The Independent Voice of West Indies Cricket

Exclusive: Full Text of ICC/FICA Ruling

Wed, May 3, '06

 

West Indies Players Association

The following is the full text of the ICC/FICA ruling on player endorsements and sponsor rights that paved the way for a deal between the WICB and WIPA on retainer contracts for West Indies cricketers.

The deal allows players to have private endorsements when they are not contracted to the WICB and spells out what rights are granted to the board when the retainer contract is implemented.

1. Use of the Player's Attributes by WICB for Game Promotion/Game Development

(a) The Player grants to WICB a perpetual, royalty-free licence to use his Attributes in any manner where the dominant purpose of the use of those Attributes is for the publicity and the promotion of WICB, cricket in general or any match, Tour or series of matches or game development, in or on any materials and in or on all other media, including, but not limited to, newspapers, magazines, motion pictures, match programs, broadcasts, narrowcasts, telecasts, webcasts and billboards provided that:

  1. Subject to (a) (ii), the Player's Attributes will be given equal exposure with at least two (2) other players who are contracted to play for the WICB; and


  1. In relation to official WICB publications, the Player's Attributes may be used alone provided that the Player Attributes of at least 2 other players either alone or together are also used elsewhere in the same publication and the Player cannot be construed as personally endorsing the publication; and


  1. the WICB must give the Player at least ten (10) days notice of an intention to use the Player's Attributes in any promotions, using the form attached as Item 7, unless the Player consents to shorter notice; and


  1. the WICB shall ensure that any promotion using the Player's Attributes shall be identified as being associated with the WICB and/or the WICB Team by depicting the Player in a WICB uniform or any other official Team apparel or depicting the Player in some other manner designating a clear connection with WICB Team thereby differentiating such promotion from a personal endorsement by the Player.


(b) The Player may refuse to consent to the proposed use of his Attributes as notified to him under paragraph (a) above on reasonable personal or reasonable professional grounds provided he notifies WICB in writing to that effect and states his reasons within four (4) business days of receiving the notification from WICB. Approval of the use of the Player Attributes shall be deemed if no such refusal is received from the Player within four (4) business days of his receiving the notification from WICB.

(c) If WICB disagrees with the basis upon which the Player has refused to consent to the use of his Attributes, the matter will be dealt with in accordance with the procedure set out in Item 8.

2. Use of the Player's Attributes by WICB Major Sponsors

  1. The Player acknowledges that WICB has the sole and exclusive right to arrange for all commercial rights, including but not limited to sponsorship, advertising, licensing, merchandising and promotional activities relating to WICB or any WICB Team or WICB Event or WICB Series.


  1. The Player agrees that WICB may permit any WICB Major Sponsor to use the Player's Attributes in promotional and advertising activities permitted by WICB, provided that:


(i) The Player's Attributes will be given equal exposure with at least two (2) other players who are contracted to WICB: and

  1. The WICB must give the Player at least ten (10) days notice of a WICB Major Sponsor's intention to use the Player's Attributes, using the form attached at Item 7, unless the Player consents to shorter notice; and


  1. The WICB shall ensure that any WICB Major Sponsor promotion or advertisement shall be identified as being associated with the WICB and/or the WICB Team by depicting the Player in a WICB uniform or any other official Team apparel or depicting the Player in some other manner designating a clear connection with WICB Team thereby differentiating such promotion from a personal endorsement by the Player; and


  1. Subject to (a)(ix), the use of the Player's Attributes by WICB Major Sponsors shall be limited to one (1) advertising/promotion campaign per WICB Major Sponsor in any Contract Year. The number of Player Appearances for WICB Major Sponsors shall be limited to three (3) per WICB Major Sponsor in any Contract Year; and


  1. The use of the Player's Attributes by WICB Major Sponsors in promotions and advertisements using the full WICB team/squad of eleven (11) players shall be unlimited (provided that if such promotion/advertisement requires a Player Appearance the provisions of clause 5 shall apply); and


  1. The term for the use of the Player's Attributes by WICB Major Sponsors in promotions and advertisements shall be the term of the Player's contract with the WICB save that a run off period of a maximum of four (4) months shall apply in respect of any campaigns which are current at the time of the expiry of the Player's contract; and


  1. WICB acknowledges that the Player shall not be required to participate in WICB Major Sponsor promotions, if participation in such WICB Major Sponsor promotions would lead to a breach of that Player's pre-existing Player Endorsement Contract(s) as defined in 3 (f) below.


(c) The Player may refuse to consent to the proposed use of his Attributes as notified to him under paragraph (b) above on reasonable personal or reasonable professional grounds provided he notifies WICB in writing to that effect and stating his reasons within four (4) business days of receiving the notification from WICB. Subject to 2 (b) (vii), the parties agree that the Player's personal sponsorship or endorsement arrangements will not give rise to "reasonable professional grounds" for the purpose of this paragraph (c).

(d) If WICB disagrees with the basis upon which the Player has refused to consent to the use of his Attributes, the matter will be dealt with in accordance the procedure set out in Item 8.

3. Player Endorsement Contracts

  1. The WICB acknowledges that the Player has the sole and exclusive right and shall be free to enter into and promote his own individual commercial contracts granting image rights subject to the provisions of this clause 3.


  1. The Player agrees to submit to WICB prior to signing this Contract, information pertaining to (excluding financial terms) all his personal Player Endorsement Contracts that are already in existence as required in the attached Schedule Item 5.

  1. The Player agrees to submit to WICB, for prior written approval, information pertaining to (excluding financial terms) all proposed personal Player Endorsements Contracts which he wishes to enter into during the term of this Contract as required in the attached Schedule Item 6.


  1. WICB will process any approval request made in accordance with paragraph (c) above strictly in the following manner:


  1. Within two (2) business days of receipt of the Player's request, WICB will provide written notice to the Player acknowledging such receipt.


  1. If the Player has not received WICB's acknowledgment by that time, he will arrange for WIPA to contact WICB by telephone to ascertain whether or not WICB has received the request. If WICB advises WIPA that it has not received the request, WIPA will formally notify WICB of the request both verbally and in writing.


  1. Within five (5) business days of the later of receipt of WICB acknowledgment under (i) or the verbal notification from WIPA under (ii) as the case may be, WICB will notify the Player of its decision in relation to his request.


  1. If, the day before the expiry of the period calculated under sub-paragraph (iii) above, WICB has failed to advise the Player of its decision in relation to the request, the Player will telephone WICB to ascertain the status of the request. If WICB fails to notify the Player of its decision by 5.00 pm on the date calculated under sub-paragraph (iii), the request will be deemed approved.


(e) WICB acknowledges that approval for a request made under (c) above shall not be unreasonably withheld and that approval shall be granted unless any of the following circumstances exist:

  1. Subject to 3(f), where WICB reasonably believes that the Player Endorsement is likely to damage a WICB Major Sponsor or their goods and/or services (including by competing in the relevant category and geographical parameter) provided that:


A) where a WICB Major Sponsor operates in the category of Cricket Equipment, sports footwear or sports apparel WICB will not be entitled to withhold its approval to a request under 3 (c) solely by applying the provisions of this 3 (e) (i) to the extent such Player Endorsement agreement and promotional or advertising materials proposed to be used to promote the Player Endorsement relates to the specific promotion of Cricket Equipment (excluding helmets), sports footwear or sports apparel (and no other goods or services); or

B) where a WICB Major Sponsor is a media entity, including, but not limited to newspapers, magazines, broadcasters, narrowcasters, telecasters, publishers and webcasters there shall be no restriction on arrangements between the Player and a conflicting media entity pursuant to which the Player writes or co-writes an article, column or other commentary in any form of media or hosts a segment in any form of media (in each case, including, but not limited to, free to air or pay television, print (including a newspaper or magazine), radio or internet) save an arrangement that is designated as being sponsored by any other party (the "Other Party"), other than the media organisation, in which case the Player shall be deemed to have entered into a Player Endorsement with both that media organisation and the Other Party and will have to satisfy the criteria of a permitted Player Endorsement (as outlined in 3);

  1. where the proposed Player Endorsement involves the use (whether directly or indirectly and whether by the Player or anyone else) of WICB Intellectual Property (unless such use is approved by WICB). For the avoidance of doubt the Player shall be permitted to appear in white cricket clothing providing such clothing displays no WICB Team colours and no marks and/or logos of either WICB or any WICB Team or anything confusingly similar to WICB Intellectual Property, team colours, marks and or logos; or


  1. Subject to 3 (g) where at least two (2) other players who have playing contracts with WICB have valid Player Endorsements with the same proposed third party in the relevant category; or

  1. where the proposed agreement does not provide for the Player's Attributes to be used by WICB Major Sponsors in accordance with the provisions of clause 2 "Use of the Player's Attributes by WICB Major Sponsors"; or


  1. where the proposed agreement is with a person or organisation who or which is licensed by a relevant authority to accept bets on cricket matches.


(f) WICB acknowledges that the Player may have and shall be entitled to fulfil obligations under pre-existing Player Endorsement Contracts which:

(1) pre-date this Contract, and are set out in Item 5 of the Schedule and which were:

A) entered into whilst not contracted to WICB; or

B) entered into whilst the Player was contracted to WICB and either he did not require WICB approval under the terms of his previous contract or where approval was required, such approval was sought and granted by WICB;

and/or

(2) are entered into during the term of this Contract and are approved by WICB in accordance with Clause 3.

(g) WICB acknowledges that a Player Endorsement Contract which relates to the specific promotion of Cricket Equipment (excluding helmets), sports footwear or sports apparel (and no other goods or services) shall not be subject to the provisions of 3 (e) (iii).

(h) If the Player believes that WICB has acted unreasonably in refusing to approve a request made under paragraph (c) above (other than on the basis set out in paragraph (e) above), the Player may elect to have the matter dealt with as a dispute in accordance with the procedure set out in Item 8.

4. Use of the Player's Attributes in Memorabilia and Official Licensed Products

(This should be left to appear in the MOU rather than the Player Contracts)

5. Player Appearances and Signing Sessions

(a) The Player agrees to attend and participate in a maximum number of Player Appearances and autograph sessions for the WICB or WICB Major Sponsor(s) as follows:

(i) Not more than ten (10) Player Appearances per Contract Year which shall include not more than four (4) photographic/recording/filming sessions (such photographic/recording/filming sessions shall not include the taking of official WICB team photographs) unless the Player otherwise agrees; and

(ii) One (1) signing session of no more than 250 signatures per Series/Tour.

(b) No Player Appearance will be for longer than four (4) hours duration (excluding reasonable travel time save that travel involving a flight and an overnight stay shall be credited as a further Player Appearance) unless the Player otherwise agrees;

(c ) The Player will not be required to perform more than two (2) Player Appearances in any seven day period, nor more than four (4) Player Appearances in a single calendar month, unless the Player otherwise agrees;

(d) WICB will not require the Player to perform more than one (1) Player Appearance in a single day, unless the Player otherwise agrees;

(e) WICB will not require the Player to perform a Player Appearance that is scheduled to start less than 36 hours prior to a match, or at any stage during a match, unless the Player otherwise agrees.

(f) The WICB shall endeavour to give the Player at least ten (10) days' notice of an appearance/signing obligation and the Player shall confirm his availability within four (4) days of receipt of such notice.

(g) Should a player be requested to participate in a Player Appearance that is contrary to the provisions of 5 (a) (b)(c) or (d) the Player may:

i) refuse to participate in the proposed Player Appearance; or

ii) Negotiate with WICB a mutually acceptable fee/credit to participate in the Player Appearance.

6. Player Obligations

The player will during the term of this contract:

  1. not use the name or logo of any WICB Team or of WICB for any purpose unless he shall have received the prior written consent and approval of WICB.


  1. not engage in any activities which would be detrimental to or inconsistent with (a) the development of cricket in the West Indies or (b) the reputation, integrity or image of the WICB or any WICB Team.


  1. Subject to 3 (f) and 3 (e) (i), at all times while playing matches, training (whether during a pre-tour training camp or training sessions during tours), making a Player Appearance or otherwise representing WICB or a WICB Team in a pre or post match situation, not do anything which suggests that he is associated with nor associate himself with any products or services of any Competitor of any WICB Major Sponsor in the category and geographical parameter notified under Item 3 of the Schedule.


  1. not denigrate any WICB Major Sponsor or any WICB Major Sponsor product nor to behave in a manner which might reflect adversely on the name, image and reputation of such WICB Major Sponsor or WICB Major Sponsor product;


  1. The Player agrees to refrain, without the prior written consent of the WICB, from autographing any item which bears, shows or incorporates any Intellectual Property of the WICB where the Player knows or ought reasonably to suspect that that item will be sold or used for a commercial purpose. For the avoidance of doubt, this paragraph does not preclude the Player from autographing action photographs of himself or official replica or playing apparel prior to giving those items to fans or charities.


7. Consent to recordings.

(a) Subject to the provisions of 1 and 2 of this Contract the Player hereby consents to the making of recordings (visual, audio, or audio/visual and in or on any medium) of his performances and/or appearances during any WICB match. The Player further consents to the exploitation of such recordings by WICB throughout the world without limit of time by any and all means and in all media whether now known or hereinafter invented (including in and in connection with interactive computer games and software) but excluding any such exploitation in a manner which may reasonably be considered to constitute a personal endorsement by the Player of any product or service.

(b) Subject to the provisions of 1 and 2 of this Contract the Player hereby assigns, with full title guarantee, to WICB the entire copyright and all similar rights (including rental and lending rights and performer's rights) in the Player's performances and appearances at any WICB match to WICB absolutely throughout the world for the full extent of copyright and all renewals and extensions thereof (i.e. the Player's Attributes will be given equal exposure with at least two (2) other players who are or were contracted to WICB).

(c) The Player agrees upon request by WICB and without charge to execute all further documents and do any further acts as are necessary to give full effect to the content of this clause 1, in particular (but without limitation) the Player agrees to execute assignments and/or formal licences or waivers (as applicable) in favour of WICB as appropriate in furtherance of paragraphs (a) and (b) above.

(d) The Player agrees that WICB shall be entitled to assign and/or sub-license the rights set out in paragraph (a) and (b) above as appropriate.

Amended/New Definitions.

means the period commencing on (insert date) in one calendar year and concluding on (insert date) in the next calendar year during the Term.

  • Batting Pads;

  • Sunglasses;

  • Cricket Bats;

  • Batting/Wicket Keeping Gloves;

  • Thigh Guards;

  • Arm Guards;

  • Shin Guards (close in fielder); and

  • Other protective equipment used in a cricket match (other than helmets).


  1. attendance by the Player at any WICB official function or event (e.g. season launch, event promotion, etc.);


  1. attendance by the Player at any promotion, function or event hosted by or on behalf of or a WICB Major Sponsor;


  1. attendance by the Player at any place to promote WICB licensed products;

  1. attendance by the Player at any place for the specific purpose of filming, photographing or recording an advertisement or promotion.

-


means any arrangement between the Player and a third party where the Player or the Player's Attributes are publicly associated with the third party or the third party's goods or services and any arrangement between the Player and a media organisation pursuant to which the Player writes or co-writes an article, column or other commentary in any form of media or hosts a segment in any form of media (in each case, including, but not limited to, free to air or pay television, print (including a newspaper or magazine), radio or internet) that is designated as being sponsored by any party (the "Other Party") other than the media organisation, in which case the Player shall be deemed to have entered into a Player Endorsement with both that media organisation and the Other Party.

means the period referred to in Item 2 of the Schedule but shall be subject always to the provisions of 2 (b) (x) and 7 (a) and (b).

means any of the organisations listed in Item 3 of the Schedule, as amended from time to time, and as notified to the Player accordingly, which are sponsors of the WICB but provided that:

(i) The number of WICB Major Sponsors will not exceed the number 6 in any given contract year; and

(ii) The monetary value of a WICB Major Sponsorship shall be not less than US$500,000 per annum, (including the value of contra goods and/or services); and

(iii) The category, geographical parameters and duration of rights of the WICB Major Sponsor shall be clearly defined.

Item 3 - Notification of WICB Major Sponsors

SPONSOR NAME CATEGORY BRAND/PRODUCT SECTOR GEOGRAPHICAL PARAMETERS DURATION OF AGREEMENT

Players Pre-existing/Endorsement Agreements ""This form is to be used before the contract is signed to notify WICB of pre-existing Player Endorsement Agreements.


1. Player Name

2. Date

3. Company

4. Right to use players attributes

(please circle)



YES NO

5. Category and Brand

(please list the product or service and the specific brand(s) to be endorsed (example: cars, telecommunication services, bats)



6. Approval Date

(Date approved by the WICB, if any)


7. Term

(length of contracted period)


8. Expiry Date

Player's Endorsement Agreements ""this form is to be completed and submitted by the player during the contract to request WICB authority to enter into a new player Endorsement Agreement

Please complete and submit to WICB offices ( insert name of person who will handle applications and office address, fax and email)


1. Player Name

2. Date

3. Company

4. Right to use players attributes (please circle)

YES NO

5. Category and Brand

(product or service and brand(s) to be endorsed (example: cars, telecommunication services, bats, etc)


6. Proposed player promotional activities

7. Authority to use WICB Intellectual Property

8. Term

(length of contract period)


9. Expiry

WICB Response

Request for Endorsement Approval Approved/Declined

If declined, reason for refusal

Request to use WICB IP Approved/Declined

If declined, reason for refusal

Signed"?"?"?"?"?"?"?"?"?"?"?"?"?"?"?"?"?"?"? Date"?"?"?"?"?"?..

For WICB use

Item 7

WICB notification to Player of use of Player Attributes

This form needs to be completed and given to the Player to request his consent if any player attributes are to be utilized

Date submitted:

Organisation/Company:

(if WICB promotion please confirm)

WICB Contact Name:

Tel:

Fax:

Email:

Featured Player
Type of Promotion
Date of promotion/publication

( WICB to give 10 days notice unless Player agrees to short notice)

Type of attached material (eg. CD, DVD, email, hardcopy/Copy/Stills/Script)

(attach for the Players consideration)

Requesting use of Players Attributes alone

(please circle)


YES NO

Date Player to respond by

(4 business days from the date this form is received)


Item 8

Player Attributes dispute resolution

The Player must lodge a written report (either by pre-paid post or facsimile) setting out the nature of his grievance. He must address his report to the (insert name and address of person in WICB).

Within two days of a report being lodged under paragraph 1.1 the parties must meet and attempt to resolve the grievance. The Player may be accompanied at the meeting by a representative of his choosing.

If the parties fail to resolve the grievance within a further two days of their first meeting under paragraph 1.2 either party may seek to have the grievance determined by the Grievance Tribunal by giving notice to the other party to that effect in the prescribed form.

The Grievance Tribunal will comprise:

  • the ICC Code of Conduct Commissioner for the West Indies(or his nominee) as chairperson;

  • a nominee of WICB(not being an officer, member or employee of WICB or the WICB company); and

  • an independent person duly nominated by WIPA (not being an officer, member or employee of WIPA).

  • The Grievance Tribunal will hear (including by telephone and other forms of electronic and digital communications) and determine the Player's grievance in such manner as the chairman of the Grievance Tribunal sees fit having regard to all the circumstances, the need to expedite the matter and to the principles of natural justice.

    The Grievance Tribunal will have the following powers, which may be exercised in its discretion having regard to the interests of the parties and the circumstances of the case:

  • to authorise WICB to approve a request to use the Player's Attributes in the manner proposed; or

  • to direct WICB to reject the request for approval to use the Player Attributes in the manner contemplated.

    The Grievance Tribunal will notify its decision to the parties to the grievance in writing but it shall not be required to give reasons for its decision.

    Decisions of the Grievance Tribunal will be final and binding on the parties

    The parties will bear their own costs of participating in the processes contemplated in this Schedule and will otherwise act in good faith to each other in resolving the Player's grievance.

    Where the party invoking this dispute resolution process is WICB the written report under 1.1 must be lodged with WIPA. The words and expressions of all clauses shall then be amended and interpreted accordingly to reflect that the party raising the dispute is WICB.