The PWHL sent a memo to players on behalf of the PWHLPA last week, stating the intent to ban agent fees on contracts below $50,000. Agents and players fear the move could hurt the lowest paid players in the league.

Many of the PWHL's lowest paid players may soon be without representation and advocacy in the form of player agents if a memorandum sent to players by the PWHL and PWHLPA comes into action. 

In a memo sent by the PWHL on behalf of the PWHPA to players last month, it was stated the league plans to ban agents from taking a commission fee on player contracts paying less than $50,000. As players and agents who contacted The Hockey News fear, this could cause lower paid players to lose their representation, remove career supports and protection for athletes, and hinder their ability to earn through sponsorships, endorsements, and other bookings.

As described in the email, sent by PWHL Director of Player Experience Alexis Miller on behalf of the PWHLPA, the purpose of the memorandum "is to make our players and their agents aware of pending potential registration and regulation requirements."

Player agents were addressed in Section 7.3 of the collective bargaining agreement, but the proposed regulations would be in addition to the language used in the CBA.

Players and agents however, are concerned that close to half the league could lose protections, advocacy, and support of agents. As a pair of agents told The Hockey News, they don't expect any agents will complete negotiations and provide other services for clients "for free." Both stated their agencies would survive the move as they have strong men's hockey departments, but they fear other agencies will not.

As the memo reads, "Agent fees shall not be charged for salaries of $50,000 or less."

With six players per team guaranteed a minimum of $80,000 per season, including some earning more than that figure, the remaining 17 players will have an average salary of roughly $46,000 or lower. Among the members of the new PWHLPA board, the four active players - Hilary Knight, Kendall Coyne Scofield, Brianne Jenner, and Sarah Nurse - are all guaranteed a minimum of $80,000 for three years. The proposed rules also stipulate agents fees of these higher paid players "shall be capped at 3%. Other fees shall be capped at 20%."

Those three year contracts are guaranteed, including against poor on ice performance, and cannot be terminated, while all other contracts signed can be terminated "prior to the end of its term because of the quality of the Player’s on-ice performance" or "at any time and for any reason" aside from "pregnancy, maternity leave, parental leave, or on-ice and/or off-ice training injuries."

While the memo focuses on agents, according to a third agent with nearly two decades of experience who represents several current members of the PWHL player pool, the impact of this rule could be dangerous for players.

"This isn’t about an agent’s ability to make a living; what the league is proposing is in fact extremely dangerous to players," the agent, who requested anonymity, told The Hockey News. 

"Many agents will step out of the sport, leaving only the highest-paid athletes to be protected. It will likely mean agents pay less attention, take less care and may work less diligently with these players so they can work with other athletes or have different jobs to make any money at all. The overwhelming majority of PWHL players will make less than $50,000. In addition, the proposed limitations - minimum salary and percentage of commission - are significantly lower than other women’s professional leagues."

The role of agents in professional sport, specifically in the burgeoning market of women's professional sport is an important one as Karell Emard, former PWHPA board member and now Director of Operations for Quartexx's women's hockey branch told the Montreal Gazette. When her agency signed their first five women's hockey players this year, Emard stated the goal of women's hockey players having representation "is to protect the women and make sure they’re well represented and well supported in this beginning (phase) for women’s hockey," in what she called a "very sharky business."

As defined in the memo, agents will be required to register and pay a fee to be certified by the league, and state agents "must always maintain a standard of integrity and ethical behaviors...must always use their best efforts on behalf of their clients...Fiduciary duties must be met and conflicts must be avoided or fully disclosed" and failure to do so, or to act in their clients' best interest could result in discipline.

While this memo was the expressed intention of the PWHL and PWHLPA, the memo signalled the terms are subject to change stating, "These represent possible outcomes and are neither binding nor exclusive at this time," 

Requests for comment from the PWHLPA were not returned.