Theory and Practice of Contracts in India

Transfer Contract

Sarvani Mishra
Aadi Karnawat
BA-LS ‘23
Terms and Conditions

1) Appointment and Duration of the Contract

1.1) Under the conditions stipulated in the contract and the relevant regulations, the Club employs
the Player as a professional football player.
1.2) This agreement shall stay in effect for a duration of 2 years with an option to extend the deal
for another year.
1.3) The weekly salary payable to the Player is $800,000
1.4) Nonetheless, there are early termination provisions in the contract, which will be covered in
detail.

2) Duties and Obligations of the Player

2.1 The Player agrees:

2.1.1 when directed by an authorised representative of the Club:

2.1.1.1 to participate in matches in which the Club is engaged;

2.1.1.2 to take part in matches in which he is selected by the

Club; and

2.1.1.3 to attend at any reasonable place to participate in training and match preparation.

2.1.2 to play and give the best performance using his skill and ability at all (possible) times;

2.1.3 player must maintain high levels of fitness unless prevented by any injury, both mental and physical
and to not divulge in activities or substances which might endanger the physical ability to practise and play.

2.1.4 that he has given all necessary authorities to the Club to release his medical records and to continue
to make them available whenever requested by the Club during the continuance of this contract;

2.1.5 to play football solely for the Club or as required by the Rules of the Club;

2.1.6 to adhere the Laws of the Game while playing football;

 2.1.7 adherence to the Club Rules only to the extent where they conflict with the terms established in this
contract.

2.1.8 to comply with the medical and dental tests which might be required by the club and to agree to
undergo any important medical or dental treatment as prescribed by the Club professionals without any expense.

2.1.9 upon termination of this contract the player must return any property provided by the club during the
contract including any car in a proper manner which is deemed fit by both the parties.

2.2 The Player agrees that they shall not:

2.2.1 no activity should be performed which would make the insurance of the player related to their health
and wellness void or voidable or would cause harm to their health and physique.

2.2.2 the player must not be engaged in any other employment, business without the prior authorization of
the Club, following are the exceptions to this clause:

2.2.2.1 the Player can invest in businesses as long as it does not interfere with the duties listed in
this contract.

2.2.3 the player must not speak or write anything which would cause harm to the Club’s reputation or any
staff of the Club, or any official or other player whether intentionally or recklessly. The Player shall at all
times inform the Club before appearing in front of the media so as to assure that the Club is in a position to
intervene when required.

2.2.4 player is required to give prior information regarding any medical treatment which is planned. The
Club has to consider the Code of Practice and will provide consent when required.

3) Public relations and Advertising

3.1 The Player shall attend and take part in any events that the Club may reasonably require, including but not
limited to appearances, the granting of interviews and photographic opportunities as authorised by the Club, in order
to further the Club's community relations efforts and/or the promotional efforts of any sponsors or commercial
partners of the Club, the League, and/or any major sponsors of the League. The Player will be required to make
himself available for up to six hours per week, of which roughly half will be dedicated to the Club's community and
public relations initiatives once the Club gives him reasonable notice of the requirements. No image of the Player
obtained in accordance with this paragraph may be used by the Club or by any other party to suggest that the Player
endorses any particular brand or item.
3.2 Whilst he is providing or performing the services set out in this contract (including travelling on Club business)
the Player shall:

3.2.1 wear only such clothing as is approved by an authorised official of the Club; and

3.2.2 not, without the written permission of an authorised Club official, display any badge, mark,
logo, trading name or message on any article of apparel; however, nothing in this clause will prohibit the
Player from wearing and/or promoting football boots, and in the case of a goalkeeper, gloves of his
choosing.

3.3 Unless otherwise specified in clause 3.4 and to the extent of any commitments made by the player as of this date
or while on international duty in relation to the player's national football association, UEFA, or FIFA, the player shall
not, during the term of this contract, do anything to promote, endorse, provide promotional marketing or advertising
services, or exploit the player's image either (a) concerning any individual with regard to their goods or services that
clash or rival any of the Club's football-related or club-branded goods (such as the Strip); (b) concerning any goods
or services of the Club's two primary sponsors/business partners or the League's sole principal sponsor.

3.4 The Player agrees that he will not either on his own behalf or with or through any third party undertake
promotional activities in a Club Context nor exploit the Player’s Image in a Club Context in any manner and/or in
any Media nor grant the right to do so to any third party.

3.5 Except to the extent specifically herein provided or otherwise specifically agreed with the Player nothing in this
contract shall prevent the Player from undertaking promotional activities or from exploiting the Player’s Image so
long as:

3.5.1 the said promotional activities or exploitation do not interfere or conflict with the Player's
obligations under this contract; and

3.5.2 the Player gives reasonable advance notice to the Club of any intended promotional
activities or exploitation.

3.6 When interacting with anyone who has been given permission by the Club to take pictures of the Player, the
Club will make every effort to guarantee that the Club owns the copyright to those images and that they are not
used in any way other than in compliance with this contract and without the Club’s permission.

3.7 In addition, subject to the provisions of clause 3.2.5, the Player shall have the right, in response to any remarks
made by the media or published statements that could be construed as harming the Player's reputation or standing, to
respond in a responsible and reasonable manner.
3.8 When it comes to clause 3, the term "the Club" refers to any Associated Company of the Club, provided that it
is used to refer to any company that directly or indirectly provides facilities to the Club or engages in commercial
marketing or public relations activities on its behalf. It does not, however, mean that any Associated Company must
give its consent when the Club's consent is needed.

3.9 This clause 3 does not prevent the Club from periodically entering into additional or supplemental agreements
hereto or in variance from this one regarding marketing, advertising, and/or promotional services with the Player or
with or for all or some of the Club's players (including the Player).

4) Salary/Wages and Expenses

4.1 The Club shall pay the salary agreed upon (in clause 1.3) to the Player for the duration of the contract.

4.2 the club will reimburse the player of any expenses related to his duties under the contract including stay at hotels
only if the player gets an approval from the manager and the player is obliged to provide to the club all receipts of
the expenses incurred.

4.3 Any payment that is payable to the Player may be deducted by the Club:

4.3.1 Fines charged;

4.3.2 Club is responsible for any liabilities on in the interest of the Player with their prior consent and approval.

4.3.3 any other finances excluding claims for damages or compensation which can be clearly substantiated to be
suitably due from the Player to the Club.

5) Duties of the Club

5.1 The Club shall:

5.1.1 give the player copies of all the regulations that apply to them as well as the terms and
conditions of any insurance policy pertaining to them that they are required to abide by on an annual basis;

5.1.2 The Club will pay for the Player's medical and dental care if they get hurt, sick (including
mental health issues), during the contract or up to 18 months after it ends, even if the contract is terminated
early. If the Player's injury or illness breaks a rule in Clause 3.2.1, the Club will only pay what their
insurance covers (or what a typical football insurance plan would cover);
 5.1.3 The Club shall make every effort to guarantee that, until the conclusion of any examinations
and/or treatments mentioned in clause 5.1.3, any insurance policy maintained by the Club for the Player's benefit
continues to offer coverage for those costs;

5.1.4 comply with all relevant statutory provisions relating to industrial injury and any
regulations made pursuant thereto;

5.1.5 at all times maintain and observe a proper health and safety policy for the security safety
and physical well-being of the Player when carrying out his duties under this contract;

5.1.6 As long as the Player complied with the rules (Clause 3.2.1 referenced previously), the Club
will defend them in the event of a lawsuit arising from actions while on the job. This protection continues
to apply beyond the contract's expiration as long as the lawsuit concerns an incident that occurred during
that time;

5.1.7 release the Player as required for the purposes of fulfilling the obligations in respect of
representative matches to his national association pursuant to the statutes and regulations of FIFA.

5.2 The Club shall not without the consent in writing of the Player:

5.2.1 take or use or permit to be used photographs of the Player for any purposes save as permitted by
clause 4; or

5.2.2 use or disclose any medical reports or other information about the player that the club has collected
unless it is necessary to evaluate the player's health and fitness, secure insurance, and medical coverage,
and fulfil the club's legal requirements under the rules.

6) Injury and Illness

6.1 Any injury to the Player shall be reported by him or on his behalf to the Club immediately and the Club
shall keep a record of such injury or illness.

6.2 In the event that the Player shall become unfit from playing due to any injury the Club shall pay the
Player during such period of incapacity for the following amounts of remuneration for the following periods:

6.2.1 in case where the Player is Injured, his basic wage over the first eighteen months, one half of his
basic wage for the remainder of his period of unavailability;

6.2.2 in the case of any other injury or illness his basic wage over the first twelve months and half of his
basic wage for the remainder of his period of incapacity.
 6.3 In each case specified in clause 6.2 the Player shall be additionally paid apart from his basic wage a
suitable share of any bonus payments included in the Club’s Bonus Scheme.

6.4 The payments mentioned in clause 6.2 by the Club shall include any payment of statutory nature as
well as state benefits in case of any sickness of the player.

6.5 clause 6 does not prevent the Player to sign any other royalties or bonuses as outlined in this contract.

7) Long-Term or Permanent Incapacity

7.1 In the situation that:

7.1.1 the Player shall suffer Permanent Incapacity; or

7.1.2 The Club may serve notice to the Player to terminate this contract if the Player has been unable to play for a
period (consecutive or cumulative) equal to eighteen months in any consecutive period of twenty months due to the
same injury, illness, or disorder (including mental illness or disorder).

7.2 The length of such notice shall be twelve months in the case of an incapacity by reason of a Player Injury and six
months in every other case.

7.3 The notice referred to in clause 7.1 may be served at any time after:

7.3.1 the date on which the Player is declared to be suffering Permanent Total Disablement under the terms of the
League’s personal accident insurance scheme; or

7.3.2 the date on which such Permanent Incapacity is established by the Initial Opinion; or

7.3. The date that the period of incapacity will surpass the previously stated eighteen months in the event of any
incapacity as mentioned in 7.1.2; nevertheless, this date will only apply for the duration that the right to terminate
under clause 7.1.2 will remain in effect.

7.4 Any notification given in accordance with article 7.1.1 Permanent Incapacity must expire and cease to be
effective if, upon request, the Further Opinion or, if applicable, the Third Opinion confirms the notice's validity.

7.5 If the Club terminates the contract under this clause (Clause 8), they must:
 - Pay the Player:
All remaining salary owed under the contract;
Any other money owed to the Player according to the contract;
The value of any benefits the Player would have received during the remaining notice period (if they had
been allowed to work the notice period);

Important note: The Player's medical coverage (mentioned in Clause 5.1.2) will still apply during the notice period
and any additional time specified in that clause.

8) Disciplinary Action
Except in case where the Club decides to terminate the Player's employment as mentioned under clause 9, for other
violations of the rules of this contract the Club shall refer to the provisions mentioned in the contract.

9) Termination by the Club

9.1 The Club shall be entitled to terminate the employment of the Player by fourteen days' notice in writing to the
Player if the Player:

9.1.1 shall be guilty of Gross Misconduct.

9.1.2 shall fail to heed any final written warning given under the provisions of Part 1 of Schedule 1 hereto; or

9.1.3 is convicted of any criminal offence where the punishment consists of a sentence of imprisonment of
three months or more (which is not suspended).

9.2 If the Club terminates the Player’s employment for any reason under clause 9.1 the Club shall within seven days
thereafter notify the Player in writing of the full reasons for the action taken.

9.3 By serving written notice on both the Club and the League, the Player may, at any time after the date of
termination, file an appeal against the Club's decision with the League. The appeal will be handled in line with the
procedures that apply as per the League Rules, and the Player may file the appeal no later than fourteen days after
receiving written notification under clause 9.2.

9.4 In the event that the Player exercises his right of appeal, the Club's termination of this agreement will not take
effect until it has been established that the Club was entitled to do so in accordance with clause 9.5.3. Should this be
the case, the Player will no longer be eligible for any compensation or benefits as of the end of the notice period
mentioned in clause 9.3, and any payments made by the Club in connection therewith will immediately become due
from the Player to the Club.

9.5 Pending the hearing and determination of such appeal the Club may suspend the Player for up to a maximum of
six weeks from the date of notice of termination and if the Board so determine such suspension shall be without pay
provided that:

9.5.1 the payment due to the Player in respect of the fourteen days’ notice period under clause 9.1 is made to
the Player forthwith;
9.5.2 as and when it would otherwise have become due for payment to the player, an amount equal to the
compensation that would have otherwise been due to the player but for the unpaid suspension is paid to an escrow
account held by the PFA; after the appeal is decided, the PFA will either pay the money (including interest earned
on the said account) to the player or return it to the Club in accordance with the appeal decision;

9.5.3 all other benefits for the Player under the provisions of clauses 5.1.2 and 5.1.3 of this contract shall be
maintained and remain in force while the appeal is pending; and

9.5.4 The Club may bar the Player from using the Club's grounds and training area during any such suspension,
and it may also refuse to give the Player any playing, training, or other responsibilities.

9.6 Upon any termination of this contract by the Club becoming operative the Club shall forthwith release the Player’s
registration.

10) Termination by the Player

10.1 The Player can terminate this contract by providing fourteen days' notice in writing to the Club if the Club:

10.1.1 is found to be guilty or consistently violating the terms of the contract.

10.1.2 fails to pay any Compensation or other payments or incentives due to the Player or make accessible
due to him as it or they become payable or within fourteen days thereafter and has still defaulted to make payment
in full or make the privileges ready by the expiration of the fourteen-day notice.

10.2 The Club may within fourteen days of acknowledgment of any notice of discontinuation of this contract by the
Player in accordance with clause 10.1 give written notice of plea against such discontinuation to the Player and to
the League which shall hear such appeal in accordance with methods relevant in accordance with the League Rules.
10.3 If the Club implements its right of plea in accordance with clause 10.2 the discontinuation of this contract shall
not become functional unless and until it shall have been ascertained that the Player was eligible to discontinue this
contract because of clause 10.1.

10.4 Upon any discontinuation of this contract by the Player becoming functional the Club shall instantly discharge
the Player’s admission.

11) Grievance Procedure

If the Player has any objection in connection with his employment under this contract the grievance procedures set
out shall be available to the Player.

12) Player’s Representation

In any disciplinary or grievance process the Player is authorized to be accompanied and represented by his Club
captain, a PFA delegate or any authorized officer of the PFA.

13) Survival

Even after this contract ends, the terms and conditions of this agreement remain applicable to any actions or inactions.

14) Confidentiality Clause

This agreement should be regarded as private and confidential, and neither the Club nor the Player, nor any of their
agents, are allowed to reveal or disclose its contents to any individual, business, or organization, either directly or
indirectly. Except:

14.1 with the prior written agreement of both the Club and the Player; or

14.2 as may be prescribed by any statutory regulating bodies, either governmental or quasi-governmental, or as
otherwise required by law or the Rules, including (where applicable) any recognized stock exchange.; or
14.3 in the case of the Player to his duly appointed Agent and professional advisers including the PFA; or

14.4 in the case of the Club to its duly appointed Agent and its professional advisers or to such of its directors’
secretary servants or representatives or auditors to whom such disclosure is strictly necessary for the purposes of
their duties and then only to the extent so necessary.

15) Arbitration/Alternate Dispute Resolution

Any dispute between the Club and the Player not provided for in clauses 9, 10, 11,12 hereof shall be referred to
arbitration in accordance with the League Rules or (but only if mutually agreed by the Club and the Player) in
accordance with the FA Rules.

16) Miscellaneous

16.1 The Club and the Player entered a contract that overrides any prior contracts (if any) between the Club and the
Player, together with any other instruments mentioned herein.

16.2 This contract is signed by the parties hereto in duplicate so that for this purpose, they shall constitute one
agreement.

17) Jurisdiction

In matter of a conflict or a dispute between the Player and the Club, the jurisdiction lies with the Indian courts.
SIGNED by the Player

in the presence of:

(Witness signature)

SIGNED by the Player’s parent or guardian (if the player is a minor)

in the presence of:

(Witness signature)

(Address)

Occupation

SIGNED by the Manager

for and on behalf of the Club in the presence of:

(Witness signature)

(Address):

Occupation:

Did the Player use the services of an Agent Yes/No

If yes, name of Agent:

Signature of Agent