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, sports contracts are those contracts, which occur between sports organizations 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 the 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.
A professional sports services contract means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.
Professional sports service contracts are boilerplate in form and standard as their wording can be reused over and over without change.
ELEMENTS OF A BINDING PROFESSIONAL SERVICE CONTRACT IN SPORTS
Just like the general principles in contracts, the professional service contract in sports has the following binding elements;
There has to be an offer, which must be accepted. When an offer is made, the party to whom an offer is made can respond in the following ways
- Reject, or
- Do nothing.
2) Competent Parties:
The parties to the contract must have the capacity to enter into a legal contract. This is because if such a contract involves a minor, the element of the signature of a parent or guardian may be required.
These contracts are usually in exchange for consideration. Consideration is what the promisor demands and receives as the price for the promise. In such a contract, the player or athlete agrees to render his services in exchange for remuneration.
4) Assent or Consent:
The consent of a party to an agreement must be genuine or voluntary. This assent will not be voluntary in certain cases of mistake, deception, or undue pressure and duress.
5) Made for a Lawful Objective:
The contract must be lawful. In this case, a player accepts to render his professional services against consideration for a sports organization or club.