I. GENERAL FRAMEWORK OF ATHLETE CONTRACTS
A. Concept and Definition
Before addressing athlete contracts, it is necessary to evaluate the concept of an athlete from a broader perspective. Athletes can be classified into two main groups based on their level of activity and motivation:
Amateur Athletes: Individuals who engage in sports for a healthy lifestyle, personal development, or social participation without intending to earn income.
Professional Athletes: Individuals who adopt sports as a profession, aiming to earn income and sustain their livelihood through it.
Contracts between professional athletes and clubs are critically important for the sustainability of professional activities and the protection of the parties' rights. The team-oriented nature of sports often results in athletes operating within a club or federation, even in individual sports.
B. Obligation for Written Contracts
The relationship between an athlete and a club is regulated through a written contract. Written agreements are legally mandatory to protect the rights and obligations of both parties and serve as a crucial basis in the event of disputes.
C. Differences by Sport
Athlete contracts are named differently depending on the sport:
Football: Professional Football Player Contract
Basketball, Volleyball, Handball: Standardized Contract
Athletics: Athlete Contract
Federations prepare standardized contracts suitable for specific sports, and parties generally adhere to these frameworks.
II. LEGAL DIMENSIONS OF ATHLETE CONTRACTS
A. Athlete Contracts in Legislation
In Turkish law, the nature of athlete contracts has not been explicitly defined:
Labor Law: Article 4/g of the Labor Law excludes athlete contracts from its scope, so employee-employer provisions are inapplicable.
Turkish Commercial Code (TCC): Athlete contracts are not subject to the TCC because athletes do not qualify as merchants.
B. Elements of a Contract
An athlete contract includes the following elements:
Performance Obligation: The athlete must perform in line with the club's standards.
Personal Performance: Obligations fulfilled solely through the athlete's own effort.
Continuity: Contracts are typically valid for a fixed term.
Dependency: Athletes are required to conform to the club's organizational structure and rules.
Compensation: The fundamental element of professional athletes' income.
III. LEGAL NATURE OF ATHLETE CONTRACTS
A. Comparison with Work Contracts
Work contracts involve producing a tangible product. Athlete performance, being process-oriented, does not fit this category. Additionally, athletes are not independent; they are bound to their clubs, contradicting the nature of a work contract.
B. Comparison with Agency Contracts
Agency contracts rely on the agent's independent actions. However, athletes operate according to the schedules and rules set by the club, making this type of contract unsuitable.
C. Service Contract Characteristics
Athlete contracts fall under service contracts as defined by Article 393 of the Turkish Code of Obligations (TCO). Athletes' dependency on clubs and their work for remuneration qualify this relationship as a fixed-term service contract.
IV. ROLE OF FEDERATIONS
Federations play a primary role in regulating athlete contracts. Rules established by federations for specific sports serve as the main reference point in disputes. In cases where federation rules are silent, the provisions of the TCO apply.
V. LEGAL DIMENSIONS OF TRANSFERS
Transfers refer to an athlete's move from one club to another. However, if an existing contract is renewed, the term "transfer agreement" may not be accurate. Transfer processes are legally connected to but separate from athlete contracts.
VI. INTERNATIONAL DIMENSIONS OF ATHLETE CONTRACTS
The international nature of athlete contracts extends beyond national laws to encompass global standards:
1. Regulations of International Sports Federations
Key international federations like FIFA, FIBA, and the IOC establish the rules for athlete contracts:
Standardized contract templates.
Disciplinary measures and transfer regulations.
Binding provisions for contract terms, remuneration, and dispute resolution mechanisms.
2. Work Permits and Transfer Rules
Athletes must obtain certain documents to perform internationally:
Work Permits: Legal authorization for athletes to work in the country of their club.
Transfer Documents: Such as the International Transfer Certificate (ITC).
Taxation and Compensation Rules: Subject to the laws of the host country.
3. Court of Arbitration for Sport (CAS)
CAS resolves international disputes between athletes and clubs:
VII. KEY COMPONENTS OF ATHLETE CONTRACTS
Each athlete contract should include the following components tailored to the relevant sport:
1. Compensation and Bonus Systems
Base Salary: Fixed payment during the contract term.
Performance-Based Bonuses: Additional payments for achievements in matches or championships.
Special Bonuses: For breaking records or achieving specific goals.
2. Contract Term
3. Commercial Rights and Image Revenue
Provisions for using the athlete's name, photo, and likeness for commercial purposes:
Sponsorship agreements by the club.
Individual advertising and promotional deals by athletes.
Distribution of these rights between the club and the athlete.
VIII. SPECIAL PROVISIONS IN ATHLETE CONTRACTS
Athlete contracts may include specific provisions based on the sport or the parties' needs:
1. Non-Compete Clauses
2. Confidentiality Clauses
Prohibits sharing contract terms, salaries, or trade secrets with third parties.
Includes penalties for breaches.
3. Disciplinary Provisions
4. Health and Performance Requirements
IX. DISPUTE RESOLUTION MECHANISMS IN ATHLETE CONTRACTS
Dispute resolution mechanisms aim for quick and effective resolution of conflicts:
1. Arbitration Processes
2. Role of Courts
3. Federation Resolution Processes
4. Mediation and Settlement
CONCLUSION
Athlete contracts are specialized agreements that define the mutual rights and obligations of the parties, securing sports activities under legal safeguards. Their preparation in line with national and international regulations is vital for preventing disputes.
