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, sport contracts are those contracts, which occur between sports organization 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 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.
Like every other contract, a sports contract in Cameroon must have some key clauses. They are as follows;
· Title Clause:
The sports contract should have a precise title through which it can be identified. For example a sports sponsorship contract, an endorsement contract.
· Information Clause:
The information and capacity of the contracting parties should be fully disclosed in the sports contract.
· Player services Clause:
Under this clause, the services the player is to render should be clearly stated and defined.
· Player obligations Clause:
This clause contains the obligations of contracting parties towards each other as regards their rights, duties and responsibilities.
· Term Clause:
This clause deals with the duration of the contract as it specifies the beginning date and the ending date. The contract automatically comes to an end after the expiry date.
· Revenue-sharing Clause:
This clause is applicable where the organization or company hiring the player intends to share in the revenue generated by the player when offering his services. The details as to the percentage each party is to earn is clearly stated.
· Bonus Clause:
This clause is applicable where the player engages exceptional performance and results in the exercise of his duties.
· Remuneration and other benefits Clause:
This clause enumerates the remuneration the player is to get in exchange for his services.
· No-Tempering Clause:
This clause protects the organization against a player enticing another employee of same organization to engage negotiations with another club while under contract.
· Arbitration Clause:
As per this clause, if any dispute arise, the matter should be resolved by an arbitrator on request of any of the parties.
· Board, lodging and travel expenses Clause:
This clause cover all aspects of boarding, lodging and travel expenses of the player. It usually states that all the costs mentioned will be borne by the club.
· Choice of Forum Clause:
As per this clause, the choice of law under which the parties to the sport contract will like to govern the contract is mentioned.
· Confidentiality Clause:
Certain aspects need to be confidential in a sport contract between the contracting parties. This clause binds the parties even after the termination of the contract.
· Player Restriction Clause:
under this clause, the player agrees not to engage in dangerous activities which involve substantial risk of any personal injury during the duration of the contract.
· Non-assignment Clause:
This clause is necessary because sports contracts are personal service contracts and therefore cannot be assigned or transferred to any other person, firm, corporation or entity without the prior, express and written consent of the other party.
· Termination Clause:
This clause gives right to the contracting parties to terminate the sports contract. This could result in the failure of the party’s performance, breach of material condition, warranties or express agreement.
· Remedies Clause:
This clause is also necessary to remedy a breach of contract situation. Some of the remedies are exhibited through monetary damages, restitution or specific performance.
In conclusion, there may be some other clauses which could be added to the clauses enumerated above. It will all depend on the particular nature of the sports contract.