Athlete Sponsorship Agreement
Now, therefore, in consideration of the mutual covenants and promises herein, the Parties agree as follows:
1. Discount Benefits
2. Athlete Obligations
The Athlete agrees that during the Term of this Agreement they shall, at a minimum, fulfill the following obligations:
- Promotion and Branding: The Athlete shall actively promote the Clinic on the Athlete’s social media platforms and other publicity channels, in a manner consistent with the Clinic’s branding guidelines (which will be provided to the Athlete). This includes, but is not limited to, making regular posts or endorsements highlighting the Clinic’s services, tagging the Clinic’s official accounts, and using any designated hashtags or promotional language provided in the branding guidelines. The content of such posts shall be professional and in good taste, reflecting positively on the Clinic.
- Exclusivity of Services: The Athlete shall use only Sports and Exercise Physiotherapy Brisbane for all physiotherapy and sports-injury related treatment services during the Term. The Athlete will not seek or receive physiotherapy services from any other clinic or provider while this Agreement is in effect, except in cases of emergency or with prior written consent from the Clinic. This exclusivity is a fundamental condition of the sponsorship.
- Consent to Media Use: The Athlete hereby consents to photographs and videos being taken of the Athlete within the Clinic environment completing rehabilitation or exercises. The Athlete grants the Clinic the right to use, reproduce, and publish such photographs and videos, as well as the Athlete’s name, likeness, image, and voice, for the Clinic’s marketing and promotional purposes. Such use may include (but is not limited to) the Clinic’s website, social media accounts, brochures, and other advertising materials. The Athlete shall execute any further releases or documents reasonably necessary to effectuate this provision.
3. Duration and Renewal
- Term of Sponsorship: As noted above, the Term of this sponsorship is twelve (12) months from the Effective Date of this Agreement. All benefits and obligations described in this Agreement apply only during this Term.
- Renewal Process: Upon the expiration of the Term, the sponsorship benefits will end. If the Athlete wishes to continue receiving sponsorship benefits beyond the Term, the Athlete must submit a new sponsorship application to the Clinic prior to or upon the expiration date. The Clinic, in its sole discretion, will evaluate any such application and decide whether to offer a renewed or new sponsorship agreement. Nothing in this Agreement shall be construed as an obligation of the Clinic to renew the sponsorship or enter into a subsequent agreement with the Athlete.
- No Guarantee of Renewal: The Athlete acknowledges that sponsorship slots are limited and competitive. Past sponsorship by the Clinic does not guarantee continued sponsorship. The Clinic reserves the right to decline a renewal application for any reason or no reason, in its discretion, including (but not limited to) the Athlete’s performance during the Term or changes in the Clinic’s sponsorship programs or marketing strategy.
4. Conduct and Performance
- Code of Conduct: The Athlete shall adhere to the Athlete Code of Conduct provided by the Clinic, which is attached to this Agreement as Schedule A and incorporated herein by reference. The Code of Conduct may include, among other things, guidelines on sportsmanship, ethical behaviour, compliance with sports governing body rules (including anti-doping regulations), and public behaviour that reflects on the Athlete and the Clinic. The Athlete acknowledges receipt of the Code of Conduct and agrees that any violation of its provisions constitutes a material breach of this Agreement (see Termination clause below).
- Active Sports Participation: The Athlete must remain actively engaged in training for and participating in their sport throughout the Term. Active participation means the Athlete is regularly training, competing, or otherwise working toward competitive goals in their sport, except for temporary interruptions due to injury, illness, or agreed breaks (e.g., off-season), provided the Athlete intends to resume active competition. The Athlete agrees to promptly inform the Clinic of any significant changes in their athletic status, such as retirement from the sport or an extended absence from competition due to injury. If the Athlete permanently discontinues participation in their sport during the Term (for reasons other than a temporary injury rehabilitation with intent to return), such discontinuation may be considered a breach of this Agreement and grounds for termination as outlined in Section 6.
- Performance Goals: The Athlete and the Clinic (through an authorized representative) will mutually define certain performance or development goals at the start of the Term. These goals will be documented in writing (and may be attached as Schedule B to this Agreement, if applicable). The Athlete agrees to use best efforts to work toward and attempt to achieve these goals during the Term. The Parties acknowledge that athletic performance can be affected by many factors; thus, failure to achieve the specific performance goals shall not, in itself, constitute a breach of this Agreement provided the Athlete has made good faith efforts toward the goals.
However, a complete lack of effort or engagement in pursuing the agreed goals may be considered a breach of the Athlete’s obligations under this Agreement.
5. Minimum Usage Requirement
- Minimum Sessions: The Athlete is required to attend at least six (6) physiotherapy sessions at the Clinic over the course of the Term (12 months). This minimum usage ensures the Athlete stays engaged with the Clinic’s services and helps the Clinic achieve its sponsorship objectives (e.g., the Athlete’s improvement and public association with the Clinic).
- Failure to Meet Minimum: If, by the end of the Term, the Athlete has not attended at least six sessions, the Clinic reserves the right to deem the Athlete ineligible for certain or all sponsorship benefits. In particular, failure to meet this minimum usage may constitute grounds for early termination of the Agreement by the Clinic (see Section 6 below), unless such failure is due to extenuating circumstances beyond the Athlete’s control (such as a long-term injury that prevented attendance, provided the Athlete communicated with the Clinic about such issues). The Clinic may, in its sole discretion, choose to waive the minimum session requirement in writing under special circumstances, or may offer the Athlete an opportunity to cure the deficiency (for example, by completing additional sessions within a short grace period), but is not obligated to do so.
6. Termination
6.1 Termination by the Clinic: The Clinic reserves the right to terminate this Agreement prior to the expiration of the Term under any of the following circumstances, which shall be considered material breaches of the Agreement by the Athlete:
- Breach of Code of Conduct or Agreement: If the Athlete violates the attached Code of Conduct (Schedule A) or otherwise commits a serious breach of any material term of this Agreement (including but not limited to failing to fulfill the promotion obligations in Section 2, or a material violation of the exclusivity or media consent provisions), the Clinic may terminate the Agreement immediately upon written notice to the Athlete.
- Discontinuation of Sport: If the Athlete ceases to actively participate in their sport during the Term – for example, if the Athlete retires, is banned from competition, or otherwise withdraws from active competition without the intent to return – the Clinic may terminate this Agreement upon written notice. (For clarity, a temporary inability to compete due to injury or short-term personal reasons, with an intent to resume competition, will not be deemed a discontinuation of sport for purposes of this clause, provided the Athlete communicates such situation to the Clinic and continues to fulfill promotional and other obligations to the extent reasonably possible during recovery.)
- Failure to Meet Minimum Usage: If the Athlete fails to attend at least six (6) physiotherapy sessions at the Clinic during the Term, as required in Section 5, the Clinic may terminate this Agreement by giving written notice to the Athlete. Typically, the Clinic will provide a warning or inquiry if usage is low, but the Clinic is not obligated to provide advance notice or an opportunity to cure prior to termination for insufficient usage.
In the event of termination by the Clinic under this Section 6.1, the Clinic shall owe no further sponsorship benefits to the Athlete beyond the effective date of termination. Any unused discounts or other benefits are forfeited, and the Athlete remains responsible for any outstanding balances for services already rendered (after applying any applicable discount earned before termination).
6.2 Termination by the Athlete: The Athlete may terminate this Agreement early by providing thirty (30) days’ written notice to the Clinic. In the event of early termination by the Athlete, the Athlete will forfeit any remaining sponsorship benefits (unused discounted sessions, etc.) as of the effective termination date, and the Athlete must reimburse the Clinic for the value of any discounts used if termination is due to a breach by the Athlete (for example, if the Athlete chooses to terminate in order to circumvent the exclusivity clause or after a violation of the code of conduct). The Athlete will remain liable for any outstanding payments for services already received. Early termination by the Athlete without breach (for instance, due to unforeseen personal circumstances) will not require reimbursement of discounts already used, but no further discounted services will be provided after notice of termination.
6.3 Mutual Termination: Nothing in this Agreement prevents the Parties from mutually agreeing in writing to terminate the Agreement early on agreed terms. In case of mutual termination, the Parties will negotiate in good faith an equitable arrangement regarding any outstanding obligations or used benefits.
6.4 Effect of Termination: Upon termination or expiration of this Agreement, the Athlete shall immediately cease representing themselves as a sponsored athlete of the Clinic. The Athlete must remove any Clinic logos or promotional content from their social media bios or personal marketing (except factual statements about having been sponsored during the Term, which are allowed). Likewise, the Clinic may remove the Athlete’s name and likeness from its marketing materials, and shall cease any new use of the Athlete’s name or image in promotions (ongoing or already printed materials may continue to be used at the Clinic’s discretion, unless the termination was due to a reputational issue, in which case the Clinic will endeavour to stop using the Athlete’s likeness promptly). Termination of this Agreement shall not relieve either Party of any obligation accruing prior to the date of termination. Sections of this Agreement that by their nature are intended to survive (such as the media consent granted, which is irrevocable for materials produced during the Term, and the indemnification and governing law provisions) shall survive the termination or expiration of this Agreement.
7. General Provisions
7.1 Independent Contractor Status: The relationship between the Clinic and the Athlete is that of independent contracting parties for a sponsorship arrangement. Nothing in this Agreement shall be deemed to create any association, partnership, joint venture, employment, or agency relationship between the Athlete and the Clinic. The Athlete shall not represent themselves as an employee or agent of the Clinic, and has no authority to act on behalf of or bind the Clinic in any manner.
7.2 No Monetary Compensation: The Parties acknowledge that the sponsorship benefits provided by the Clinic (i.e., discounted services as described in Section 1) constitute the full and sufficient compensation to the Athlete under this Agreement. The Athlete is not entitled to any monetary payment, stipend, or salary from the Clinic as part of this sponsorship. Similarly, the Athlete is responsible for their own expenses related to their sport and promotion activities unless otherwise specified in this Agreement. This Agreement does not create any expectation of future employment or paid engagement by the Clinic.
7.3 Assumption of Risk and Insurance: The Athlete acknowledges that athletic training and competition carry inherent risks of injury. While the Clinic will provide professional physiotherapy services to help prevent and treat injuries, the Clinic is not responsible for the Athlete’s training regimen or competitive outcomes. The Athlete assumes all risks associated with their athletic activities. The Athlete is encouraged to maintain personal health insurance or sports injury insurance to cover any injuries or medical conditions that may occur outside the scope of the Clinic’s services. This Agreement does not constitute an insurance policy or guarantee of the Athlete’s health or fitness.
7.4 Indemnification: To the extent permitted by law, the Athlete agrees to indemnify, defend, and hold harmless the Clinic (and its owners, employees, and agents) from and against any and all claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from the Athlete’s negligent or willfully harmful actions or omissions in connection with this Agreement. This includes, for example, any third-party claims arising from content the Athlete posts in fulfilling the promotion obligations (except to the extent such content was explicitly provided or directed by the Clinic). Likewise, the Clinic will indemnify and hold harmless the Athlete from any third-party claims arising from the Clinic’s negligent or willfully wrongful use of the Athlete’s name or likeness beyond the scope of the consent given in this Agreement. Each Party agrees to notify the other promptly of any such claims and to cooperate in the defence of any such claims.
7.5 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict of law principles. The Parties agree that any disputes arising out of or in connection with this Agreement that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of Queensland. The Athlete agrees to submit to the jurisdiction of such courts for the resolution of any disputes.
7.6 Entire Agreement: This Agreement, including any schedules or annexes attached hereto (such as the Code of Conduct in Schedule A, and any performance goals in Schedule B), constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements, representations, negotiations, or understandings between the Parties regarding the sponsorship. Each Party acknowledges that it has not relied upon any statements, promises, or representations not contained in this Agreement in deciding to enter into this Agreement.
7.7 Amendments: No amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by both the Athlete and an authorized representative of the Clinic. This includes any changes to the sponsorship benefits, obligations, or Term; any such changes must be documented in a written addendum or new agreement.
7.8 No Waiver: Failure by either Party to enforce any provision of this Agreement or to require performance by the other Party of any provision shall not constitute a waiver of that Party’s right to subsequently enforce that provision or any other provision of this Agreement. Any waiver must be explicit and in writing to be effective, and a written waiver of one provision shall not be deemed a waiver of any other provision or of the same provision in the future.
7.9 Severability: In the event that any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from this Agreement and the remaining provisions shall remain in full force and effect, provided that such severance does not substantially frustrate the essential purposes of this Agreement.
- Clinic contact information for notices:
Address: Sports and Exercise Physiotherapy Brisbane, ______________________________________
Email: ______________________________ - Athlete contact information for notices:
Address: ____________________________________________
Email: ________________________________
IN WITNESS WHEREOF, the Parties hereto have executed this Sponsorship Agreement as of the Effective Date first written above.
Sports and Exercise Physiotherapy Brisbane (the “Clinic”)
By: ________________________________ _
Title: ________________________ _
Signature: ________________________ _
Date: ___________ _
[Athlete Name] (the “Athlete”)
Name: ________________________ _
Signature: ________________________ _
Date: ___________ _
