The issue of sport is all-encompassing, while it can serve as a basic dividing criterion the nature of the performance of a specific sporting activity, i.e. whether this is performed paid or not. According to this key, we can then distinguish groups of amateur, semi-professional and professional athletes. In the framework of this article, we will focus on the last mentioned circle of athletes, namely professional ones, with an emphasis on the contractual document, upon the conclusion of which a relationship is created between an individual performing a sporting activity and the relevant sports club or association, i.e. contract for the performance of professional sports activities.

Who is a professional athlete

But who can be considered a professional athlete? Since there is no legal definition of this term, in this case we have to use the help of the international sports community, within the framework of whose functioning they were concretized indicators of professionalism. Unlike an amateur and a semi-professional, one can be considered a professional athlete a person whose main activity of livelihood is paid performance of sports activities, usually under the tutelage of a coach, while for the purpose of its consistent performance it participates in organized sports competitions, which are bound by the relevant rules. For the purpose of performing a specific sport is registered with the relevant sports organization or association, while according to its rules, it cannot provide its services to several sports clubs at the same time.

As part of the contract for the performance of professional sports activities, the professional athlete undertakes to perform the relevant sports activities for a specific sports club, and the latter is obliged to pay him an agreed fee for the services rendered reward.

General requirements of a contract on the performance of professional sports activities

General content requirements this type of contract mainly represents:

• regulation of player and club rights and obligations;
• modification of the personal rights of the player;
• remuneration and payment terms agreement;
• regulation of sanctions for breach of obligations;
• adjustment of the possibility of termination of the relevant contractual relationship.

Duties of an athlete

By signing the contract, the professional player declares the fulfillment of his obligations, namely:

• participate in training sessions, training sessions or matches of your club;
• follow the instructions of the coaches and the implementation team;
• to appear in public in such a way that the good name of the club is not damaged, and on the contrary, to contribute to building the brand and brand of the respective team;
• take care of your physical condition and lifestyle;
• maintain confidentiality regarding information related to the performance of sporting activities;
• or not to participate in games and bets related to the results of your club.

Obligations of the sports club/association

A sports club or association, on the other hand, mainly fulfills obligations related to:

• by creating conditions for the implementation of sporting activities by a professional athlete;
• by providing adequate medical and rehabilitation care;
• by providing the appropriate equipment necessary for the proper performance of sporting activities;
• or by providing food and transport.

Personal rights of the athlete

Another essential part of the contract on the performance of professional sports activities is usually the provisions relating to personality rights of professional players, while very often an agreement is reached between the two contracting parties, where the relevant athlete allows his club to use his likeness or another way of depicting him for marketing or promotional purposes, respectively in all types of audiovisual means. This area of ​​rights and obligations is becoming more important with the passage of time and the associated increase in the amount of rewards resulting from sponsorship activities, and therefore we cannot help but recommend paying due attention to the contractual passages in question.

Reward

We come to probably the most vexing and discussed part of this type of contractual documentation, namely the determination of the amount of remuneration due to the professional athlete for the activity performed, or the corresponding payment terms. In the vast majority of cases, an agreement is reached monthly fixed amount of remuneration, while following on from here bonus folder, depending, for example, on the number of points scored, goals scored, minutes played or clean sheets.

In earlier times, when structuring remuneration, the emphasis was placed primarily on the bonus component of the financial evaluation, when the basic fixed component formed a marginal part of the monthly salary, while in the current state of affairs it is just the opposite. It is a question of which of the listed variants represents the most ideal solution, when on the one hand there is protection of the player against the arbitrary actions of the club and certainty regarding the amount of the major part of the remuneration paid, but on the other hand, on the part of the professional athlete, on the basis of the mentioned change of course, the rate could drop motivation and expended effort, aimed at achieving the best possible result, which in specific cases can have very negative consequences on the functioning of the sports club.

During the duration of the respective contractual relationship, it may also occur reducing the amount of the agreed remuneration, especially in connection with breach of contractual obligations on the part of a professional athlete or in connection with his long-term inability to participate in ongoing sports competitions due to health problems.

Contract termination

A contract for the performance of professional sports activities can typically be terminated by agreement of the contracting parties, by the termination of one of them or by the expiration of the agreed duration.

The position of the athlete towards the club

So much for the content of the contract itself, but in what position does a professional athlete stand in relation to his club? Is he an employee or just a "provider" of sports services? There is currently no clear answer to this question, with a professional athlete having three options to choose from – employee, self-employed and self-employed.

In practice, in the vast majority of cases, athletes act as self-employed or self-employed, as this procedure represents both for them and for sports clubs, a more favorable option with regard to the obligations associated with the payment of taxes and insurance premiums. However, there is continuous pressure from international sports organizations to change the established procedures, when, according to their ideas, the contractual relationship, based on a contract on the performance of professional activities, should correspond to an employment relationship, i.e. a professional athlete would become an employee of his club with all the rights and obligations that come with it.

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It is therefore necessary during the preparation and signing of the contract on the performance of professional sports activities devote enough time to its thorough revision, and always to such an extent that its final wording corresponds as much as possible to the ideas of both contracting parties. We will be happy to become your comprehensive guide in this sometimes complex process.

Source: epravo.cz

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JUDr. Miroslav Různar, attorney