Athlete Endorsement Contract

ATHLETE ENDORSEMENT CONTRACT

Contract Number: [________________________________]

This Athlete Endorsement Contract ("Agreement") is entered into as of [__/__/____] ("Effective Date"), by and between:

SPONSOR/BRAND:
Company Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Contact Person: [________________________________]
Phone: [________________________________]
Email: [________________________________]

(hereinafter "Sponsor" or "Company")

AND

ATHLETE:
Legal Name: [________________________________]
Professional Name: [________________________________]
Sport: [________________________________]
Current Team/Affiliation: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Agent/Representative: [________________________________]

(hereinafter "Athlete")

ARTICLE 1: PURPOSE AND SCOPE

1.1 Purpose

Sponsor desires to engage Athlete to endorse, promote, and advertise Sponsor's products and/or services, and Athlete desires to provide such endorsement services, subject to the terms and conditions of this Agreement.

1.2 Products/Services

This Agreement covers the following products and/or services:

Brand Name(s): [________________________________]

Product Category: [________________________________]

Specific Products/Services:
☐ [________________________________]
☐ [________________________________]
☐ [________________________________]
☐ All products/services in the [________________________________] category

1.3 Relationship

Athlete is an independent contractor and not an employee, partner, or agent of Sponsor. This Agreement does not create an employment relationship.

ARTICLE 2: TERM

2.1 Initial Term

This Agreement shall commence on [__/__/____] ("Commencement Date") and continue until [__/__/____] ("Expiration Date"), unless earlier terminated.

Initial Term Duration: [____] year(s)

2.2 Renewal Options

☐ No automatic renewal: Any extension requires a new written agreement.

☐ Sponsor Option: Sponsor has [____] option(s) to extend for [____] year(s) each, exercisable by written notice and payment of renewal fee at least [____] days before expiration.

Renewal Compensation:

• Option Period 1: $[________________________________]
• Option Period 2: $[________________________________]

☐ Mutual Agreement: Renewal by mutual written agreement only.

2.3 Early Termination

Either party may terminate this Agreement as provided in Article 11.

ARTICLE 3: GRANT OF RIGHTS

3.1 Endorsement Rights

Athlete grants Sponsor the right to use Athlete's:

☐ Name (legal and professional)
☐ Nickname(s): [________________________________]
☐ Likeness, image, and photograph
☐ Voice and vocal recordings
☐ Signature (actual and stylized)
☐ Biographical information
☐ Athletic statistics and achievements
☐ Social media handles and presence
☐ Jersey number: [____]
☐ Catchphrases: [________________________________]
☐ Other: [________________________________]

(collectively, "Athlete Attributes")

3.2 Authorized Uses

Sponsor may use Athlete Attributes for:

Advertising and Marketing:
☐ Television commercials
☐ Radio advertising
☐ Print advertising (newspapers, magazines)
☐ Digital/online advertising
☐ Social media advertising
☐ Outdoor advertising (billboards, transit)
☐ Point-of-sale materials
☐ Direct mail campaigns

Promotional Materials:
☐ Promotional videos
☐ Brochures and catalogs
☐ Trade show materials
☐ Press releases and media kits
☐ Website content
☐ Email marketing
☐ Packaging (limited or full)

Products and Merchandise:
☐ Product packaging/labeling
☐ Product itself (signature series)
☐ Promotional merchandise
☐ Retail displays

Events:
☐ Corporate events
☐ Trade shows
☐ Product launches
☐ Retail appearances
☐ Charity events (approved by Athlete)

Other:
☐ Internal corporate communications
☐ Investor presentations
☐ Licensing to third parties (with approval)
☐ [________________________________]

3.3 Exclusivity

☐ Exclusive: Athlete shall not endorse or promote any Competing Products (as defined in Section 3.4) during the term.

☐ Non-Exclusive: Sponsor's rights are non-exclusive; Athlete may enter into other endorsement agreements, except for Competing Products.

☐ Category Exclusive: Exclusive only within the product category of [________________________________].

3.4 Competing Products

"Competing Products" means:

[________________________________]
[________________________________]
[________________________________]

☐ Competing Products list may be updated by mutual agreement annually.

3.5 Territory

Sponsor's rights extend to:

☐ United States only
☐ North America
☐ Worldwide
☐ Specific territories: [________________________________]

3.6 Reserved Rights

Athlete reserves:

a) All rights not expressly granted herein
b) Right to use Athlete Attributes for personal, non-commercial purposes
c) Right to enter into endorsement agreements for non-competing products
d) Right of approval over materials as specified herein

ARTICLE 4: ATHLETE SERVICES AND OBLIGATIONS

4.1 Endorsement Services

Athlete agrees to provide the following services during the term:

Personal Appearances:
☐ [____] personal appearances per contract year
☐ Maximum duration: [____] hours each
☐ Locations to be mutually agreed

Media/Advertising Production:
☐ [____] photo shoot day(s) per contract year (up to [____] hours each)
☐ [____] video/commercial shoot day(s) per contract year (up to [____] hours each)
☐ [____] radio recording session(s) per contract year

Social Media:
☐ [____] Instagram posts per [month/quarter/year]
☐ [____] Instagram Stories per [month/quarter/year]
☐ [____] Twitter/X posts per [month/quarter/year]
☐ [____] TikTok videos per [month/quarter/year]
☐ [____] YouTube content pieces per [month/quarter/year]
☐ Other: [________________________________]

Product Usage:
☐ Athlete shall use Sponsor's products exclusively in public when in the product category
☐ Athlete shall use Sponsor's products during competition when permitted
☐ Athlete shall wear/display Sponsor branding at events

Other Services:
☐ [________________________________]
☐ [________________________________]

4.2 Scheduling

All appearances and services shall be:

a) Scheduled at least [____] days in advance
b) Subject to Athlete's professional athletic schedule
c) Mutually agreed upon by the parties
d) Not to interfere with Athlete's team or league obligations

4.3 Conduct

Athlete agrees to:

a) Conduct himself/herself in a professional manner at all appearances
b) Not disparage Sponsor, its products, or competitors
c) Use Sponsor's products in good faith
d) Make genuine, honest endorsement statements
e) Maintain a positive public image consistent with Sponsor's brand values

4.4 Morals Clause

Athlete agrees not to:

a) Commit any criminal offense (other than minor traffic violations)
b) Engage in conduct that brings public disrepute, scandal, or embarrassment
c) Make public statements that materially damage Athlete's reputation or marketability
d) Use illegal drugs or abuse controlled substances
e) Engage in conduct that reflects poorly on Sponsor's brand

4.5 Equipment and Product Use

☐ Athlete shall use Sponsor's equipment exclusively during competition (if permitted by league/team)
☐ Athlete shall wear Sponsor's apparel during training and public appearances
☐ Athlete shall display Sponsor's logo on personal equipment and gear

4.6 FTC Compliance

Athlete agrees to:

a) Disclose the material connection with Sponsor in all endorsement activities
b) Include appropriate hashtags (#ad, #sponsored) on social media posts
c) Make only truthful statements about Sponsor's products
d) Comply with all FTC guidelines regarding endorsements

ARTICLE 5: COMPENSATION

5.1 Guaranteed Compensation

Sponsor agrees to pay Athlete:

Annual Guarantee: $[________________________________]

Payment Schedule:
| Payment | Amount | Due Date |
|---------|--------|----------|
| Signing bonus | $[________] | Upon execution |
| Quarterly payment | $[________] | [__/__/____] |
| Quarterly payment | $[________] | [__/__/____] |
| Quarterly payment | $[________] | [__/__/____] |
| Quarterly payment | $[________] | [__/__/____] |

5.2 Performance Bonuses

Athlete shall receive additional compensation for:

Athletic Performance:
| Achievement | Bonus Amount |
|-------------|--------------|
| League MVP | $[________] |
| Championship win | $[________] |
| All-Star selection | $[________] |
| Pro Bowl/All-Pro selection | $[________] |
| Olympic medal | $[________] |
| World record | $[________] |
| Other: [________] | $[________] |

Marketing Performance:
| Achievement | Bonus Amount |
|-------------|--------------|
| [____] social media impressions | $[________] |
| [____] product sales attributed to campaign | $[________] |
| Other: [________] | $[________] |

5.3 Royalties

☐ No royalties: Compensation is limited to amounts stated above.

☐ Royalties apply:

• [____]% of net sales of signature products
• Minimum royalty guarantee: $[________] per contract year
• Royalty cap: $[________] per contract year
• Accounting and payment: [quarterly/semi-annually]

5.4 Equity Compensation

☐ No equity compensation

☐ Equity Grant:

• [____] shares/units of [________________________________]
• Vesting schedule: [________________________________]
• Subject to separate equity agreement

5.5 Products and Perks

Sponsor shall provide Athlete with:

☐ Products for personal use (annual value: $[________])
☐ Products for family members (annual value: $[________])
☐ Products for charitable purposes (annual value: $[________])
☐ VIP access to Sponsor events
☐ Other: [________________________________]

5.6 Expenses

Sponsor shall pay or reimburse:

☐ First-class travel for appearances
☐ Hotel accommodations
☐ Ground transportation
☐ Per diem of $[________] per day
☐ Hair, makeup, and wardrobe for shoots

5.7 Taxes

Athlete is responsible for all applicable taxes. Sponsor will issue appropriate tax forms (1099, etc.).

ARTICLE 6: APPROVALS AND CREATIVE CONTROL

6.1 Materials Requiring Approval

Athlete shall have the right to approve:

☐ All advertising and marketing materials before release
☐ Only materials featuring Athlete's image in a primary role
☐ Major campaigns (TV, print ads) only
☐ Social media content for Athlete's own channels

6.2 Approval Process

a) Sponsor shall submit materials to Athlete at least [____] business days before intended use
b) Athlete shall respond within [____] business days
c) If Athlete fails to respond, materials shall be deemed:
☐ Approved
☐ Not approved (resubmission required)
d) Approval shall not be unreasonably withheld

6.3 Modifications

If Athlete requests modifications:

a) Sponsor shall make reasonable modifications
b) Modified materials resubmitted for approval
c) Disputes resolved per Section 6.4

6.4 Approval Disputes

If parties cannot agree on materials:

☐ Sponsor may not use disputed materials
☐ Dispute submitted to neutral third party for resolution
☐ Other: [________________________________]

6.5 Pre-Approved Materials

The following types of materials are pre-approved and do not require individual approval:

☐ Press releases announcing the partnership
☐ Social media announcements (using approved templates)
☐ Minor variations of previously approved materials
☐ Internal corporate communications

ARTICLE 7: INTELLECTUAL PROPERTY

7.1 Ownership of Athlete Attributes

Athlete retains all ownership rights in Athlete Attributes. This Agreement grants only a license, not an assignment, of such rights.

7.2 Ownership of Materials

Materials created under this Agreement shall be owned as follows:

☐ Sponsor owns all materials: Including photographs, videos, and creative content, subject to Athlete's underlying rights in Athlete Attributes.

☐ Joint ownership: Athlete and Sponsor jointly own materials.

☐ Other arrangement: [________________________________]

7.3 Post-Term Usage

Upon expiration or termination:

a) Sponsor shall cease use of Athlete Attributes in new materials immediately
b) Sponsor may continue using existing materials for [____] days for sell-off purposes
c) Sponsor may retain archival copies for legal/historical purposes only
d) Sponsor shall remove Athlete content from websites within [____] days

7.4 Third-Party Licensing

☐ Sponsor may not license rights to third parties without Athlete's consent
☐ Sponsor may license to affiliates and authorized distributors
☐ Sublicensing requires written approval and [____]% of sublicense fees paid to Athlete

ARTICLE 8: REPRESENTATIONS AND WARRANTIES

8.1 Athlete Represents and Warrants:

a) Athlete has full right and authority to enter this Agreement
b) Athlete is not bound by any conflicting agreement
c) Athlete has disclosed all existing endorsement agreements
d) Athlete is not aware of any circumstances that would prevent performance
e) Athlete will comply with all applicable laws and regulations
f) Athlete is in good standing with relevant athletic organizations

8.2 Sponsor Represents and Warrants:

a) Sponsor has full right and authority to enter this Agreement
b) Sponsor's products comply with all applicable laws and regulations
c) Sponsor will use Athlete Attributes only as authorized
d) Sponsor will include required FTC disclosures
e) Sponsor has financial ability to perform payment obligations

8.3 Mutual Representations:

a) Each party has disclosed all material information
b) No representation is false or misleading
c) Each party will perform obligations in good faith

ARTICLE 9: INDEMNIFICATION

9.1 Athlete Indemnification

Athlete shall indemnify, defend, and hold harmless Sponsor from claims arising from:

a) Athlete's breach of this Agreement
b) Athlete's gross negligence or willful misconduct
c) False statements made by Athlete about Sponsor's products
d) Claims that Athlete Attributes infringe third-party rights

9.2 Sponsor Indemnification

Sponsor shall indemnify, defend, and hold harmless Athlete from claims arising from:

a) Sponsor's breach of this Agreement
b) Sponsor's products (product liability claims)
c) Unauthorized use of Athlete Attributes
d) Sponsor's advertising claims
e) Sponsor's negligence or willful misconduct

ARTICLE 10: INSURANCE

10.1 Sponsor's Insurance

Sponsor shall maintain:

Athlete shall be named as additional insured upon request.

10.2 Athlete's Insurance

Athlete shall maintain personal liability insurance with minimum coverage of $[________________________________].

ARTICLE 11: TERMINATION

11.1 Termination for Breach

Either party may terminate upon [____] days' written notice if the other party materially breaches this Agreement and fails to cure within such period.

11.2 Termination by Sponsor

Sponsor may terminate immediately upon:

a) Athlete's violation of the morals clause (Article 4.4)
b) Athlete's criminal conviction (felony or crime of moral turpitude)
c) Athlete's suspension or ban by league or athletic organization
d) Athlete's permanent disability preventing performance
e) Athlete's death

11.3 Termination by Athlete

Athlete may terminate immediately upon:

a) Sponsor's failure to pay compensation when due (after [____] days' notice)
b) Sponsor's bankruptcy or insolvency
c) Sponsor's material misuse of Athlete Attributes
d) Sponsor's involvement in scandal materially damaging Athlete's reputation

11.4 Effect of Termination

Upon termination:

a) All unpaid compensation due through termination date shall be paid within [____] days
b) Sponsor's license to use Athlete Attributes terminates (subject to sell-off period)
c) Athlete shall return any Sponsor property in Athlete's possession
d) Confidentiality obligations survive
e) Indemnification obligations survive

11.5 Suspension

In lieu of termination, Sponsor may suspend this Agreement during investigation of potential morals clause violation. During suspension:

a) Athlete's services and compensation obligations pause
b) Exclusivity remains in effect
c) Suspension shall not exceed [____] days without resolution

ARTICLE 12: CONFIDENTIALITY

12.1 Confidential Information

Both parties agree to keep confidential:

a) Financial terms of this Agreement
b) Non-public business information
c) Marketing strategies and plans
d) Personal information of Athlete

12.2 Exceptions

Disclosure permitted:

a) With written consent of other party
b) To professional advisors bound by confidentiality
c) As required by law or legal process
d) To enforce rights under this Agreement

12.3 Duration

Confidentiality obligations survive termination for [____] years.

ARTICLE 13: DISPUTE RESOLUTION

13.1 Governing Law

This Agreement governed by laws of the State of [________________________________].

13.2 Informal Resolution

Parties shall attempt to resolve disputes informally for [____] days before pursuing other remedies.

13.3 Mediation

Unresolved disputes shall be submitted to mediation administered by [________________________________] in [________________________________].

13.4 Arbitration

If mediation fails, disputes resolved by binding arbitration under [AAA Commercial Rules / JAMS Rules] in [________________________________].

13.5 Attorneys' Fees

Prevailing party entitled to recover reasonable attorneys' fees and costs.

ARTICLE 14: GENERAL PROVISIONS

14.1 Entire Agreement

This Agreement (with exhibits) constitutes the entire agreement.

14.2 Amendments

Amendments must be in writing signed by both parties.

14.3 Assignment

Neither party may assign without consent, except Sponsor may assign to affiliate or successor.

14.4 Notices

Notices in writing to addresses above (or as updated).

14.5 Severability

Invalid provisions severed; remainder enforceable.

14.6 Waiver

No waiver unless in writing.

14.7 Counterparts

May be executed in counterparts.

14.8 Publicity

☐ Parties may issue joint press release upon execution
☐ All press releases require mutual approval

14.9 Force Majeure

Neither party liable for delays due to circumstances beyond reasonable control.

SIGNATURES

SPONSOR:

Signature: ________________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

ATHLETE:

Signature: ________________________________
Printed Name: [________________________________]
Date: [__/__/____]

ATHLETE'S AGENT/REPRESENTATIVE (if applicable):

Signature: ________________________________
Printed Name: [________________________________]
Agency: [________________________________]
Date: [__/__/____]

EXHIBIT A: APPEARANCE AND SERVICE SCHEDULE

EXHIBIT B: APPROVED ATHLETE IMAGES

(Attach approved photographs and image guidelines)

EXHIBIT C: BRAND GUIDELINES

(Attach Sponsor's brand guidelines and usage requirements)

EXHIBIT D: SOCIAL MEDIA GUIDELINES

Required Disclosures:

• All posts must include #ad or #sponsored or #[BrandName]Partner
• Disclosure must be clear and conspicuous
• Disclosure must appear before any "more" link

Content Guidelines:
[________________________________]
[________________________________]
[________________________________]

Prohibited Content:
[________________________________]
[________________________________]
[________________________________]

EXHIBIT E: EXISTING ENDORSEMENT AGREEMENTS

This Agreement involves significant rights and obligations. Both parties should have this Agreement reviewed by legal counsel before signing. FTC compliance is mandatory for all endorsement activities.