These days, athletes will often earn more money through sponsorships than prize winnings from competitions. In 2019, Roger Federer earnt $7.4 million from competition winnings and an additional $86 million in sponsorships. If you are an athlete looking to receive sponsorship, it is crucial that you have an understanding of what to look out for in a sponsorship agreement. This article will explain the key things that you need to consider when signing a sponsorship agreement.
What Is a Sponsorship Agreement?
Sponsorship arrangements are used in a range of different fields but are prevalent within the sporting industry.
A sponsorship differs slightly from an endorsement. An endorsement is where a company engages someone to endorse their products or services.
Under a sponsorship agreement, you will not necessarily be required to endorse the sponsor’s products. Using the above example, while the golfer may be required to wear Titleist branded clothing, they will not need to upload posts on social media recommending Titleist’s clothing.
Rights and Obligations Under a Sponsorship Agreement
A sponsorship agreement is a contract that sets out the rights and obligations of a sportsperson and their sponsor.
This table sets out what your rights and obligations will generally be under this agreement.
|
Right/Obligation |
Meaning |
|
Sponsorship Fee |
You will usually be entitled to receive payment for the sponsorship. |
|
Use of the Products |
You will generally be entitled to use specific products provided by the sponsor, free of charge. |
|
Appearances at Events |
You may have to appear at promotional events, like product launches and advertisements. |
|
Promotion |
You will generally have to promote the sponsor’s products not to do anything that could affect the sponsor’s brand or reputation. |
|
Other Benefits |
You may be entitled to other benefits, like bonuses or commissions on sales. |
Key Clauses to Be Aware Of
We have set out below some of the key clauses to be conscious of when considering a sponsorship agreement that you may have received from a sponsor.
Exclusivity
Exclusivity is an important consideration in these agreements. Under exclusivity clauses, you may not be able to sponsor any competitors of the brand.
Obligations
It is crucial for you to properly understand what you are required to do under the sponsorship agreement. When reading over the agreement, consider whether you:
- will have to use the sponsor’s products at particular events or tournaments;
- are prevented from using a competitor’s products; and
- have an obligation not to say anything that could damage the reputation of your sponsor.
Termination
It is important to review the sponsorship agreement to see if the sponsor has the right to terminate the agreement if you breach any of the clauses.
If you are misusing the sponsor’s product or engaging in conduct that could steer customers away from the sponsor’s products, sponsors may want to end the business relationship.
Similarly, you should check to see if you have any rights to terminate the sponsorship agreement if the sponsor breaches agreement or you no longer want to be associated with the brand.
Sponsorship Fee
If the sponsor has agreed to pay a fee to you, you will need to check how the fee is calculated and when they need to pay it.
You should also check if there are any other perks or benefits of the sponsorship. Ideally, the sponsor would have obligations to provide you with their products at various times. But, you may also be entitled to discounts on the sponsor’s other products or services.
Term
You will also need to consider how long the sponsorship runs.
If you are an emerging talent, the sponsor may want to lock you into a long term sponsorship. While this may seem beneficial for you, you should check if you can increase the sponsorship fee down the line.
Intellectual Property
If you are required to post on social media about the sponsor’s products or services, you will want to ensure you are granted a licence to use the sponsor’s intellectual property for these purposes.
Key Takeaways
Being offered a sponsorship is an exciting prospect and a great way of boosting your career and income. A properly drafted and reasonable sponsorship agreement should benefit both you and your sponsor. It is important, however, that you properly understand the rights and obligations that you and the sponsor have under the agreement. If you have any questions or if you would like a lawyer to review a sponsorship agreement for you, get in touch with LegalVision’s contracts lawyers on 1300 544 755 or fill out the form on this page.
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