Sports Law Commercial Report
The report aims to display the relationship existing between law and sport including the application of the sports law to a variety of matters in relation to the sports industry. It will focus primarily on the basketball sports. The report has also evaluated and assessed the sponsorship agreements and contracts in sport. Under the sponsorship agreement, it has addressed the critical issues of the participation agreement which constitutes the contractual arrangements between the athletes and the local organizing committee. The paper has also examined the regulatory and legal arrangements for the sport by looking into the tax implications for the athletes. Further, the corporate sponsors targeted for the event have been discussed including the investment, length of contract of each of the partners who will be involved in the event.
The Participation Agreement was made and entered into in July 2017, and this was the effective date. The agreement was made between the athletes and the local organizing committee. The local organizing committee and the athletes will be in charge of providing support for the event (Hargreaves, 2014). However, the athletes will be paid for an appearance fee, and in return, they will publically offer support for the Olympic event. The participation agreement document will provide the terms and conditions of the event and all the participants to the agreement will have to agree and abide by them. Such terms and conditions include;
There will be refunds on the basis of the following circumstances;
- When an individual offers the event organizers within less than 20 days, he or she will not be given any refund.
- If the event organizers are given a 60-day notice prior to the event, the individual will be given a full refund.
- When the event organizers are provided with 30 and 59 days’ notice prior to the Olympic event, such persons will be given a 50 percent refund.
There are various risks which the athletes and all the other participants will be exposed during the event and such may include illness, injury and even death (Spengler et al., 2016). The risks mentioned above could be as a result of, accidents with other competitors, adverse weather conditions such as heat and cold, overexertion and negligent actions by the local committee organizers and the athletes. Additionally, there will be other risks associated with damage to property and access to medical care (Green, 2014). Therefore the participants will make such declarations as follows;
- I will not participate in the Olympic event under drug influence
- I declare that I am fit physically and hence have trained fully for the event.
- I agree that the Olympic event will be a test on personal mental and physical limits and hence carry the burden of property loss, personal injury, and even death.
Sønderlund et al., (2014), argue that through the registration as a participant in the event, the athletes will be expected to agree and abide by the rules during the participation at the Olympic basketball event. The participants should comprehend that failure to abide by the rules will lead to a variety of penalties such as the prohibition from participation and withdrawal from playing the basketball. The following rules will relate to the event;
- The athletes should not get any assistance from the outsiders
- One must carry all the rubbish outside the playground.
- All the participants should have a minimum of $ 1500 in addition to the entry fee as a fundraiser
- All the medical certificates have to be signed by the right medical doctor and thereafter returned to the medical director within the timeframe. However, failure to submit the certificate in time will lead to discontinuation for participation in the event.
- The spectators are only allowed to sit at the reserved places and not in any other place.
- The athletes who will arrive at the checkpoint late will not be allowed to participate, but instead, they will have to wait for such a game to end.
There are also certain tax implications on the athletes. For instance, those who will earn above $10,000 in the event will be taxed at 30 percent. However, for those athletes who will earn below $10,000 in the Olympic event will be taxed at 25 percent. Such a tax implication will be based on the new tax law which was adopted in 2016.
The details for the national championship trademark entail the following as stated below;
Serial Number: 9653695
Registration Number: 4288887
Word Mark: NATIONAL CHAMPIONSHIP
Status: 1000-Registered
Status Date: 2016-05-04
Published for Opposition Date: 2015-06-10
Participation Agreement
Disclaimer with Predetermined Text: NATIONAL CHAMPIONSHIP
Divisional Championships
Division I 70 participants
Division II 100 participants
Division III 40 participants
Student-Athletes 80 participants
Party Type: 40-Original Registrant
Party Name: Jacks Properties
Address: P.O. Box 40, Australia
Legal Entity Type: Limited Liability Company
Name: Frank James
Address: P.O Box 900, Australia
The above trademark will be protected through a variety of steps which will involve, first clearance where research is to be carried out to ensure that the trademark is not used by another company to build goodwill of the brand. The trademark will then be registered to aid in the execution of the trademark (James, 2017). Lastly, the trademark will be enforced to help identify the specific goods of the trademark and hence avoid confusion of the varying consumers. There are a variety of broadcasting opportunities which will be made available for the national championship, and this will include in one of the new media television network. Such opportunities will entail audio and video technicians, reporters, commentators and announcers, replay and graphics technicians and camera operators (Chelladurai, 2014). The other key broadcasting opportunities will include, stage manager, technical director, producers and directors and spotters and statisticians. The selected venue for the Olympic event is the Melbourne Sports and Aquatic Centre. The venue will be cleaned by the workers as will be organized by the event organisers.No particular rubbish should be found at the event at the commencement of the event.
The targeted corporate sponsors for the Olympic event are expected to be about 10-12. The key sponsors will include, Facebook, Samsung Electronics, Huawei, eBay, Accor Hotels, Dell, Cisco, Swiss Online Shopping AG, Nestle, Acer and Mondelez International. However, the sponsorship will be categorized into three levels that is, bronze sponsors, silver sponsors and gold sponsors. Additionally, there will be a research partner and platinum sponsor and main association supporter and the platinum sponsors.
- Samsung Electronics
- Huawei
- eBay
Accor Hotels
- Dell
- Cisco
- Swiss Online Shopping AG
- Nestle
- Acer
- Mondelez International
The sponsors will be expected to coordinate and control all the activities of the event including the timelines. Also, they will be expected to ensure that all the activities and programs are conducted as was planned in the agreement. Further, the particular sponsors will be expected to send all the technical equipment, pertinent information and requested facilities 30 days before the commencement of the event (Sharp et al., 2014). Besides the expectations, the sponsors will be responsible for establishing a communication plan, and this will be in regards to the participation in the Olympic event. They will also market and promote the event in the local and international media (Cornwell, 2014). The other responsibilities will entail assigning a project manager to aid in the coordination of different initiatives of the particular sponsors in the event. Further, the sponsors will establish a management staff who will be sent to all the particular meetings and initiatives in a bid to prepare adequately for the Olympic event.
Each of the partners of the contract will be given approximately three years of the contract. It is expected that every partner will contribute a maximum of $150,000 towards the investment of the event and this is based on the fact that the event will host a big number of participants all over the globe (Jensen & Cobbs, 2014). All the partners who will have met the expectations and requirements will typically the signage rights within the venue of the Olympic event.
Event Refund Policy
The hierarchy of the corporates will have the following members that is the board, executive officers, vice presidents, managers and the employees. The corporate partners will be protected from ambush marketing by the following procedures as follows;
According to Biscaia et al., (2014), the agreements have specified activities limited for every particular sponsor during the event, and hence no particular sponsor will not be allowed to carry any activity not outlined in the agreement. Further, the corporate partners will only be allowed to place its corporate materials in specific locations stipulated for each one of them in the contract. Such specified places will be in regards to the event sponsoring package. The other strategy for protecting the corporate sponsors will entail the approval of all the contents of the sponsors by the partnership, and the set deadlines will deliver them. Lewis & Taylor (2014), argues that each of the partners will not be allowed to exhibit the logos of the partners as a means of co-branding initiatives.
Lastly, there will be content for speaking slots of each of the corporate sponsors, and all the content has to undergo some tests for approval by the partnership. Besides the approval, the contents must be delivered by the deadlines as will be communicated by the partnership. The partnership will cancel the partners’ speaking slots, and this is if the deadlines for delivery of the content have not been met as per the timeline (Shank & Lyberger, 2014).
There will be a variety of merchandise that will be displayed during the event. Such merchandise entails the banners, t-shirts,patches, and rings among others. The licensed vendors for the merchandise are eBay, Accor Hotels, Dell, Cisco, Swiss Online Shopping AG among others.
The championship souvenirs for the Olympic event will include pins, headwear-shirts, and patches among others. The vendors who will be licensed to develop the items are Acer and Mondelez International.
The specific companies licensed to use the registered logos and trademarks for the production of the patches are Cisco and Swiss Online Shopping AG. However, the official patch provider will be the JL custom jackets and patches. Also, the team champions or the runners-up patches will be provided by the JL custom patches and jackets. Such patches are as shown below;
The vendors who will be licensed to develop the custom patches for all the participating teams using the registered logos and trademarks are Sports Jackets Unlimited, NEFF, JL Custom Patches and Jackets and C&L Varsity Jackets among others.
The specific vendors licensed to produce the championship event patches are JL Custom Patches and Jackets and C&L Jacket Varsity. However, the championship patches can also be purchased online through the specified vendors’ websites.
Only the licensed ring vendors will be allowed to use the registered logos and trademarks. Such vendors will include Facebook and Samsung Electronics. Such logos and trademarks are as shown in the figures below;
According to Lewis & Taylor, 2014), the reputation of the commercial partners will be protected by adhering to the ADA World Anti-Doping Code, and this will be done to ensure that the Olympic event is done successfully. All the critical elements of the world anti-doping program will be adopted for good practice in the international programs (Weatherill, 2014). Such elements will entail the code, international standards and the models of Best Practice and Guidelines. The above elements will be abided by all the participants in the event.
According to Hutchins (2014), the other key strategies for protecting the reputation of the commercial partners as was discussed with the local organizing committee will constitute the management of online reviews by the specific consumers of the partners’ content, and this will typically aid in protecting the reputation of different commercial partners. Also, all the commercial partners will be required to publish their contents on a regular basis and failure to which all their reservations will be canceled (Stewart, 2014). The other strategy will involve the verification of all the Google listing, and this will help the companies to showcase their brands, products, services as well as their locations. Such a display will help them to rebuild their reputation. Lastly, only the licensed vendors will use the registered logos and trademarks as a means of protecting their reputations (Houlihan, 2014).
References
Biscaia, R., Correia, A., Ross, S., & Rosado, A. (2014). Sponsorship effectiveness in professional sport: an examination of recall and recognition among football fans. International Journal of Sports Marketing and Sponsorship, 16(1), 2-18.
Chelladurai, P. (2014). Managing organizations for sport and physical activity: A systems perspective. Taylor & Francis.
Cornwell, T. B. (2014). Sponsorship in marketing: Effective communication through sports, arts and events. Routledge.
Green, K. (2014). Mission impossible? Reflecting upon the relationship between physical education, youth sport and lifelong participation. Sport, education and society, 19(4), 357-375.
Hargreaves, J. (2014). Sport, Culture and Ideology (RLE Sports Studies). Routledge.
Houlihan, B. (2014). The Government and Politics of Sport (RLE Sports Studies). Routledge.
Hutchins, B. (2014). Sport on the move: The unfolding impact of mobile communications on the media sports content economy. Journal of Sport and Social Issues, 38(6), 509-527.
James, M. (2017). Sports law. Macmillan International Higher Education.
Jensen, J. A., & Cobbs, J. B. (2014). Predicting return on investment in sport sponsorship: Modeling brand exposure, price, and ROI in Formula One automotive competition. Journal of Advertising Research, 54(4), 435-447.
Lewis, A., & Taylor, J. (2014). Sport: law and practice. Bloomsbury Professional.
Shank, M. D., & Lyberger, M. R. (2014). Sports marketing: A strategic perspective. Routledge.
Sharp, L., Moorman, A., & Claussen, C. (2014). Sport law: A managerial approach. Taylor & Francis.
Sønderlund, A. L., O’Brien, K., Kremer, P., Rowland, B., De Groot, F., Staiger, P., … & Miller, P. G. (2014). The association between sports participation, alcohol use and aggression and violence: A systematic review. Journal of science and medicine in sport, 17(1), 2-7.
Spengler, J. O., Anderson, P. M., Connaughton, D. P., & Baker III, T. A. (2016). Introduction to sports law with case studies in sports law. Human Kinetics.
Stewart, R. B. (2014). Remedying Disregard in Global Regulatory Governance: Accountability, Participation, and Responsiveness+. American Journal of International Law, 108(2), 211-270.
Weatherill, S. (2014). Sport as culture in EC law. In European Sports Law (pp. 245-282). TMC Asser Press, The Hague.
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
