HAR §16-74-64
HAR §16-74-64. Boxer-manager agreements
Cite as Haw. Code R. § 16-74-64
(a) Written. Managers shall file
with the commission all boxer-manager contracts executed in Hawaii within ten
days of the execution of the contract, unless permission from the commission is
obtained for a longer period of time.
(b)
Others. Verbal agreements or private civil agreements not filed and
approved by the commission shall not be valid and will not be recognized by the
commission.
(c)
Form. Contracts executed in Hawaii between boxer and manager
must be on a contract form approved and furnished by the commission, except in
such cases in which the commission specifically waives this requirement in
writing.
The commission may require that a boxer-manager contract, legally
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drawn under the jurisdiction of other competent courts, jurisdictions, or
commissions, be filed with the commission, if a dispute arises.
(d)
Validity.
A contract executed in Hawaii between manager and
boxer on file with and approved by the commission will be recognized until such
contract is set aside either by the commission, or by a court of competent
jurisdiction.
(e)
Transfer.
Contracts between a manager and boxer are not
transferable.
Any boxer for whose services there is a contract filed with the
commission shall be automatically suspended by the commission upon receipt of
a second contract signed by the boxer with another manager, unless the first
contract is mutually terminated or otherwise legally declared of no further effect.
The suspension will remain effective until the validity of the contracts is
established by proper court action.
Burden of proof in determining the proper
manager shall rest with the boxer.
(f)
Power-of-attorney.
If a licensed manager desires to represent
another licensed manager in securing contests for a boxer, such manager must
have in his possession a written power-of-attorney or written agreement from both
the manager and the boxer whom he represents.
This power-of-attorney or
agreement must be shown to the club, promoter or matchmaker from whom he is
attempting to secure a match. Power-of-attorney or any written agreement must
be filed with, and approved by the commission before it has any effect.
A
power-of-attorney can be revoked only in writing, which written revocation must
be filed with the commission. All parties to a power-of-attorney must be licensees
of the commission.
(g)
Earnings. All contracts executed in Hawaii between managers and
boxer must be in writing, signed in triplicate and the original filed with the
commission for approval.
Contracts must state the division of the boxer’s
earnings, which in no case shall allow the manager more than 33-1/3 per cent of
the boxer’s purses.
(h)
Limit. No manager shall be allowed to contract for the services of
boxer under his management for a match to take place on a date after the
expiration of the contract between the boxer and manager.
(i)
Purse. In cases where boxers execute contracts in Hawaii with a
manager, the boxer’s share of any purse which he may earn shall not be less than
66-2/3 per cent.
(j)
Void.
If a manager shall fail to make application for a license
within forty-five days after the expiration of his license, he shall forfeit all rights
to boxers on whom he has filed contracts in the State, and the boxer shall be free
to sign contracts with other licensed managers.
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(k)
Noncontract. If a manager is doing business for a boxer not signed
to a contract, such boxer must personally sign all contracts for appearances at
licensed clubs and his signature must be properly witnessed.
(l)
Signatures.
Contracts for the services of a boxer who has a
registered manager can only be signed by said manager.
In the absence or
unavailability of a boxer’s manager, the commission may accept a contract signed
by the boxer only. [Eff 10/2/81; comp 10/5/91] (Auth: HRS §440-6) (Imp: HRS
§440-9)