Ryder Cup | Back 9

Whether you are team Europe or team USA, a golf fan, or an occasional viewer, there is no doubt that the Ryder Cup is a key moment in the sporting calendar. It is an opportunity to see fresh talent battle against the brightest stars in the game. This is our second post in our series looking at legal issues that golfers, and sports people generally, face at different stages in their careers. Yesterday we took a look at issues that may arise at during the 'first nine' holes in the course of a career. We move on today to the 'back nine' and to look at issues facing the established professional at the height of their career and as they begin to move towards retirement.

Click here to view the 'front nine' holes in the course of a sporting career.

Hole 10 - Aligning your stance with your sponsors

For certain athletes the income generated from endorsement and sponsorship opportunities can rival, and even significantly surpass, the income generated from their professional careers. Most endorsement and sponsorship agreements contain "morals clauses" which enable the brand or sponsor to unilaterally terminate the agreement if the athlete engages in conduct that could have some sort of negative impact upon the particular company or organization. Examples of this happening in practice are widespread in golf and in other sports. The reasoning is simple, parties should be able to protect their respective brands.

Today athletes and brands are increasingly vocal on social issues. Prominent athletes have taken public positions on issues such as gun control, diversity and inclusion, sexual harassment and social injustice and police brutality. Big brands have also made their positions public on similar issues. The increased social activism by both athletes and brands creates an opportunity for athletes to partner with brands that are committed to supporting issues and initiatives an athlete is passionate about. Certain athletes, typically big-name stars in each sport, may have increased leverage to demand broader support, particularly if the brand is significantly reliant on the athlete in a particular sport or industry. Given this new framework and increased athlete leverage, athletes can negotiate for a "reciprocal" or "reverse" morals clause that will give the athlete the ability to terminate a deal if actions by a sponsor or its executives and related parties could damage the athlete's brand. For example, if an athlete is under contract with...

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