Sports Matters – International Power law Alliance https://www.international-powerlaw-alliance.com Advocates, Professionals & Consultants Sat, 07 Jan 2023 12:03:12 +0000 en-GB hourly 1 https://wordpress.org/?v=6.5.5 https://www.international-powerlaw-alliance.com/wp-content/uploads/2019/10/cropped-favicon-150x150.png Sports Matters – International Power law Alliance https://www.international-powerlaw-alliance.com 32 32 TYPES OF SPORT SPONSORSHIP CONTRACTS IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/types-of-sport-sponsorship-contracts-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/types-of-sport-sponsorship-contracts-in-cameroon/#respond Sat, 07 Jan 2023 12:00:10 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2999 TYPES OF SPORT SPONSORSHIP CONTRACTS IN CAMEROON Read More »

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A sponsorship contract is the agreement governing the legal relationship between the sponsor and the individual, a team or event organizer being sponsored. In a sponsorship contract, one of the parties undertakes to provide financing or any other support for the sponsored party’s activities or organization; and the other party undertakes to promote the sponsor by presenting it to its network during the mentioned activity or event.

There are different types of sport sponsorship contracts as follows;

– Sponsorship for individual athletes:

 This is sponsorship for an individual athlete. The sponsor usually supports the sponsored party not for an individual activity or organization, but provides financing or any other support for all activities of the athlete. The athlete as a counter performance undertakes to fulfil some communication tasks usually in the case of image transfer such as a jersey advert.

– Sponsorship for a sports organization:

This is a type of event sponsorship. Here the image is transferred to an organization as against an individual athlete. Hence, you find the logo of the sponsor on advertisement, tickets, t-shirt, jerseys etc.

– Sponsorship for sports teams or sports clubs:

This sponsorship contract is between a sports club and a sponsor. This sponsorship contract covers the aspect of financing, providing outfit, clothes, shoes, sports gear and other sports equipment, or undertaking medical services of a sports club etc. the sponsored party promotes the sponsor by wearing the sport equipment which will have the logo or advert of the sponsor during events like press conferences, matches etc.

– Sponsorship for coaches:

This is a type of sponsorship contract in which the sponsor provides sporting equipment such as clothes, shoes, sports gear in exchange for the transfer of the coach’s image. The coach will wear these clothes or use the equipment during the match, press conference or training sessions thereby promoting the sponsor.

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TYPES OF SPORTS CONTRACTS IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/types-of-sports-contracts-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/types-of-sports-contracts-in-cameroon/#respond Sat, 07 Jan 2023 11:55:22 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2997 TYPES OF SPORTS CONTRACTS IN CAMEROON Read More »

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Sports contracts are similar to other contracts we come across each day, as they are mutual agreements that legally bind two or more parties. In the sports industry, sports contracts are those contracts, which occur between sports organizations or sports agents and players or athletes. It defines the rights and responsibilities of the various players in the professional sports business.

Sports contracts are generally express contracts as they manifest the express will of the parties either in the form of words or spoken through the methods of the offer, acceptance and consideration.

The position of implied contracts in the professional sports industry is quite difficult because it is not possible to prove the implied sports contract.

There are several types of contracts used in the professional sports world by organizations and players/athletes. They are as follows;

-Professional Service Contracts:

These are contracts signed between athletes and sports clubs or entities. These contracts are also known as standard player contracts. They are contracts of a standardized form also referred to as the boilerplate form as formal language is used and can be reused without any major alteration.

-Endorsement Contract:

This kind of contract does not require a relationship of employer and employee. These are contracts related to sponsorship rights and obligations. This contract grants the sponsor the right to use the athlete’s name, image, or likeness in connection with advertising the sponsor’s products or services.

-Appearance Contracts:

 These are contracts that touch on the payment of the player/athlete for his/her appearance in any public event of any organization, institute, or company by way of Contract. Hence, it is a contract between the venue and the athlete.

-Agency Contracts:

These are contracts engaged between the agent(s) and sports persons. The agents usually help in managing the financial and professional life of the athlete.

-Insurance Contracts:

 These are contracts, which regulate the indemnity of a player/athlete in cases of injuries or accidents. Hence, they ensure the safety of the player or athlete.

-Contract of Image Rights:

 This is a contract aimed at protecting the use of the image of the athlete for commercial purposes. These image rights are also known as publicity rights.

-Contract of player transfer:

 These are sports contracts, which deal with the transfer of players from one sports club to another. These types of contracts are quite complex in nature as they cover several other aspects of the sports law to be complete such as employment law in sports, intellectual property transfer, image rights transfer, brand rights transfer, etc.

-Contract of broadcast:

This is a media right contract to broadcast the images of a sports event, sports organization, or sports club. However, each sports organization has its own regulation regarding the sale of its broadcast rights.

-Contract of brand rights:

Very common in sport sponsorship contract deals are contracts over the rights of brands. Most often, the sponsor will ensure that his brand is protected and promoted as best as possible by the sponsored party. This explains the inclusion of a morality clause in the brand protection contract.

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THIRD-PARTY OWNERSHIP OF PLAYERS’ ECONOMIC RIGHTS https://www.international-powerlaw-alliance.com/practice-blogs/third-party-ownership-of-players-economic-rights/ https://www.international-powerlaw-alliance.com/practice-blogs/third-party-ownership-of-players-economic-rights/#respond Sat, 07 Jan 2023 11:45:04 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2993 THIRD-PARTY OWNERSHIP OF PLAYERS’ ECONOMIC RIGHTS Read More »

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(THIRD-PARTY INFLUENCE ON CLUBS)

In accordance with article 18 of the FIFA statutes of October 2020, no club shall enter into a contract which enables the counter club/counter clubs, and vice versa, or any third party to acquire the ability to influence in employment and transfer-related matters its independence, its policies or the performance of its teams. The FIFA Disciplinary Committee may impose sanctions on clubs that do not observe this provision.

Third-Party ownership of players’ economic rights

No club or player shall enter into an agreement with a third party whereby a third party is being entitled to participate, either in full or in part, in compensation payable in relation to the future transfer of a player from one club to another, or is being assigned any rights in relation to a future transfer or transfer compensation.

The above provision comes into force on 1 May 2015.

Agreements covered by the first paragraph which predate 1 may 2015 may continue to be in place until their contractual expiration. Such contracts may not be extended.

The validity of any agreement covered by the above provision signed between 1st January 2015 to 30th April 2015 may not have a contractual duration of more than one year beyond the effective date.

By the end of april 2015, all existing agreements covered by the first paragraph need to be recorded within the Transfer Matching System (TMS). All clubs that have signed such agreements are required to upload them in their entirety, including possible annexes or amendments, in TMS, specifying the details of the third party concerned, the full name of the player as well as the duration of the agreement.

The FIFA Disciplinary Committee may impose disciplinary measures on clubs or players that do not observe the above obligations.

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THE SUPERVISION AND CONTROL OF THE STATE OVER NATIONAL SPORTS ACTORS https://www.international-powerlaw-alliance.com/practice-blogs/the-supervision-and-control-of-the-state-over-national-sports-actorsthe-ministry-in-charge-of-sports-exercises-the-supervision-of-the-state-over-sports-associations-notably-sports-clubs-sports-leagu/ https://www.international-powerlaw-alliance.com/practice-blogs/the-supervision-and-control-of-the-state-over-national-sports-actorsthe-ministry-in-charge-of-sports-exercises-the-supervision-of-the-state-over-sports-associations-notably-sports-clubs-sports-leagu/#respond Sat, 07 Jan 2023 11:36:32 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2989 THE SUPERVISION AND CONTROL OF THE STATE OVER NATIONAL SPORTS ACTORS Read More »

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The ministry in charge of sports exercises the supervision of the state over sports associations, notably sports clubs, sports leagues, and sports federations. As such, it ensures that they respect the strategic orientations set by the national policy for the development of physical and sports activities.

The coordination of physical and sports activities is the responsibility of the ministry in charge of sports. In this respect, it may, in case of serious fault involving the responsibility of a sports association, suspend the activities of the said association or withdraw its approval under the conditions and according to the modalities fixed by regulations.

The ministry in charge of sports shall exercise control over the national Olympic and sports committee of Cameroon and the national Paralympic committee of Cameroon.

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THE SCOPE OF SPORTS FEDERATION IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-sports-federation-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-sports-federation-in-cameroon/#respond Sat, 07 Jan 2023 11:27:57 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2985 THE SCOPE OF SPORTS FEDERATION IN CAMEROON Read More »

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A sports federation is a nationwide grouping of several sports associations, sports societies and licensees of one or more sports disciplines. It may be civil, military, school or university, or concern sport for the disabled.

Civil sports federations may be created around one or more sports disciplines.

Military, school, university or disabled sports federations bring together associations and members of several sports disciplines.

These associations or licensees may join a civil sports federation of their choice.

The sports federations participate in the execution of a public service mission. As such, they;

  • Are in particular in charge of the organization and promotion of physical and sports activities and ensure, in liaison with the administration in charge of sports and the national Olympic committee, the training and improvement of their executives
  • Issue sports licences and federal titles.
  • Exercise disciplinary powers, in accordance with the laws and regulations in force, as well as the general principles of law, with regard to the sports associations, sports societies that are members and their members.
  • Lay down the regulations relating to their discipline and ensure their application as well as that of the rules laid down by the National Olympic Committee or the International Olympic Committee and the international sports bodies to which these federations are affiliated with regard to technical standards.
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THE SCOPE OF SPORT ASSOCIATION IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-sport-association-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/the-scope-of-sport-association-in-cameroon/#respond Sat, 07 Jan 2023 11:25:06 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2983 THE SCOPE OF SPORT ASSOCIATION IN CAMEROON Read More »

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An association is said to be a sports association when it usually organizes, even on an ancillary basis, the practice of one or more physical discipline(s) or exercise(s).

Sports associations are governed by Law No. 96/09 of 5 August 1996. They may be civil, military, school, university or disabled people’s associations. Their creation and operation are subject to the prior approval of the Minister of Sports.

Their creation and operation shall cease upon withdrawal of the approval of the ministry of sport.

Primary, secondary and higher education establishments, as well as specialized institutions for the disabled, may each have a sports association.

The sports association of higher education institutions shall organize and develop the practice of physical and sports activities in compliance with the laws and regulations relating to higher education.

The sports associations of nursery schools are created on the initiative of each school. School sports associations may form district, departmental or provincial committees among themselves and university sports associations may form sectors and/or development areas.

Civil sports associations may, as the case may be, form districts, leagues or provincial committees within administrative units. Federations shall bring them together on a national scale.

Sports associations shall freely adopt their statutes. These statutes shall be approved by the sports federations with which they are affiliated.

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THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO A SPORT SPONSORSHIP CONTRACT https://www.international-powerlaw-alliance.com/practice-blogs/the-rights-and-obligations-of-the-parties-to-a-sport-sponsorship-contract/ https://www.international-powerlaw-alliance.com/practice-blogs/the-rights-and-obligations-of-the-parties-to-a-sport-sponsorship-contract/#respond Sat, 07 Jan 2023 11:18:38 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2980 THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO A SPORT SPONSORSHIP CONTRACT Read More »

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Both the sponsor and the sponsored party have rights and obligations to fulfil during the pendency of a sport sponsorship contract in Cameroon. These right and obligations are as follows;

1)     Sponsor

  • Provision of finance and services:

The provision of financing or any other support for the sponsored party’s activities is the main obligation of the sponsor in a sport sponsorship contract. These obligations such as the payment of the sponsorship right fee and other contributions in kind like the provision of certain services to the sponsored party are aspects of the main obligation of the sponsor.

  • Performance of tasks: There is the aspect of the performance obligation of the sponsor, as he is required to provide certain services to ensure the contract is respected. Failure to provide these services and contribution will lead to a breach of the contract.

2)     Sponsored Party

  • Promotion: The sponsored party has as obligation to promote the image, equipment and services of the sponsor.
  • Provide an enabling environment for success: It is the obligation of the sponsored party to ensure that best preparation practices are put in place for the success of the sponsored event and advertisement of the logo, information and services of the sponsor.
  • Duty to Inform: As the most important element in the sport sponsorship contract is the transfer of image, the sponsor should be informed before the sports activity or organization extensively and should be notified of any changes during the activity.

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THE REGIME OF SPORTS COMPANIES IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/the-regime-of-sports-companies-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/the-regime-of-sports-companies-in-cameroon/#respond Sat, 07 Jan 2023 11:16:07 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2978 THE REGIME OF SPORTS COMPANIES IN CAMEROON Read More »

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A sports group affiliated to a sports federation regulated by law, which usually participates in the organization of paying sports events, generating revenue at least equivalent to a threshold set by a decree implementing this law (Law No. 96/09 du 5 August 1996), and which employs sportsmen and women in return for agreed remuneration, may, for the purpose of carrying out its activities set up a public limited company governed by the legislation on commercial companies.

This company shall adopt the status of a sports company, the purpose, legal status and functioning of which shall be determined by law.

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THE CONCEPT OF SPORTS FOR ALL IN CAMEROON https://www.international-powerlaw-alliance.com/practice-blogs/the-concept-of-sports-for-all-in-cameroon/ https://www.international-powerlaw-alliance.com/practice-blogs/the-concept-of-sports-for-all-in-cameroon/#respond Sat, 07 Jan 2023 11:14:52 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2976 THE CONCEPT OF SPORTS FOR ALL IN CAMEROON Read More »

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Sport for all aims to facilitate the access of the population living on the national territory to the practice of physical and sports activities, without discrimination of any kind.
It is characterized by the absence of any obligation to perform and its development is carried out through voluntary gymnastics or specialized physical and sports education for disabled persons.
It is developed either through individual practice or on the scale of small groups or associations.
It may be organized in the workplace, under the responsibility of the company manager and the staff representatives, with a view to the prevention of occupational risks and may give rise, where appropriate, to the setting up of relevant committees, in compliance with the company’s internal regulations.

The practice of physical and sports activities by persons with disabilities may be carried out for therapeutic, medical, corrective, or recreational purposes.

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TERMINATION OF ENDORSEMENT DEALS IN SPORTS https://www.international-powerlaw-alliance.com/practice-blogs/termination-of-endorsement-deals-in-sports/ https://www.international-powerlaw-alliance.com/practice-blogs/termination-of-endorsement-deals-in-sports/#respond Sat, 07 Jan 2023 11:13:32 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=2974 TERMINATION OF ENDORSEMENT DEALS IN SPORTS Read More »

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The wrongful termination in an endorsement deal can lead to serious litigation battles and consequences before a competent court. It is therefore imperative that the termination provision in an endorsement contract should clearly describe the situations in which either side can walk away from the relationship.

These may involve a breach of the agreement or contract or a simple decision not to renew the contract when it expires.

It is important that the termination clause should clearly define the notice that either party must provide to the other for terminating or extending the endorsement deal.

The termination clause should also provide for final payments owed to the athlete after a notice of termination is issued.

It is important for the sponsor to carefully monitor the compliance with the contract and address any issues with the athlete as soon as they arise because if the athlete has breached his terms severally through bad behaviour without the action of the sponsor to terminate the contract, it will become impossible for the sponsor going forward to suddenly terminate the agreement for reason of bad behavior for he has tolerated same behavior multiple times before.

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