Heads of Agreement

[jabberwocky 2,301]

It has been rumoured that a number of players have signed a "Heads of Agreement" with the incoming franchise. It is also believed that GAJ signed such an agreement prior to the beginning of last season. I would like to know in essence what it means and if and how the parties are bound.

Are there any experts out there in this field that might be able to explain the concept and the different forms they take?

EDIT: This is not a thread discussing any particular player.

[Watt and Howe? 16]

Lawyer here...

HOA is very simply:

1) It is NON-BINDING

2) Outlines MAIN issues/terms in an agreement

3) NOT ENFORCEABLE until adopted into the parent contract (which of course must be agreed upon)

Hence, the whole media dribble about Tom wanting to get out of a HOA but can't is simply rubbish.

EDIT: Clarity and intention in the HOA are important if one wishes to be bound but the fact a HOA and not an ACTUAL contract has been supposedly formed between the Scull and GWS IMHO isn't practical on Scull's behalf.

EDIT 2: As mentioned on the TS thread there is an agreement between GWS and AFL that uncontracted players cannot be signed up until seasons end and so any argument of HOA being binding is rubbish (illegal by nature to stipulate a contract).

MYTH BUSTED

p.s. mods this should probably be moved into the TS thread.

[Whispering_Jack 28,128]

It depends entirely upon the terms of a Heads of Agreement document and how it is drawn as to whether or not it is binding on the parties.

If the document has been drawn up by a club's legal people, you can be sure that it's intended to be binding but one can't be 100% certain without seeing the document itself.

If you're referring to suggestions that Tom Scully might have signed such a document late last year and now wants out, these infer that he was being deceptive in answering questions at his press conference from earlier in the year.

I don't believe that he would risk having his integrity impugned in this way and I don't accept as credible the suggestion that he has signed a heads of agreement binding him to GWS.

[Watt and Howe? 16]

It depends entirely upon the terms of a Heads of Agreement document and how it is drawn as to whether or not it is binding on the parties.

see ABOVE edit 2.

[Range Rover 1,935]

Lawyer here...

HOA is very simply:

1) It is NON-BINDING

2) Outlines MAIN issues/terms in an agreement

3) NOT ENFORCEABLE until adopted into the parent contract (which of course must be agreed upon)

Hence, the whole media dribble about Tom wanting to get out of a HOA but can't is simply rubbish.

EDIT: Clarity and intention in the HOA are important if one wishes to be bound but the fact a HOA and not an ACTUAL contract has been supposedly formed between the Scull and GWS IMHO isn't practical on Scull's behalf.

EDIT 2: As mentioned on the TS thread there is an agreement between GWS and AFL that uncontracted players cannot be signed up until seasons end and so any argument of HOA being binding is rubbish (illegal by nature to stipulate a contract).

MYTH BUSTED

p.s. mods this should probably be moved into the TS thread.

What on earth is the point of it then?

[rpfc 27,692]

What on earth is the point of it then?

What's the point of a handshake?

A verbal agreement?

Stop signs?

[rhaz 342]

What on earth is the point of it then?

Probably to indicate intention... basically putting the points of a contract down on paper without actually turning into a real contract? So they can have a hard transcript of the agreements that have been made, so as soon as the seasons ended, all Sculls would have to do is sign the real contract as he'd already know the terms and stuff from the HOA.

[Watt and Howe? 16]

What on earth is the point of it then?

Intent & clarification of contract. Still, total BS to me.

Edited June 9, 2011 by Watt and Howe?

[jabberwocky 2,301]

Thanks to Watt and Howe, WJ and Choko in the other thread.

[Disco Demons 92]

i'm assuming the agreement basically highlights what GWS is offering scully...

What if scully breaks his leg and can never play again...GWS are covering themselves also...otherwise they'd have to pay him out..i'm

[Range Rover 1,935]

What's the point of a handshake?

A verbal agreement?

Stop signs?

Rpfc .. you need to get over that thrashing I handed out to you in Ultimatefooty last week

[daisycutter 28,728]

Probably to indicate intention... basically putting the points of a contract down on paper without actually turning into a real contract? So they can have a hard transcript of the agreements that have been made, so as soon as the seasons ended, all Sculls would have to do is sign the real contract as he'd already know the terms and stuff from the HOA.

Also a HOA in a business environment can also serve as a pre-requisite to discussing confidential issues of a companies business that otherwise they would not be prepared to divulge

This would not be applicable in this situation

The only reason I could see in a situation like this would be to go through all the T's & C's of a contract from both parties requirements (which could take some time) so that at the end of the season it didn't drag on for months (if the intention was to proceed)

Anyway, I agree with W&H above that its all BS with respect to Sculls and its enforcability (if exists)

[H_T 2,941]

i'm assuming the agreement basically highlights what GWS is offering scully...

What if scully breaks his leg and can never play again...GWS are covering themselves also...otherwise they'd have to pay him out..i'm

Fricking what agreement ?!

I wish some would stop re-writing history. At best they're just allegations. And according to the best source of all, they don't even exist.

[Curry & Beer 5,444]

this is a scully thread

[Whispering_Jack 28,128]

this is a scully thread

Correct and we can't allow too many days to go by without a new one starting.

I hope the next one is started on Monday evening and is about how he exposed Collingwood's undermanned midfield and gave his team a major victory.

[rpfc 27,692]

Rpfc .. you need to get over that thrashing I handed out to you in Ultimatefooty last week

We had a HoA that we wouldn't mention it!

Not worth a damn thing those things are...

[rpfc 27,692]

Correct and we can't allow too many days to go by without a new one starting.

I hope the next one is started on Monday evening and is about how he exposed Collingwood's undermanned midfield and gave his team a major victory.

Amen to that.

[Curry & Beer 5,444]

Correct and we can't allow too many days to go by without a new one starting.

I hope the next one is started on Monday evening and is about how he exposed Collingwood's undermanned midfield and gave his team a major victory.

the sad thing is the better he plays the more the media and the people on this board will discuss him leaving

[jabberwocky 2,301]

Actually I have heard the term Heads of Agreement mentioned many times. We have had a number of posters comment on what it consists of without any definitive definition. For my own sake and others I thought it might be helpful to actually understand what it consists of.

At no stage did I mention Scully in the O/P and ended up amending the title later for clarity.

The thread has just as much relevance to rumours of HOA being signed between GWS and players of other clubs.

Think I better take a break from 'land, it appears that I have issues with clarity. Might have to play myself into form on Bigfooty or something before I come back.

[satyricon 267]

.......A Heads of Agreement is where you agree to not 'lose your head' on unfounded rumour and speculation, it has been announced in the media today that not many posters on Demonland could actually agree to an HOA, but that may just be a rumour, as Tom Scully (going off topic) was not available to confirm or deny the report.....that is all.

[Tricky 340]

Lawyer here...

We won't hold that against you B)

this is a scully thread

Hilarious! It was always going to go that way despite the OP's best efforts for it not to. LOL

Hopefully we have learnt that at least one of the TS rumours is complete shisen.

[Disco Demons 92]

Fricking what agreement ?!

I wish some would stop re-writing history. At best they're just allegations. And according to the best source of all, they don't even exist.

Heads of Agreement....

i think you've cracked...go have a lie down before you get a blood nose

Edited June 9, 2011 by High Tower
disco - have another look at your post - you're the one who mentioned Scully in this thread !

[Rogue 585]

I think the question has been answered as best as we'll see it.

To discuss Scully, or the alleged HoA in relation to Scully, use the existing discussion: