Right to represent template: candidate consent to submit, and settling double submissions

A right to represent (RTR) is a candidate's written permission for one agency to submit them to one client for one role. It records who agreed, to what, and when, so that if two agencies submit the same person the client can see who had consent first. Send it before the resume goes out, keep it specific, and store the dated reply where anyone on your desk can find it in a dispute.

The IT contractor screening questions page includes a short contract-rate RTR. This page goes further: templates for direct hire and contract roles, a short email-reply version, a withdrawal notice, an RTR log, and how to handle a double submission once it has happened. For the process that stops double submissions in the first place, see how to avoid double submissions.

What an RTR does, and what it does not do

The legal weight of an RTR mostly comes from the client agreement. Many staffing agreements say which agency "owns" a candidate for a period after submission, and some say the client pays no fee for a candidate it already knew. Read that clause for each client; it matters more than the wording of the RTR.

Four right to represent templates

1. Direct hire RTR

For permanent placements. It names the salary expectation you discussed rather than a rate.

Subject: Permission to submit you — [Role] at [Client]

Hi [candidate first name],

Thanks for your time today. As we discussed, I'd like to submit you
for the role below. Please reply "I agree" to this email so I have
your permission in writing.

  Role:        [title]
  Company:     [client name]
  Location:    [city; on-site / hybrid ___ days / remote]
  Salary:      [base range discussed], [bonus/equity if known]
  Your stated expectation: [amount, as you told me]

By replying "I agree", you confirm that:
- [Agency name] may send your resume and my summary of our
  conversation to [client name] for this role only.
- You have not applied to this role directly, and no other agency or
  person has submitted you for it.
- You will tell me if anyone else contacts you about this role.

This permission covers this role only and ends when the role is
filled or closed, or when you tell me in writing that you want to
withdraw.

[Your name], [Agency], [phone]

2. Contract or temp RTR with rate and engagement type

Use this when the rate and how the person is paid must be pinned down, or when the client's vendor management system asks for an attestation.

RIGHT TO REPRESENT

I, [candidate full legal name], give [Agency name] the exclusive right
to submit me for the position below until [date] or until the position
closes, whichever comes first.

Client:            [client name]  (end client if different: [ ])
Position:          [title], requisition/VMS ID [ ]
Location/setup:    [ ]
Pay rate:          $[ ] per hour, [W-2 with Agency / other: ___]
Expected length:   [ ] months, start [date]

I confirm:
1. I have not been submitted to this client for this position by any
   other agency, and have not applied directly.
2. I have not been submitted to this client for any position in the
   last [__] months, except: [list, or "none"].
3. I will not authorize another party to submit me for this position
   while this right to represent is in effect.

Signed / typed name: ______________   Date and time: ______________
Email: ______________

Line 2 matters for clients whose agreements exclude candidates already known to them. Asking it up front tells you whether a fee is at risk before you spend time on the submittal.

3. The short email-reply RTR

For high-volume desks where a long form slows everything down. Keep the facts; drop the prose.

Subject: OK to submit? [Role], [Client], $[rate or salary]

[First name] — to confirm our call: may I submit you to [client] for
[role] in [location] at [rate/salary]? You haven't applied there or
been sent by anyone else for this role.

Reply YES and I'll send your resume today. This covers this role only.

[Your name]

4. Withdrawal of representation

When a candidate pulls out, record it in writing, both from the candidate and to the client.

To the candidate:
Subject: Confirming you've withdrawn — [Role], [Client]

Hi [first name], confirming that as of [date] you've asked me to
withdraw you from consideration for [role] at [client], and that I no
longer have your permission to represent you for it. I'll let them know
today. If anything changes, reply and we can talk.

To the client:
Subject: Candidate withdrawal — [candidate name], [role]

Hi [first name], [candidate name], whom I submitted on [date], has
withdrawn from the process for [role] as of today. Please remove them
from consideration for this role.

Tell the client that the candidate withdrew, not why, unless the candidate has agreed you can share the reason.

How to ask for the RTR on the call

The email is the record; the call is where consent actually happens. Before you send any RTR, say the client's name out loud and ask three questions:

1. "The client is [name]. Have you applied there, or talked to anyone there, in the last year?"
2. "Has any other recruiter mentioned this role or this company to you?"
3. "Are you happy for me to send your resume to them for this role at [rate or salary]? I'll email you to confirm in writing."

If the answer to either of the first two is "maybe", stop and find out. A candidate who "uploaded a resume somewhere" may already be in the client's ATS, and many agreements pay nothing in that case. The recruiter phone screen template puts these questions in the close of the call so they are never skipped.

Candidates often cannot remember every job board they applied through. Treat "I don't think so" as an honest answer, not a guarantee, and ask the client to check their ATS before you submit when the stakes are high.

The RTR log

An RTR you cannot find in five minutes does not help in a dispute. Keep one row per candidate, per client, per role, in your ATS or a shared sheet.

Candidate | Client | Role / req ID | RTR sent (date, time) | RTR received (date, time) | Method (email reply / e-sign / VMS) | Rate or salary | Submitted (date, time) | Submitted to (name) | Expires / ends | Withdrawn (date) | Notes

Three rules keep the log useful:

• Received before submitted. The "RTR received" time must be earlier than the "submitted" time on every row. Check it weekly.
• Keep the original. Save the candidate's actual email or signed PDF against the record, not just a note saying "RTR ok".
• One row per role. A new role at the same client needs a new RTR and a new row.

When a double submission happens

A client emails: "We received this candidate from another agency yesterday." Work through these steps in order, the same day.

1. Pull your record. The RTR, with the time it was received, and the submittal email with its sent time.
2. Call the candidate. Ask, without accusing, whether they agreed to another agency submitting them for this role, and when. Candidates sometimes say yes to two recruiters without realising it is the same job, particularly when one described it without naming the client.
3. Read the client agreement. Find the clause on duplicate submissions or candidate ownership. Common approaches are first submission with documented consent, first submission received by the client, or no fee if the candidate was already known.
4. Reply to the client with facts only. Your submission time, your consent time, and a copy of the consent if they ask for it. Do not comment on the other agency.
5. Let the client decide under its agreement. Arguing with the other agency directly rarely helps and can put the candidate in the middle.

Subject: [Candidate name] — [Role]: our submission record

Hi [first name],

Thanks for flagging this. Our record:
- Candidate's written permission to submit for this role:
  [date, time], by [email reply / signed form] (copy available)
- Submitted to [name] at [client]: [date, time]

I've also confirmed with [candidate first name] today that
[what they said, factually].

Happy to go with whatever your agreement with us provides for this.

[Your name]

Legal points to check for your agency

These are commonly raised points, summarized; confirm how each applies to you.

• Electronic consent. The federal ESIGN Act provides that a contract relating to a transaction in interstate commerce may not be denied legal effect solely because an electronic signature or record was used (15 U.S.C. § 7001). That is why an email reply is commonly used as an RTR. Whether a client accepts it is a matter for their agreement.
• Agencies that charge candidates. Most agencies are paid by the client. If yours charges candidates anything, state rules on written contracts can apply. For example, New York's General Business Law says an employment agency may not charge or accept a fee except under a written contract with the applicant (N.Y. Gen. Bus. Law § 185), and California's Civil Code requires a written contract for every jobseeker from whom a fee or deposit is to be received (Cal. Civ. Code § 1812.504). An RTR is not a substitute for those contracts.
• Sharing personal information. An RTR is also a good moment to tell the candidate what you will send (resume, your summary, rate) and to whom. Candidate privacy rules vary; California's applies to job applicants, as covered in CCPA and job applicant data.
• Client agreements. Ownership periods, "already known" exclusions and RTR requirements are contract terms. Record which agreement applies on the job order.

RTR mistakes and the fix

Good RTRs start with a clear record of what was said on the call. If you take notes with a transcription tool such as Interview Signal, tell the candidate at the start; our consent guide has a line to read aloud.