity of Athletics competitions, and the proper functioning of the regulatory framework. Permitting anybody that falls within one of the categories above to have an AR Interest in the affairs of an Agency would be a clear conflict of interest. 32 ARs must avoid conflicts of interest when providing AR Services. 32.1. Specifically, ‘dual representation’ in a Transaction is expressly prohibited (e.g., representing both the Athlete and their team in an employment negotiation). 32.2 The AR Rules provides two ‘permitted conflicts of interest’. These must be reported to WA within thirty days of becoming apparent. 32.3 The first permits an AR to be employed or engaged by a competition in a position where they can directly or indirectly influence the list of participating Athletes in that competition (e.g. a Meeting Director). 32.4 The second exception permits an AR to be employed or engaged by a company which produces Athletic Shoes or Athlete Kit. This exception extends to their Agency, if they organise their business affairs in this manner. 32.5 An AR that is employed or engaged in such manner has significant disclosure obligations to WA, their clients and prospective Clients, and (in the case of the first exception) to all Athletes that seek to participate in the relevant competition. They are also subject to strict obligations relating to the use of confidential information, and prohibitions regarding gaining a dishonest benefit or profit for themselves or their Clients. 32.6 Both permitted conflicts of interest reflect real-life scenarios which regularly occur in the global (and small) world of Athletics. In the interests of the sport, WA does not seek to remove these conflicts of interest, but rather to tightly control and monitor them. ARs that seek to provide AR Services to a minor (an individual aged below 18 years) must meet additional requirements. 33.1 First, an AR may only “Approach” a minor or their legal guardian no more than six months before the minor reaches the legal employment age in the country or territory of their domicile. Such Approach may only be made after prior written consent has been obtained from the legal guardian.  33.2 Second, the AR must successfully complete the continuing professional development course on minors prescribed by WA. If these are any legal requirements in the relevant country or territory regarding the representation of a minor, they must also ensure compliance with those prior to providing AR Services to that minor. 33.3 Third, the Representation Agreement is only enforceable where: the AR has complied with the first and second requirements above; it is signed by the minor and their legal guardian as provided by the law applicable in the country or territory of the minor’s domicile; and it contains the minimum requirements to be deemed valid (discussed on slide 10). 33.4 These additional requirements balance the interest of protecting minors from exploitation against their interest in obtaining professional assistance from Licensed individuals when commencing their career in elite Athletics. 34 An AR may charge a service fee for any AR Services rendered. 34.1 The agreed service fee shall not be “abusive or excessive”. 34.2 While there is no cap on the amount of service fee that can be agreed between an AR and a Client, what is considered abusive or excessive will ultimately be determined (in the case of a dispute) on a case-by-case basis. 34.3 Payment of service fees shall be made “exclusively” by the Client and must be paid to a bank account registered in the name of the AR or their Agency. 34.4 By way of example, a client may satisfy this requirement where: the Client directly receives their remuneration deriving from a Transaction, by the Client paying the service fee to the AR’s bank account or the bank account of their Agency; the AR or their Agency receives the remuneration owed to a Client deriving from a Transaction, by the AR deducting their service fee from that amount before paying the balance of the remuneration to the Client; the Transaction relates to a Client being employed by a team or club, by that team or club deducting the service fee from the regular remuneration paid to the Client and paying it directly to the AR’s bank account or the bank account of their Agency. 34.5 Service fees are payable where the relevant AR Services rendered were stipulated in the Representation Agreement and that agreement was in force at the time the AR Services were performed (regardless of whether it has since expired). 34.6 An AR is not permitted to receive a service fee where: their Client is a minor that has not yet reached the legal employment age in the country or territory of their domicile; or they have facilitated a Transaction for their Client (e.g. to participate in a competition), their Client fails to fulfil their obligations which arise from the Transaction, and the AR still acts for the Client at that time. 35 The Representation Agreement is also subject to several provisions. 35.1 AR Services may only be performed after the execution of a written Representation Agreement. Oral agreements are not recognised nor are provided any protection pursuant to the AR Rules. This ensures that Applicable Competitions (and other third parties) facilitating a Transaction with an AR can be certain as to their legitimacy to act on a Client’s behalf. 35.2 The formal parties to a Representation Agreement are the AR (or their Agency) and the Client. 35.3 Representation Agreements are limited to a maximum term of two years. This does not mean that Representation Agreements must have a term of two years; rather, they cannot exceed two years in length. Any extension to an existing Representation Agreement must be made by mutual agreement and cannot exceed one year. There is no limit on the number of mutually agreed extensions that may be concluded. ARs and Clients may conclude Representation Agreements shorter than two years, or mutually agree extensions of Representation Agreements shorter than one year. 35.4 Prior to entering a Representation Agreement, an AR must inform their prospective Client in writing that they should consider taking independent legal advice and receive written confirmation whether they obtained that advice. 35.5 A Representation Agreement must contain several elements to be considered valid; these elements must exist, in particular, for the World Athletics Athletes’ Representatives Panel (Panel) in the case of a dispute. They are the: names of the parties and their signatures; duration (if applicable); amount of the service fee due to the AR; nature and scope of the AR Services to be provided; and nature and scope of “Other Services” to be provided (if applicable). 35.6 Any clause in a Representation Agreement which imposes a penalty upon a Client for deciding to not renew the Representation Agreement upon its expiry will be deemed invalid by the Panel. 35.7 A Representation Agreement may be terminated at any time where there is ‘just cause’ to do so. There is ‘just cause’ when a party can no longer reasonably be expected, according to the principle of good faith, to continue the contractual relationship for the agreed term. What ultimately constitutes ‘just cause’ will be determined by the Panel on a case-by-case basis. The party that invalidly terminated the Representation Agreement without just cause, or which caused the other party to terminate it with just cause, must pay compensation. AR OBLIGATIONS 36 ARs are subject to several behavioural obligations. These reflect the principles and objectives of the AR Rules, shield Athletes from unscrupulous behaviour, and protect the integrity and reputation of Athletics generally. They can be grouped as ‘general’, ‘disclosure’, and ‘prohibited conduct’. 37 The general obligations reflect the principles and objectives of the AR Rules. They are the bare minimum behavioural standards expected of ARs when providing AR Services to their Client(s). 37.1 First and foremost, an AR must always act in the best interests of their Client(s). 37.2 This places the fiduciary duty provided by the agent-principal relationship at the heart of the AR Rules. Any behaviour undertaken by an AR when providing AR Services which does not put their Client’s best interests above their own interests will result in disciplinary proceedings. 37.3 An AR must also: exercise due care and skill in performance of AR Services; ensure adherence to WA rules and regulations of both themselves and their Clients; avoid conflicts of interest (except ‘permitted conflicts of interest’); use their best efforts to ensure that their Clients honour all agreements deriving from a Transaction. In particular, this means participating in competitions, fulfilling their employment duties, or respecting the exclusivity that may derive from commercial agreements for regulated Athletics apparel; use appropriate efforts to ensure their Clients receive(s) all taxation documents from competitions in which they participate; and be knowledgeable of the Athletics calendar of competitions. 38 The disclosure obligations protect Athletes from exploitative behaviour. A good AR would implement these practices in the ordinary course of their business in any case. In short, an AR must: 38.1 immediately inform a Client of any written offer they have received in relation to that Client. This means that any written offer in relation to the different types of regulated Transactions - competition participation, employment with a team or club, or commercial arrangements relating to Athletic Kit and/or Athlete Shoes – must be immediately brought to the attention of the Client; and 38.2 provide various documents to a Client (on request), including: a copy of their Representation Agreement or any agreement in relation to Other Services, a copy of any agreement derived from a Transaction, and a schedule detailing payments of any kind whatsoever made to the AR in relation to a Transaction. 39 There are five express prohibited behaviours. If an AR undertakes any of this conduct, they will face disciplinary proceedings. 40 An AR is not permitted to “Approach” a (potential) Client that is bound by a Representation Agreement with another AR. 40.1 An “Approach” means “(i) any physical, in-person contact or contact via any means of electronic communication with a Client or potential Client; (ii) any direct or indirect contact with another person or organisation linked to a Client or potential Client, such as (without limitation) a family member, friend, coach, recruiter, school teacher; or (iii) any action when an AR uses or directs another person or organisation to contact a Client or potential Client on their behalf in the manner described in (i) or (ii) above”. 40.2 This definition extends an Approach beyond just the individual to include contact with any other person or organisation linked to that potential Client. This protects against any inducement to breach existing Representation Agreements. 40.3 The sole exception is that an Approach is permissible in the final two months of the term of the existing agreement. In effect, it indirectly creates a ‘deadline’ for existing ARs and Clients to decide whether they mutually extend their existing agreement or not. 40.4 This exception provides a balance between the interests of the existing AR to prohibit any inducement to breach the existing agreement and to provide an opportunity for that existing agreement to be renewed, and the interests of the Athlete to plan for new representation upon expiry of the existing agreement, and not be subject to exploitative behaviour. 41 An AR is not permitted enter into a Representation Agreement with a (potential) Client that is bound by a Representation Agreement with another AR. 41.1 The sole exception again relates to the final two months of the term of the existing Agreement 41.2 The execution of a new agreement with a potential Client before the final two months of the term of the existing agreement, whether the new agreement commences immediately or after the existing agreement expires, is prohibited. In both instances, disciplinary proceedings would be commenced against the new AR and the Athlete. In the first instance, the existing agreement may have been terminated without just cause, and the previous AR may have grounds to lodge a claim before the Panel. 41.3 The execution of a new agreement with a potential Client after the existing agreement enters the final two months of its term should be managed carefully. 41.4 It is imperative that the new agreement is agreed to commence after the existing agreement expires. If the new agreement commences immediately, causing the existing agreement to be terminated before its natural expiry, the previous AR may have grounds to lodge a claim before the Panel. 42 An AR is not permitted to Approach, enter negotiations, take any steps, solicit or in any way facilitate discussions between parties with a view to a Transaction (including the making of statements to the media), regarding any Athlete with the aim of inducing them to violate any obligations in an agreement deriving from a Transaction. 42.1 This protects against the inducement of breach of any of the agreements resulting from the different types of regulated Transactions: competition participation, employment with a team or club, or commercial arrangements relating to regulated Athletics apparel. 42.2 Any conduct designed to induce a breach of those agreements will result in disciplinary proceedings. 43 An AR is not permitted to offer or pay any undue personal, pecuniary or other advantage, either directly or indirectly, to any Official or Staff of World Athletics (including the Athletics Integrity Unit), an Area Association, a Member Federation, an Applicable Competition, a regional association, or a club in connection with AR Services, or a Client or potential Client (or any family member or legal guardian or friend of that Client) in relation to a Representation Agreement. 43.1 Bribery and corrupt activity are neither welcome nor tolerated in Athletics; this includes such conduct in relation to the activity of ARs. 44 An AR is not permitted to conceal material facts from a Client. 44.1 Material facts include, without limitation, declaring conflicts (such as ‘permitted conflicts of interest’) or disclosing written offers that have been received. CLIENT RIGHTS AND OBLIGATIONS 45 Client conduct is regulated in a similar manner to ARs. This can be generally grouped into ‘rights’, ‘obligations’ and ‘prohibited conduct’. 46 Clients have two regulated rights: 46.1 to engage an AR to provide AR Services (with the right to utilise an MF or self-represent as described above); and 46.2 to request a schedule detailing all payments actioned by their AR. This provides protection to Clients from unscrupulous practices and ensures that they are informed when making decisions. 47 Clients also have several regulatory obligations: 47.1 paying the agreed service fee(s) to their AR. Failure to do so will both potentially lead to disciplinary proceedings and provide their AR with grounds to lodge a claim before the Panel; 47.2 ensuring that their AR is Licensed and not employing or permitting any non-licensed individual to act as having been appointed as their AR; 47.3 respecting agreements deriving from any Transaction, particularly participation and promotion in competitions, unless precluded by injury or exceptional circumstances; 47.4 keeping their AR fully informed of their competition schedule, and where appropriate, of any relevant financial and commercial interests; 47.5 not entering, unless authorised by their affiliated MF, any competition that conflicts with specified competitions for which they have been selected to compete by their affiliated MF; and 47.6 cooperating with any request for information in relation to their AR. 48 A Client is prohibited from: 48.1 engaging or appoint an unlicensed person to perform AR Services. Doing so would undermine the global scheme governed by the AR Rules and damage the reputation of Athletics in general; 48.2 accepting or requesting any undue personal, pecuniary, or other advantage from an AR; 48.3 giving, offer or seek to offer consideration or a promise of any kind, either directly or indirectly, to an AR (or to any person connected with that AR), other than the service fee agreed; and 48.4 having an “AR Interest” in an Agency or the affairs of an AR. REPORTING 49 ARs are subject to stringent reporting requirements. The primary requirement is that an AR must provide to WA within thirty days of execution: 49.1 any Representation Agreement (including mutual extensions); and 49.2 any amendment or termination of a Representation Agreement. 50 An AR must report any ‘permitted conflicts of interest’ within 30 days of such conflict becoming apparent. 51 WA may request, at any time, information regarding the agreements deriving from Transactions, invoicing and payments, and any information that may impact upon eligibility to be an AR. 52 WA may also request, at any time, different types of information about an Agency if an AR organises their business affairs in such manner or is employed by an Agency. 53 Failure of an AR to comply with their reporting obligations or with a request for information from WA will result in disciplinary proceedings. Unless the context provides otherwise, all capitalised terms used in this document shall have the same meaning as provided in the World Athletics Athletes’