Sports Agents and Contracts in Professional Sports: An Overview - Prof. K. Richard, Study notes of Sports Law

Download Sports Agents and Contracts in Professional Sports: An Overview - Prof. K. Richard and more Study notes Sports Law in PDF only on Docsity! CHAPTER 1 SPORTS AGENCY Sports Agents Who is a sports agent? Qualifications Agency Law Principal Agent Relationship Types Agency History and Business History Red Grange (1925) Flourish in 1960s Mergers in 1990s Egregious actions Business Big Four Certifications Non-Big Four Sports Exclusivity Agent Roles Fiduciary Duties Conflicts of Interest Facilitators Sports Agent Regulation Uniform Athlete Agents Act (UAAA) Criticism Sports Agent Regulation Sports Agent Responsibility Trust Act (SPARTA) Players Associations Certifications NFL MLB NBA NHL Sports Agent Fees Regulated by Players Associations NFL MLB NBA NHL Salary fees v. endorsement fees Agent Violations Violations Criminal Cases Civil Cases NATIONAL COLLEGIATE ATHLETIC ASSOCIATION Current Footprint Divisions Division I-A (Football Bowl Series) Division I-AA (Football Championship Subdivision) Division II Division III Ivy League Mission Bylaw 1.3.1 Manual Scholarships One year Five Year/Ten Semester Rule Revenue NCAA Revenue Sources Revenue v. Non-Revenue Sports BCS Automatic Qualifiers v. Non-Automatic Qualifiers Violations and Enforcement Violations Major v. Secondary Letter of Inquiry and Notice of Allegations Committee on Infractions/Infractions Appeal Committee Enforcement NCAA Punishment Self-Imposed Penalties Non-Compliance Monitoring Show Cause Orders Amateurism Core principal of NCAA Prohibits student-athletes from using his athletic skills for pay in any form NCAA and Sports Agents Prohibits student-athletes from having sports agents Professional Sports Counseling Panels No Agent Rule Oliver v. NCAA No Endorsement Rule Bloom v. NCAA Boosters Representatives of Athletic Interests Extra Benefit Rule Death penalty Reverse Morals Clause Loyalty Clause Use or wear particular brand of product Force Majeure Clause Addresses contractual obligations when a triggering event inhibits the fulfillment of duties of one or both parties Best Efforts Clause Mandates general good faith No-Trade Clause Player has right to reject a trade under certain conditions Time or geographical restrictions “Best Interests of Baseball” Commissioner can “investigate…any act, transaction or practice charges, alleged or suspected to be not in the best interests of the national game of baseball.” Drafting the Sports Contract The 3 P’s Predict Provide Protect Damages for Breach of Contract Liquidated damages Agreed upon in contract Compensatory damages Money necessary to make up for the economic loss caused by the breach Consequential damages Economic loss caused indirectly by the breach Specific Performance Order to perform the obligation Injunction prohibits certain acts of performances Mitigation of Damages Attempt to reduce amount of economic loss Additional Damages Nominal Treble Punitive NCAA Contract Issues National Letter of Intent Binding agreement between student-athletes and institution Criticism Contract of adhesion? Breach of Athletic Scholarship Contract Claims have consistently failed Not an interest or property right; NCAA not a state actor Educational Malpractice Ross v. Creighton Hart v. NCAA Hendericks v. Clemson Waivers General Relinquishment of privilege or right Tickets and Waivers  Waivers printed on tickets  Courts generally do no uphold ticket stub waivers Chapter 3: Sports Torts  Tort Law Generally ◦ Definition ◦ Goal ◦ Preponderance of Evidence ◦ Risk Management  4 Major Tort Theories ◦ Negligence ◦ Intentional Torts ◦ Products Liability ◦ Strict (Absolute) Liability  Negligence ◦ Reasonable Person ◦ Elements ◦ Contributory v. Comparative Negligence ◦ Assumption of the Risk  Express  Implied ◦ Levels  Gross Negligence/Recklessness: ◦ Contact Sport Exemption ◦ Spectator Injuries  Injuries caused by the open and obvious rules of the game  Limited Duty Rule  Universal Rule/Baseball Rule  Just Negligence Rules  No Duty Rule ◦ Loughran v. Phillies  Non-Spectating Spectators ◦ Maisonave v. Newark Bears  Baseball Spectator Safety Act of 2006 ◦ Response to Maisonave  Pre-Game Spectator Injuries  Golf ◦ Anand v. Kapoor  Hockey ◦ Plexiglass  Pre- and Post-Game Celebrations ◦ Vicarious liability for university and security ◦ SEC “storm the field” rule.  Negligent Supervision or Operation ◦ Potential liabilities in facilities management or operations, improper security measures, or improper maintenance  Negligent Hiring or Training ◦ Unqualified Employee – Negligent Hiring  Mascot ◦ Live animal mascot ◦ Costumed mascots ◦ Sports Officials  Laws enacted to provide officials immunity from lawsuits for unintentional, negligent acts by officials ◦ Wrongful Death  During participation ◦ More foreseeable the injury, greater potential for liability