Representations and Warranties
Also known as: Reps and Warranties
In plain English
Representations and warranties are the promises each side makes about the facts that matter — like "I have the right to sign this deal" or "our product is safe."
Full definition
Representations and warranties (often called "reps and warranties" or just "reps") are factual statements each party makes about itself or its product as of the contract's effective date. Common athlete-side reps: the athlete is at least the age of majority (or has parental consent), has the right to grant the NIL license, is not subject to a conflicting agreement, is not under investigation for any matter that could trigger the morality clause, and has not previously assigned the rights being licensed. Common brand-side reps: the brand is duly organised, has authority to enter the deal, owns or has rights to its product, and has not made false claims about product performance. Breach of a rep is generally a termination-for-cause trigger and a basis for indemnification. Athletes should review their reps for any unintentional misrepresentations and qualify broad reps with "to the athlete's knowledge" where appropriate.
What it looks like in a contract
Athlete represents and warrants that: (i) Athlete has full power and authority to enter into this Agreement and to grant the rights granted herein, (ii) the performance of Athlete's obligations hereunder will not breach any other agreement to which Athlete is a party, and (iii) to Athlete's knowledge, there is no pending or threatened claim, investigation, or proceeding that would reasonably be expected to result in a morality-clause termination event.
Synthesised from common contract patterns. Not lifted from any specific real contract.
How RevU helps
RevU's NIL contract analyzer detects representations and warranties provisions automatically — flagging the exact triggering language, scoring athlete-vs-brand friendliness, and surfacing negotiation leverage where it exists. See Representation review in RevU for the full product context.
Check your contract freeRelated terms
Indemnification
Indemnification is a promise that one side will cover the other side's legal costs and damages if certain bad things happen.
Morality Clause
A morality clause lets the brand end your deal and sometimes claw back money if they decide your behaviour hurts their reputation.
Audit Rights
Audit rights give you the legal right to inspect the brand's books to make sure they paid you what you're actually owed.
Survival
Survival is the rule that lists which contract provisions stay in effect even after the deal ends.