Sports law
The world of sport is constantly evolving and today extends far beyond sporting performance on the field. Athletes, clubs, coaches, agents and sports organisations face legal questions concerning contracts, disciplinary proceedings, transfers or commercial collaborations. In sports law, considered legal guidance is of great importance. Clear agreements and sound legal advice can prevent many disputes and uncertainties, both in the professional and amateur sporting world.
What is Sports Law and What Can a Lawyer Do?
Sports law is a multifaceted area of law in which various legal disciplines converge, such as contract law, liability law, employment law and association law. The regulations of sports federations and disciplinary bodies also play an important role.
FAIRWAY advises and assists clients in all aspects of sports law:
- Drafting, reviewing and negotiating sports and commercial agreements
- Assistance in disputes between athletes, clubs, coaches, agents or federations
- Advice on liability and insurance in the sports context
- Guidance in disciplinary proceedings before, amongst others, the Disciplinary (Appeal) Committees of Voetbal Vlaanderen and other sports organisations
- Support with transfers, collaborations and sponsorship agreements, including image rights and other intellectual property rights
- Advice to sports clubs, associations and federations on their operations and legal obligations, notably as exclusive legal partner of Volley Vlaanderen, one of Belgium's largest sports federations
- …
Want to Know More?
Anyone with legal questions on these matters is welcome to contact FAIRWAY. We offer a personal approach, clear communication and legal guidance tailored to your needs and those of the sporting world.
Frequently Asked Questions
If your club unilaterally terminates your player contract without valid grounds, you are as a professional athlete generally entitled to a severance payment, calculated on the salary due until the end of the agreed term. A club may only terminate the contract early for serious cause or by paying that compensation. Non-payment of salary can also entitle you to terminate the agreement yourself at the club's expense, with a right to compensation. Because calculating the compensation and qualifying the breach are often complex, it is best to have the specific situation thoroughly assessed.
No, not just like that: a player contract is an employment contract and can only be terminated early for serious cause or by paying a severance payment. If the club terminates without valid grounds and without compensation, it is acting unlawfully. Sports federations also often impose additional rules, for example around transfer periods, which help determine what is possible. Always have the contract terms and the applicable collective labour agreement checked before you respond.
In the case of a normal sporting accident that occurs within the rules of the game, there is generally no liability, since participants are considered to accept the inherent risk of the sport. If a fellow player commits a fault outside the rules of the game, such as an intentional or grossly negligent foul, that person can indeed be held liable. The organiser or club can also be liable in the event of defective infrastructure or insufficient supervision. Always check which insurance, such as civil liability or personal accident cover, applies and within what period you must file a claim.
A disciplinary procedure starts with a complaint or a finding, after which you receive notice of the facts and the opportunity to defend yourself, either in writing or during a hearing. You are entitled to access your file and to be assisted by a lawyer. After the decision, an internal appeal is usually possible, and in certain cases subsequently before the Belgian Court of Arbitration for Sport. Because the deadlines are often very short, obtaining legal advice quickly is crucial.
Yes, in most cases you can first challenge a decision internally through an appeals body of the federation, provided the regulations allow for this. If that route has been exhausted, you can in certain cases turn to the Belgian Court of Arbitration for Sport or, depending on the nature of the case, the ordinary courts. Note that appeal deadlines in sports regulations are usually very short, and a flawed procedure can in itself already be grounds to have a decision annulled.
A sports club must comply with proper employment contracts and social security rules for paid athletes or staff, must have liability insurance in place, and must respect the safety and medical examination requirements of its own sports federation. If the club is a non-profit association, the obligations applicable to non-profits also apply, such as keeping a register of members and proper accounts. The GDPR also applies as soon as you process data of members or athletes. A periodic legal check-up helps to make sure nothing is overlooked.
A sponsorship contract must at least clearly set out the duration, the termination options, the mutual obligations and the compensation. A morality clause is strongly recommended, so the sponsor can terminate the agreement in the event of serious reputational damage. Also expressly regulate who may use which image material, for which purposes and for how long, including after the contract ends. An unclear contract quickly leads to disputes, so it is best to have it reviewed legally in advance.
An athlete's image rights in principle always belong to the athlete themselves. A club, federation or sponsor therefore needs explicit consent to use an athlete's image for commercial purposes, unless this has been contractually transferred, for example in the player contract. Clearly specify in every contract for which purposes, channels and period the image material may be used, in order to avoid later disputes.
en
Nederlands
Français
