A sponsor in a sports contract in Cameroon is the party who puts in place his means, resources, services and even brand in exchange for the image rights of the sponsored party. It is therefore imperative that a sponsor protects his position in the sports sponsorship contract by ensuring that they clearly define the obligations of the athlete throughout the term of the contract. This will eventually mitigate or prevent disputes going forward between the parties. The following aspects are used to protect the sponsor in the sports sponsorship contract;
· Anti-competition clause:
A sponsor should ensure that the athlete does not sign endorsement deals with their competitor and they should require the athlete to get their approval before signing any other deals.
· Full disclosure clause:
The sponsor should ensure that if an athlete has ongoing endorsement obligations with other sponsors, these obligations should be disclosed and discussed without reservation or misrepresentation of facts.
· Collaborative content creation:
The sponsor and the athlete may collaborate to produce creative content such as commercials or print ads. Such an agreement should provide that the sponsor retains all the intellectual property rights of the content. Such collaboration works can be designated as works for hire and can be assigned to the sponsor.
· Termination and Restructuring Clause:
In an endorsement agreement or contract, a sponsorship deal may come to an end in the case of an athlete not being able to perform for an extended period such as the case of a long term injury. If the athlete and his agent reject such a term in the contract, the sponsor should get an insurance policy for this situation.
· Disclaimer of liability Clause:
The essence of this clause is to protect the sponsor against injury suffered by the athlete while performing an obligation for the sponsor. Hence, the athlete will assume the risk of the activity.
· Morals Clause:
This clause allows a sponsor to suspend or terminate the agreement if the athlete engages in conduct that undermines their image and thus reflects poorly on the sponsor. It should be emphasized that standards for athletes vary among different kinds of sport and as such vary the circumstances under which this clause can be triggered.