10.4 Arrangements for Additional Services
10.4.1 Notification of Additional Services Agreements
In the event that a Club, or any Associate of a Club makes or enters into any contract, agreement, arrangement or understanding, whether formal or informal, whether or not having any legal force or effect and whether by way of variation of an existing arrangement or otherwise:-
(a) to make a payment to a Player or to any Associate of a Player;
(b) to give or provide any consideration, advantage or benefit to a Player or any Associate of a Player; or
(c) to apply any payment, consideration, advantage or other benefit for a Player or any Associate of a Player
in consideration of the Player providing or supplying Additional Services to the Club or to an Associate of a Club (“the Arrangement”), then the Club shall within 28 days, (or such other period specified by the Investigations Manager), give written notification to the Investigations Manager of the Arrangement, setting out full and detailed particulars of the Arrangement and annexing any documents which record, evidence or give effect to the Arrangement.
10.4.3 Notification of Player Arrangements With An Associate of a Club Which Have No Connection With The Club Arrangement
In the event that an Associate of a Club makes or enters into any contract, agreement, arrangement or understanding, whether formal or informal, whether or not having any legal force or effect and whether by way of variation of an existing arrangement or otherwise which has no connection with the Club arrangement with the Associate of the Club:-
(a) to make a payment to a Player or to any Associate of a Player;
(b) to give or provide any consideration, advantage or benefit to a Player or any Associate of a Player; or
(c) to apply any payment, consideration, advantage or other benefit for a Player or any Associate of a Player
in consideration of the Player providing or supplying Additional Services to an Associate of a Club, the Player must:-
(a) submit all relevant details, as may reasonably be required, to the AFL General Manager - Football Operations; and
(b) notify the AFL Club of the general nature of the proposed arrangement,
prior to the date of the commencement of the commercial arrangement.
In the event that the AFL General Manager - Football Operations approves such commercial arrangement under clause 16.7 of the CBA, such approval shall apply for the term of that commercial arrangement.
10.4.7 Bona Fide Arrangements
Without limiting the matters to which the Investigations Manager may have regard in determining whether any Arrangement is bona fide, the Investigations Manager may have regard to the following matters:-
(a) whether the Arrangement is the subject of a signed agreement in writing;
(b) whether the Player is required to perform Additional Services personally, and whether he has done so; and
(c) whether in all the circumstances any fee, charge, payment, consideration, advantage or benefit provided under or in connection with the Arrangement is reasonable in the opinion of the Investigations Manager.
The Club, Player or Associate as the case may be, shall bear the burden of proving to the Investigations Manager that any Additional Services arrangements are bona fide and, without limitation, it shall be incumbent on any person seeking to establish the bona fides of an Arrangement that the fee paid or to be paid in respect of the Additional Services provided is a normal commercial fee relative to such Additional Services.