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Rechtsanwalt Marian Härtel - ITMediaLaw

How can Esports contracts ensure your organization’s success?

8. December 2022
in Law and Esport
Reading Time: 15 mins read
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Key Facts
  • Time of use: The set number of hours per week is crucial for the athlete and the team.
  • Location: The training and competition venue influences investments in infrastructure.
  • Liability insurance: Protection against financial consequences in the event of damage to players and the organization.
  • Transparency: Contracts create clarity about the rights and obligations of all parties involved.
  • Financial planning: Contracts help to define financial framework conditions for players.
  • Risks: Unclear legal situation or non-compliance can lead to financial losses.
  • Professionalization: Well-drafted contracts ensure transparent and serious cooperation.

As a manager or person in charge of organizing a sport or an Esports team, you have to consider many aspects if you want to achieve your goals. This also includes the contractual arrangements with the players and athletes. Esports contracts can ensure the success of your organization if they are well designed and implemented. A good contract should define favorable conditions for both the organization and the athlete.

Content Hide
1. Introduction
2. Why should companies and organizations sign Esports contracts?
3. What does an Esports contract mean for the future of the Esports organization?
4. What rights do players have in relation to their contract?
5. What are the risks of an eSports contract for companies/organizations?
6. Conclusion
6.1. Author: Marian Härtel

Here are some aspects to consider when drafting Esports contracts:

Hours of service: The total number of hours per week or month that the athlete is available to the team should be specified in the contract. Specific events or championships should also be considered. Of course, the time of use should always be in the interest of the team and not at the expense of the athlete / the athlete.

Location: The location where the athlete trains or competes should be specified in the contract. This can be both in the studio and on the street or other places. Location is important because it influences where the team needs to invest (e.g., in facilities or equipment).

The time and place of use should, of course, always be in the interest of the team and not at the expense of the athlete.

Travel Allowance: If the athlete(s) must move from their normal residence to be available to the team, it may be necessary to establish a reasonable amount for travel expenses.

Liability insurance: It is advisable that the team has a liability insurance for the athlete / the athlete. This protects the team and the player from financial consequences in case of damage or accidents.

Introduction

Esports contracts are integral to the success of an Esports organization. Through them, organizations can improve the performance of their players and ensure the success of their organization. In this article, we will look at the different types of Esports contracts and how they can ensure the success of your organization.

What types of Esports contracts are there? There are two main types of Esports contracts: Player contracts and marketing contracts. Player contracts govern the relationship between a player and his organization. They contain information such as salary, bonuses, vacation days and other benefits. Marketing contracts, on the other hand, govern the relationship between an organization and an external service provider, such as an event organizer or sponsor. They usually contain information about cooperation, financial obligations and other conditions.

Why are Esports contracts so important? Esports contracts are important because they can ensure the success of an organization. Through contracts, organizations can improve player performance and minimize risk. They also ensure transparency and create clarity about the respective rights and obligations of the parties involved.

Why should companies and organizations sign Esports contracts?

There are many reasons why companies and organizations should enter into contracts, especially properly vetted ones. First of all, this is how they ensure the success of the organization.

The contract ensures that the organization receives the resources it needs to compete. In addition, the contract regulates the cooperation between the various departments. This can ensure that all departments are pulling in the same direction and working together for the success of the organization. Furthermore, an Esports contract ensures more professionalism. The contract clearly defines the rights and obligations of each party. In this way, misunderstandings can be avoided and conflicts resolved. In addition, the contract regulates liability. This way, organizations can be sure that in the event of damage, it is not they who will be liable.

The contract will ensure the success of the organization and achieve greater professionalism.

What does an Esports contract mean for the future of the Esports organization?

An Esports contract is a worthwhile investment for the future of an esports organization. It binds both the player and the organization, and both sides receive clear instructions on how to achieve their goals. Such a contract can help ensure that an organization attracts and retains quality players to improve their ranking in various games/leagues or competitions. This is especially important for esports teams trying to go professional – an esports contract can help keep an organization informed about the organization’s cost, risk and performance breakdown before signing the contract.

Esports contracts are also important for the financial planning of esports organizations. They can help set the financial framework for each player or group of players and ensure that no one is over-earning or being abused. In addition, Esports contracts provide both the players and the organization with legal protection in the event of disputes.

The agreements in an Esports contract can vary depending on the type of agreement. Most contracts cover financial obligations, but there are other details to consider such as training schedules or competitive behavior. It is advisable to include all potentially relevant details in the contract and follow them closely. This can ensure that no party is cheated or disadvantaged and that all parts of the agreement are fair.

It is therefore very crucial for an esports organization to have a robust esports contract in place. This should meet the interests of both the players and the organization and can help ensure that both the successes and the investment in the future of the organization are secured.

With the right Esports contract on board, esports teams can maximize their growth and remain successful in the long run!

What rights do players have in relation to their contract?

It is important that all parties to an Esports contract know the rights and obligations. As a club or organization, you want to ensure that players are playing in the best interest of the team and that they are fulfilling their commitments. It is therefore crucial that the contract is carefully drafted and contains all the necessary provisions. Basically, players in Esports contracts have the right to be compensated for their services as professional gamers. In addition, eSports contracts should specify a minimum term and also give players the options to renew or cancel their contract. The contract should also include clauses that ensure the protection of the team’s interests, such as obligations of players to participate in competitions or to obtain written permission to participate in other events. In addition, the contract should clarify what kind of support the club/organization offers to the player (e.g. access to training infrastructure). This not only ensures a professional working environment for the players, but also signals to the team member that they are considered a valuable part of the team and their performance is valued. It is also advisable to supplement the contract with guidelines regarding the use of social media and other Internet platforms. This will ensure that the team/club brand is represented in an appropriate manner and that players do not make inappropriate public appearances. This is particularly important with regard to sponsorship agreements and ensures that no negative publicity occurs.

A well-crafted Esports contract is a key contributor to an organization’s success. By including all rights and obligations of all parties in the contract and reviewing and revising it regularly, you can ensure that both organization and players can benefit equally.

What are the risks of an eSports contract for companies/organizations?

Although eSports is a modern business field, there are some risks involved in drafting contracts in this area. If you want your organization to continue to succeed in the eSports contract space, you should address the following risks:

1. ambiguity about the legal situation As with any other contract, the legal situation regarding eSports contracts is unclear. Most contracts are based on the contracting framework of the respective game manufacturers or promoters, but these contracts have not been developed for use in a corporate setting. Therefore, certain clauses in the contract may not be appropriate or may simply be invalid.

2. control over the content Even though eSports contracts are often based on existing contracts, you as the entrepreneur/organization can still influence the content of the contract. By drafting special clauses, you can determine what content should and should not be included in your eSports contract. However, it is advisable to consult with experts beforehand to make sure that your special clauses are appropriate and effective.

3. no legal recourse against violations If a player or organization has agreed in their contract to publish or distribute certain content, you as a business owner/organization can try to enforce that agreement. However, there is often little legal recourse to punish violations of eSports contracts. At least effectively and promptly. So you have to stick to the contractual agreements and hope that your counterpart does the same. In the worst case, however, a violation can be expensive.

It is important that companies/organizations also keep the risks in mind when signing an eSports contract. Some of the possible risks are:

4. trademark rights: When a company/organization signs an eSports contract with a player or team, there is always the risk that the company/organization does not have the necessary rights to the team’s trademarks. This can cause problems if the team tries to use its brand to get sponsorship.

5. non-compliance with contracts: There is always the possibility that a player or team will not honor their contract, resulting in financial loss to the company/organization. As a result, the company/organization may be forced to bear additional costs and possibly pay damages in other ways.

6. image damage: A poorly managed or poorly negotiated Esports engagement can result in bad publicity and associated image damage. Therefore, before signing an eSports contract, it is important for companies/organizations to make sure that all players and teams will give their best in order not to harm the image of the company/organization.

7. loss of investment: Due to unforeseen events and missing spectators/fans, an engagement can of course also go wrong. There is therefore always a risk that sales and profits will go down if you invest in eSports. Therefore, when selecting their partner, companies/organizations should thoroughly research and inform themselves about all possible risks. It is therefore essential for any company/organization to weigh the risks and consider all possible scenarios before signing an eSports contract. This is the only way to ensure that you have achieved a contractually binding success at the end of the day!

First of all, it is important to understand that eSports is a very dynamic market. The rules and landscape can change in a short period of time, so it’s important to stay flexible.

A fixed contract can become problematic for both sides if the rules change. It is therefore advisable to keep as many options open as possible and adjust the contract accordingly.

Finally, it should be mentioned that eSports contracts are often very long-term. This means that both sides make a high level of commitment and engagement. If either side can’t or won’t maintain its commitment, problems can arise. Both sides should therefore ensure that they are willing and able to fulfill the contract over its entire term.

Conclusion

Esports contracts are an integral part of an organization’s success. They make sure that the players and the team work together and pull together. In addition, they ensure that the organization is financially secure. A good Esports contract should therefore include the following points: – Clear rules and guidelines – Financial protection for the organization – Obligations of the players and the team – Incentives for the players and the team It is important that all parties involved sign an Esports contract so that the organization is legally secured. In addition, all parties should read and understand the contract carefully before signing.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

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  • Informationen
    • Ideal partner
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      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
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