05 Jun 2009
The BAC has been involved in lengthy discussions surrounding the deed document athletes have been asked to sign by their NGBs to go along with the World Class Programme agreement they also have to sign.
The BAC is fully supportive of the scheme to which this deed relates, which is designed to raise additional funding for elite sport in the UK in the run up to 2012 and beyond. But when we saw the first draft of the documents we raised a number of concerns with UK Sport regarding aspects of it which we felt were too restrictive. These issues were resolved relatively quickly, but it became apparent that aspects of the deed were still too restrictive for athletes who are commercially active now, or who may be in the future. This meant that further discussions ensued between the Team 2012 partners, the BAC and the agents who look after the commercial interests of many of the athletes. It was decided that instead of redrafting the original deed document (which would have meant that many athletes would have to resign it), a legally binding rights schedule would be created , signed by the NGBs (who give their athletes to the scheme) and incorporated as part of the Deed. This rights schedule defines how athletes will be used by the scheme, and clarifies the areas where there was confusion or disagreement previously. So what are the key changes that have come about as a result of this rights schedule?
• Athletes are now free to pursue and sign exclusive and non exclusive deals with any competitors to Team 2012 scheme partners (apart from the presenting partner) and do not have to seek permission to do so. If they sign a deal with a competitor they will not be required to make appearances in that sector for team 2012
• Athletes can also sign deals with competitors of the presenting partner, the only requirement is that if they wish the deal to be exclusive, they have to demonstrate that the sponsor deal is bona fide. This is to prevent a competitor of the team 2012 presenting partner from cheaply signing up athletes on exclusive deals. However, it means that athletes still have the freedom to pursue deals with whomever they wish. The BAC will make up 50% of the panel which assesses whether these deals are market value or not, which adds further protection for the athletes.
The other key aspects of the scheme remain the same:
• You will be asked to give three days of your time
• Team 2012 sponsors will also be able to use your image to demonstrate their support of the scheme, though the way it is used and the amount will be severely restricted. For example, your image would only be used in a maximum of 1 campaign a year, and your image would never appear alone, it would always be in a group with other athletes from different sports
• Any expenses incurred when appearing for team 2012 will be covered
• Any current deals you have are unaffected, and if there are any conflicts you will not be asked to appear in that sector.
For full details on the scheme and your responsibilities to it, please see attached documents.
As a result of these lengthy discussions the BAC is now satisfied that the rights of the athletes have been protected and that they are not being prevented in any way from pursuing deals which allow them to benefit from their image and success as an elite athlete. We are now happy to advise all athletes to sign the deed documents so that Team 2012 can progress with signing up sponsors to the scheme and bring in revenue to support those sports which still need funding to achieve their aims in 2012 and beyond.
Yours
The BAC
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