Sport run through associations brings together constraints that few organisations face at the same time: the governance of an association, public money, employees and volunteers side by side, a federation that lays down rules of its own, and a liability that falls on directors who are often unpaid.
The firm acts for clubs in the Basque Country and Béarn, from the neighbourhood club to the professional club, and for their directors and their partners. David BONNEMASON-CARRERE, a member of the sports law committee, handles this work from the Pau office.
Drafting and overhauling the constitution, internal rules, composition of the committee, conditions of membership and of expulsion, holding general meetings: most club crises come from an imprecise text drafted fifteen years earlier.
Above certain thresholds of income or of remuneration paid, the activity must be carried on by a sports company. We prepare the incorporation, the agreement with the supporting association and the division of the assets — including the affiliation number.
The specific fixed-term contract for professionals, an ordinary contract of employment or a volunteering agreement for the others: the line between them is narrow, and getting it wrong is paid for in reclassification before the employment tribunal.
Objectives agreement with the town or the urban authority, provision of facilities, control over how the funds are used: a badly documented grant exposes the club to repayment and its director to personal challenge.
What is given in return, term, exclusivity by sector, what becomes of the contract on relegation or on a change of division, the tax treatment of sponsorship for the partner company.
Expenses reimbursed, benefits in kind, match bonuses, subsidised jobs, civic service placements: volunteering stops where a relationship of subordination coupled with payment begins.
Notifying events, first-aid arrangements, stewarding, temporary drinks licence, insurance: the organiser’s liability is engaged before, during and after the match.
The disciplinary committee, appeal within the federation, compulsory conciliation before the national Olympic committee: the time limits are short and the order of remedies mandatory, on pain of inadmissibility.
The right moment
A constitution reviewed once every ten years costs one consultation. The same constitution, relied on at a contested general meeting, is settled in court — while the season carries on.
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
Where the income from the activity or the amount of remuneration paid exceeds the thresholds set by the Sports Code, the association must set up a sports company. In practice it is better to plan a season ahead: the incorporation, the agreement with the association and the federation’s approval take several months.
Reimbursement of actual, evidenced expenses is lawful. As soon as there is regular payment linked to taking part in matches and training, with instructions and supervision, the court finds a contract of employment — with arrears of contributions and, where appropriate, a penalty for undeclared work.
It requires use in line with the purpose for which it was awarded, a financial report, and compliance with the objectives agreement where it exceeds the regulatory threshold. Use that does not comply gives rise to repayment, including several years later.
It is a real one: civil liability for mismanagement, criminal liability for offences committed in the exercise of their duties, and being a volunteer exempts them from nothing. The association’s insurance must expressly cover the directors, and the division of delegated authority must be in writing.
It all depends on the contract. In the absence of a clause linked to sporting results, the termination amounts to a breach and the club may claim performance or damages. That is why these clauses are negotiated at signature, providing for the bad season rather than the good one.
The organiser, under its safety obligation, and the home club under the federation’s regulations — independently of the personal liability of whoever caused it. The prior notification, the stewarding and a record of the measures taken make up the defence.
By following the order of remedies: appeal to the body within the federation, then compulsory conciliation before the French national Olympic and sports committee before any application to the court. The time limits are counted in days, and an application made to the court too early is inadmissible.
Practice areas involved
Un seul module de ce site dépose des cookies : la mesure de nos campagnes publicitaires. Vous l’autorisez ou non ci-dessous, et pouvez revenir sur ce choix à tout moment depuis le lien « Gestion des cookies » en bas de page.
Storing your cookie preferences and securing the form. No tracking, no transfer to a third party.
The firm runs advertisements on Google. This module tells us which of them lead to an enquiry, so that we do not pay for advertisements that serve no purpose. Google is established in the United States; the transfer is governed by the EU–US Data Privacy Framework. Declining has no effect on your browsing.
Visitor statistics produced for our use alone, with a truncated IP address, with no cross-referencing between sites and no transfer to a third party. This configuration falls within the exemption recommended by the CNIL: it does not require your consent, and you may nonetheless object to it from our privacy policy.
Your choice is kept for six months, then you will be asked again. Refusing has no effect on your browsing: the whole site remains available, and nothing is measured.