Athlete and coach contracts
The specific fixed-term contract, pay, performance bonuses, image rights, early termination and compensation: these contracts follow a regime of their own that generic templates ignore.
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Clubs, athletes and organisers are governed by rules of their own, where the disciplinary body counts as much as the court.
Organised sport lays three sets of rules one on top of another: the ordinary law of contract and employment, the federations’ regulations, and the decisions of disciplinary bodies. A dispute brought before the wrong body is lost on procedure before it is ever examined on the merits.
The firm acts for clubs, athletes, agents and organisers from the Pau office, with regular practice in federation proceedings and in conciliation before the national Olympic committee.
The specific fixed-term contract, pay, performance bonuses, image rights, early termination and compensation: these contracts follow a regime of their own that generic templates ignore.
Individual and collective exploitation, image royalties, how this fits with salaried pay, assignment to the club’s partners: the line with salary is a narrow one, and URSSAF watches it.
Duration, sector exclusivity, what is given in return, sporting performance clauses, what becomes of the contract on relegation: a partnership is drafted with the bad season in mind, not the good one.
Association, sports company, employers’ group, relations with the federation and the local authority: the structure determines the directors’ liability and access to funding.
The disciplinary committee, appeal within the federation, compulsory conciliation before the French national Olympic and sports committee before any court action: we assist the licence-holder or the club at each stage, often to very short deadlines.
The sports agent’s contract, mandate, commission, approval, disputes over remuneration: the regulations set strict limits on who may be paid, by whom, and for what.
The liability of the organiser, the club and the supervising coach, compulsory insurance, information given to licence-holders: disputes generally arise from a failure in the organisation rather than from the sporting act itself.
Notification, authorisations, first-aid arrangements, contracts with providers: organising a sporting event engages the organiser’s liability well before the day itself.
The right moment
A partnership contract drafted before the season provides for relegation. The same contract, discussed after going down, is settled in court or not at all.
The subject is the same. It is when it is dealt with that makes the cost.
How we work
You set out the situation, we say frankly whether we are the right people and what the work would involve. No commitment at this stage.
It describes what is done, what is not, the basis on which fees are calculated and the timetable. Nothing starts without your written agreement.
One lawyer holds your file; each question is dealt with by whichever of us handles it every day. You have only one person to call.
Formalities, filings, deadlines: the firm takes over and keeps you informed until the file is closed.
Frequently asked questions
No: the employment contract of a professional athlete is a specific fixed-term contract, whose minimum and maximum duration are set by law. That rule, which departs from the ordinary law, is intended to preserve fairness in competition.
They may be, if they do not correspond to a genuine and separate exploitation of the image, or if their amount is out of proportion to what is given in return. Reassessments most often turn on this point, and documenting the actual exploitation is the best defence.
Yes, but the order of remedies must be followed: appeal to the competent body within the federation, then compulsory conciliation before the national Olympic committee before any application to the administrative court. An action brought straight to the court is inadmissible.
Only a licensed sports agent, on the conditions and within the limits set by the regulations applicable to the sport. Arrangements using consultancy companies to pay for unlicensed intermediation are a recurring feature of the case law.
A sports association is required to take out public liability insurance and to inform its licence-holders of the benefit of taking out personal accident cover. Failing to give that information is in itself a source of liability.
It all depends on the termination clauses and on what has already been given in return. In the absence of a clause, the termination amounts to a breach of contract, and the club may claim performance or damages. An exit clause linked to sporting results must be expressly stipulated.
Early termination of a fixed-term contract requires agreement, gross misconduct or force majeure. Failing that, the club owes the remuneration outstanding until the end of the term. Negotiating a settlement is almost always preferable to litigation.
Practice areas involved
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