Stalemate: WICB Insists on Clause 5

A marathon 14-hour negotiation session between the West Indies Cricket Board (WICB) and the players' association has ended in a stalemate with the board refusing to budge on the controversial Clause 5 in the match and tour contract for the upcoming triangular one-day tournament in Australia.

The WICB said the issue boiled down to a "fundamental difference" over the issue of players' individual endorsement deals and how they clash with the board's major sponsors. The board is also sticking to the original 10-day deadline for players to accept the terms of the deal on the table.

The WICB said "a number of players had signed and returned the invitation letters" but it did not elaborate. Queries sent to the board by CaribbeanCricket.com were not acknowledged.

WIPA acknowledged that a few players, under pressure from their home boards, had signed the invitations but said that the bulk of the team had not -- and will not -- sign unless the offending clause is removed.

If the WICB sticks to its guns and picks replacement players, the issue is certain to head to litigation.

During Thursday's negotiations, the WICB and WIPA went through the contract clause-by-clause with the players' association spelling out its objections to several terms in the contract. WIPA won agreement from the board to amend six clauses in the contract but there was no budging on Clause 5 which forbids the players from having individual endorsements that conflict with the team sponsor.

The stalemate immediately affects four key players in the 25-man squad -- captain Brian Lara, his deputy Ramnaresh Sarwan, opener Chris Gayle and all-rounder Dwayne Bravo -- who all have endorsements deals with Cable & Wireless that predates the contract on the table.

The West Indies team will be sponsored by rival Digicel at the one-day tournament and the WICB is demanding the players cough up those individual deals -- for free -- as a requirement for selection.

During the negotiations, WIPA representatives made it clear that all players (including Lara, Sarwan, Gayle and Bravo) would fulfill their obligations to Digicel, including wearing team uniforms and other apparel with the Digicel logo.

WIPA's lawyers insist there must be a "clear distinction" between the players? individual/private rights and the team rights. The association's stance is that Clause 5 gives the WICB and Digicel complete control over the players, whether they are participating in team events or not.

However, The WICB refused to make that concession. "[Clause 5 includes] standard provisions which are generally consistent with those existing in contracts of a similar nature involving sporting governing bodies, their major sponsors and players. These are necessary to ensure that the entire game of cricket in the region is not put at risk," the board said.

The controversial section of Clause 5 reads:

(a) The player acknowledges that the WICB has the sole and exclusive right to permit any person to represent that they, or their goods or services, have the sponsorship or approval of, or are in any way endorsed with the WICB or any WICB team.

(b) Without limiting clause 5.2, the Player agrees that at all times whilst representing the WICB (including whilst playing, training, attending official functions, attending media conferences and being present at a match venue) he will not do anything that constitutes a Player Endorsement in relation to a competitor of a WICB Major Sponsor unless he has a preexisting agreement with such a competitor that has been approved in writing by the WICB under this Contract or the Player's previous player contract with the WICB or the Player's agreement with such a competitor pre-dates any contract he has had with the WICB.

(c) The Player agrees that the WICB may permit the WICB Major Sponsors to use the Player's Attributes in promotional and advertising activities permitted by the WICB, provided that:

(1) the Player's Attributes will be given equal exposure with at least three (3) other players who are contracted by the WICB; and

(2) the WICB must give the Player at least three (3) days' notice of an intention to use the Player's Attributes in promotional and advertising activities.