Sports contracts can be divided into three general categories:
" professional services contracts (e.g., between the athlete and the team);
" endorsement contracts, and
" appearance contracts.
Unlike the professional services contract, the endorsement contract does not involve an employer-employee relationship. Rather, it is one of contractor- independent contractor. An endorsement contract is one that grants the sponsor the right to use (i.e., license) the athletes name, image, or likeness in connection with advertising the sponsors products or services. There are no set rules for an endorsement agreement other than that they be legal. The more an sponsor feels that the athlete can assist in the sales of the particular product, the greater the likelihood of more money.
An appearance contract compensates the athlete for appearing at a public function (e.g., sports camp, golf tournament, store openings, etc.)
A Wisconsin Representation Agreement between an Agent and a Professional Rodeo Cowboy regarding the Procurement of Endorsements and Paid Appearances is a legally binding contract that outlines the terms and conditions of the professional relationship between the agent and the cowboy. This agreement is crucial in establishing the rights, responsibilities, and expectations of both parties involved. The purpose of the representation agreement is for the agent to secure endorsements and paid appearances on behalf of the cowboy, enhancing their professional brand and increasing their income opportunities. Below are some key elements typically found in a Wisconsin Representation Agreement for a Professional Rodeo Cowboy: 1. Parties: Clearly mention the full legal names and contact information of both the agent and the professional rodeo cowboy. 2. Scope of Representation: Define the specific tasks and responsibilities that the agent will undertake on behalf of the cowboy. This may include seeking and negotiating endorsement deals, booking paid appearances, managing the cowboy's public image, and ensuring timely payment of fees. 3. Term: Specify the duration of the representation agreement, whether it's for a fixed term or ongoing until either party provides notice for termination. 4. Exclusive Representation: State whether the cowboy will grant exclusive rights to the agent, meaning they will not seek representation from any other agent during the term of the agreement. 5. Compensation and Commission: Clearly outline the financial aspects of the agreement. Specify the percentage or flat fee that the agent will earn from endorsement deals and paid appearances. Also, include details regarding the agent's reimbursement for any expenses incurred while representing the cowboy. 6. Endorsement Opportunities: Provide a detailed description of the types of endorsements and paid appearances the agent is authorized to pursue on behalf of the cowboy. This may include sponsorships, product endorsements, public appearances, charitable events, television or media opportunities, and more. 7. Obligations and Responsibilities: Enumerate the responsibilities of both parties, including the cowboy's commitment to promoting the endorsed products or brands, attending scheduled appearances, maintaining physical and mental fitness for the rodeo circuit, and abiding by specific conduct guidelines determined by the agent. 8. Termination: Outline the grounds for terminating the agreement, such as breach of contract, failure to fulfill obligations, or mutual agreement. Also, include a notice period required for termination and any financial repercussions, if applicable. Types of Wisconsin Representation Agreements may vary based on their specific focus or exclusivity clauses. Some examples include: 1. Exclusive Endorsement Agreement: This type of agreement grants the agent exclusive rights to seek and negotiate endorsement deals on behalf of the cowboy, preventing them from seeking representation from any other agents. 2. Non-Exclusive Appearance Agreement: This agreement allows the cowboy to have multiple agents assisting in booking paid appearances while leaving the endorsement deals exclusively to one agent. 3. Limited-Term Representation Agreement: This agreement encompasses a fixed term during which the agent represents the cowboy for a specific project or event, such as a rodeo tour or a particular endorsement campaign. Remember, it's crucial for both the agent and the professional rodeo cowboy to consult with a legal professional when drafting or entering into any representation agreement to ensure compliance with Wisconsin state laws and protect both parties' interests.
