In India, cricket is followed like a religion. However, the current dynamics have changed and many other sports are being fervently pursued. Today, sports is a segment with a massive fan following, a lucrative business and a platform to showcase upcoming talent. Considering the rate at which these are growing, sports contracts are fast-turning into money-spinning deals forming a lucrative clientele for lawyers.

This course will focus on drafting sports-league franchise agreements. It covers the structure of different sports leagues, clause-by-clause explanation of the agreement, and considerations to keep in mind when drafting and negotiating franchise agreements.

WHY TAKE THIS COURSE?

With the rise of sports leagues, there has been a tremendous increase in sports law practice. If you are investing in or negotiating an agreement on sports leagues, you must take care to avoid several pitfalls. You must know where your bargaining power lies, and when to let go. Also, you must know about issues that could come and haunt you later if you neglected to specify or clarify them in the agreement. This course will guide you through all of that and can potentially save you or your client from losing millions.

Instructor

ANUJAYA KRISHNA

Anujaya Krishna is a legal professional and an educator, hailing from Lucknow. She has recently qualified the UP Judicial Services examination. She has completed her schooling from Loreto Convent and City Montessori School, Lucknow followed by graduation in B.A.LL.B. (Hons.) from National Law Institute University, Bhopal. She did a Master’s in Law from Europa-Kolleg, the University of Hamburg through a DAAD scholarship. She specializes in Sports Law. She also has experience in litigation, corporate law and capital markets, as well as teaching Constitutional Law.

1. Introduction

• • 1.1 Welcome

2. Background

• • 2.1 Defining sports law, sports federation, leagues and franchises
  • 2.2 Sports league models
  • 2.3 Parties to the franchise agreement
  • 2.4 Exercises

3. Defining key terms and recitals

• • 3.1 Introduction
  • 3.2 Defining entities and persons
  • 3.3 Defining commercialisation rights, trademarks, marks and other rights
  • 3.4 Defining the scope of the rights
  • 3.5 Tips for framing definitions
  • 3.6 Recitals
  • 3.7 Exercises

4. Franchisor obligations

• • 4.1 Introduction
  • 4.2 Negotiating franchisor specific clauses
  • 4.3 Franchisor obligations
  • 4.4 Exercises

5. Negotiations and payment obligations

• • 5.1 Negotiating franchisee—specific clauses
  • 5.2 Franchisee payment obligations
  • 5.3 Exercises

6. Franchisee league obligations

• • 6.1 Introducing franchisee league obligations
  • 6.2 League obligations—leasing and maintaining a suitable ground
  • 6.3 League obligations—facilities during match days
  • 6.4 League obligations—miscellaneous matters
  • 6.5 Exercises

7. Revenue and commercialisation rights

• • 7.1 Introducing commercialisation rights
  • 7.2 Franchisee commercialisation rights
  • 7.3 League commercialisation rights
  • 7.4 Revenues and profits from the league, and their allocation
  • 7.5 Exercises

8. Conditions for licensing rights and IPRs, operating standards, and assignment

• • 8.1 Conditions for franchisees for licensing rights and IPRs
  • 8.2 Standards of operating a league
  • 8.3 Assignment and other conditions
  • 8.4 Exercises

9. Confidentiality

• • 9.1 Confidentiality
  • 9.2 Exercises

10. Representations, warranties and acknowledgements

• • 10.1 Representations and warranties
  • 10.2 Franchisor’s representations and warranties
  • 10.3 Franchisee’s representations and warranties
  • 10.4 Acknowledgements by franchisee
  • 10.5 Exercises

11. Indemnity, insurance, default and dispute resolution

• • 11.1. Indemnity and insurance
  • 11.2 Events of default
  • 11.3 Consequences of default
  • 11.4 Consequences of termination
  • 11.5 Fee retention and survival clause
  • 11.6 Dispute resolution
  • 11.7 Exercises

12. Conclusion

• • 12.1 Next steps