You’re a footballer in need of a brand deal – what steps do you need to take?
The club football season has ended, as we await the FIFA Club World Cup, and UEFA Women’s EURO 2025. Brands are working overtime to sign key footballers, in time for these tournaments.
Imagine you are Adidas, and you sign a talent like Jude Bellingham. He goes to the Club World Cup and sets the world of football alight yet again, taking Real Madrid to the trophy and getting several photos along the way with personalised Adidas boots. People are in awe. Children want to recreate his style of play, his fashion. Adults want to wear his shirts. Isn’t it fantastic that you have a monopoly over him and can market Jude with the brand as much as you like to drive revenue?
New opportunities are constantly emerging in sponsorship and endorsement agreements, with stars looking to monetise their personal brands through social media and TV partnerships. This increases the importance of keeping yourself legally secure, ensuring your rights are not manipulated, and negotiating good contracts that can maximise your profit.
So, what elements of the brand deal do you need to consider carefully?
- Consider previous deals already agreed - to ensure you know what current rights/commitments you have, so that you don’t breach these in subsequent agreements. Also, review your contract of employment to determine whether you own certain rights, or whether these have been transferred to your club. I have previously spoken about image rights for marketing purposes, and if you have conceded these previously, it will affect your ability to sign any other deals.
- Understand what you are signing up to. Is it a sponsorship agreement, where you wear their clothing/kit for their exposure, and allow the brand to use your image in marketing? Or is it an endorsement agreement, where you need to take part in marketing for the brand, and consistently engage with your fanbase? Are you required to travel? If so, you would need these expenses covered. Are these days ‘off-days’ for your club so that you can make the commitment? What are the exclusivity or usage rights in respect of your image. How long do these rights last? Do they contravene with any personal brand deals?
- How long will the agreement last? Would you want a short term-deal, so that you can pursue new opportunities as they arise or lock in for longer stability and income. Does the agreement give you the opportunity to exit if you become unhappy (a break clause)?
- Creative control over branding – make sure that you have approval privilege rights over branding that involves you, so that you can review and approve content before it is publicised. This will protect your image from being misused.
- Exclusivity and restrictions on territory – can you work with other brands? What about non-competing brands? To what extent are you confined to a specific location? Does the restriction last after the deal ends?
- Morality clauses – this will allow brands to extinguish your deal if you commit behaviour that contravenes their reputation – are these terms defined within the contract? What exactly constitutes immorality? What about a reverse morality clause – if the brand engages in conduct that conflicts your values, you may not want to be attached.
- Right of first refusal – what if you get an offer from another brand looking to make you a sponsor? Would you want the brand to match that offer? It may limit your ability to negotiate elsewhere. You could include a time limit for their offer.
- Use of your name & image – the agreement should define how your image will be used, for what purpose, and for how long the brand retain the rights.
- Payment Structure – how would you like to be compensated? Lump sum or monthly? What levels of royalties would you be able to negotiate? Would you like an equity stake in the brand?
- Exit and termination – how can you get out when you want to finish the contractual relationship? If the brand decides to terminate early, what income should you receive?
These are just some things to think about!