Business
May 2023

What To Do When A Partner Wants Exclusivity

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Exclusivity in athlete sponsorships is a common practice in the sports industry. When an athlete signs an exclusive sponsorship deal, they agree to only endorse products or services from that brand. This can be a great way for brands to get their name in front of a large audience, but it can also be restrictive for athletes.

Pros and cons for athletes

There are several pros and cons for athletes when it comes to exclusivity in sponsorships.

Pros:

  • Athletes can earn more money from exclusive deals.
  • Athletes can build a stronger relationship with their sponsors.
  • Athletes can be more selective about the brands they endorse.

Cons:

  • Athletes may be limited in the types of products or services they can endorse.
  • Athletes may not be able to take advantage of opportunities from other brands.
  • Athletes may be more likely to be dropped by their sponsors if they underperform.

Pros and cons for brands

There are also several pros and cons for brands when it comes to exclusivity in sponsorships.

Pros:

  • Brands can ensure that their athletes are not endorsing competing products or services.
  • Brands can build a stronger relationship with their athletes.
  • Brands can get their name in front of a larger audience.

Cons:

  • Brands may have to pay more for exclusive deals.
  • Brands may be limited in the types of athletes they can sign.
  • Brands may be more likely to be sued if their athletes do something that damages the brand's reputation.

What to do when one is included

If you are an athlete and you are offered an exclusive sponsorship deal, it is important to weigh the pros and cons carefully before signing. Make sure you understand the terms of the deal and what it will mean for your career. If you are not sure, it is always a good idea to consult with an attorney (JRZY can help).

Ways to restrict it

There are a few ways to restrict the scope of an exclusive sponsorship deal. One way is to negotiate a clause that limits products or services from competitors to certain categories. For example, you might be able to endorse a different type of shoe or clothing brand, but not a different type of sports drink..

Like with a non-compete they should be limited in scope

Just like with a non-compete agreement, it is important to make sure that any exclusivity clause in a sponsorship deal is limited in scope. This means that the clause should only apply to certain types of products or services, and it should not be so broad that it prevents you from earning a living.

Takeaway

Exclusivity in athlete sponsorships is a complex issue with both pros and cons. It is important to weigh the factors carefully before signing any deal. If you are an athlete, it is always a good idea to consult with an attorney to make sure you understand the terms of the deal and what it will mean for your career.

Issa Hall, Esq

Issa has founded multiple ventures, is an author, and founding partner of Hall & Dixon law firm, with over a decade of experience in tech and law.

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