For Associations / For Federations - Simor Ügyvédi Iroda

D

Due diligence

Price formation has many components within sports as well. You should calculate with different costs if a coach has an employment relationship or if he/she works under an assignment contract. Apart from original cost, i.e. costs and benefits, many other components should be taken into consideration when a player is sold. Market logic is essential but many taxation, strategic, sports professional and legal aspects may also arise. Both underselling and overpricing can be considered as a professional mistake and in some cases it is even a criminal act. The support of a lawyer experienced in sports may also be necessary to bear the responsibility for the value of the procurement.

Apart from validation, focusing on the risks of different legal structures may also require due diligence. In this context regulations and their relationship to each other may require legal expertise as well as the investigation of liabilities stipulated in contracts or sets of contracts.

How we support our clients:

If we define the market value, we take the responsibility for the method of validation as well as for the market value itself. As a result, our client should not incur any kind of liability, be it civil or criminal.
We represent the market, legal and taxation background so our client can have more time and energy to make professional decisions related to sport.
We are in daily contact with a sports manager office as well as with an auditor in order to provide professional work.
When reviewing the legal framework, we take into consideration the legislation, the customs as well as the interests of our client.

D

Disciplinary issues, litigation matters, dispute settlements

In sports disciplinary procedures provisions of Sports Act, the interests of the association and the customs of the given sport should be taken into account. The deadlines are usually too tight and high-quality work requires a good practice of sports law. Since such a legal case may ruin the sportsman’s career, in addition to justice, fairness should also be kept in mind.

In most cases, persons subject to a procedure have no idea what liabilities they have and what rights protect them. Close acquaintances within the sport may also influence the decision and they are not always favourable for a fair and reasonable conclusion.

How we support our clients:

We meet the requirements of the fast-paced process laid down by Sports Act.
We protect the interests and values of the association, the club, and the sportsman.
We ensure adequate communication during and after the procedure that makes it easier to get things back to normal.
When reviewing the legal framework, we take into consideration the legislation, the customs as well as the interests of our client.

L

Legal document drafting

Contracting is more than writing and signing a document. The exact goals and contractual milestones should be agreed upon and included in the text. Preparing a good contract is even more difficult for associations and federations since apart from the interests of stakeholders, special legislation, project guidelines and demands of sponsors also appear as a complex puzzle. Anyone who has prepared such a contract knows that due to framework directives contractual willing can hardly be incorporated in the text. That is why a stable legal competence and expertise in drafting legal documents are needed so that the documents could be proper and useful for everyone.

How we support our clients:

If we draw up the contract, we take responsibility for its content.
We collect all those liabilities that should be stipulated in the contract under all circumstances.
We prepare you for your tasks and responsibilities that you have before signing the contract and after the conclusion of the agreement.
If your partner does not meet the terms of the contract, you will know how to enforce your rights.

C

Contract advice

In the world of contract-templates what has been agreed verbally do not match with what is included in the contract. For this reason, rights and liabilities are not stipulated accurately and they are unusable. For negotiating the terms of an agreement thoroughness and consideration are needed. This is impossible without professional and legal expertise. It is difficult to find the balance in what is worth allowing and where to establish the boundaries. In case of many contracts, we find that one party has a stronger interest in signing the document. Special attention should be paid to avoid even the mere appearance of the misuse of rights in such cases. Accuracy and judgement of an external expert are needed.

How we support our clients:

With an accurate and professional creation of contractual framework and with providing safeguards we manage the risks of media appearances as much as possible.
We inform our client if the contract does not reflect his/her interests.
We prepare our client for what to allow and where to set the boundaries.
We warn our client if the agreement does not comply with the regulations in force or with our client’s other contractual liabilities.
We do not allow the internal balance of the contract to shift in favour of one contracting party.