1 Wed 19 Aug 2020 3:00pm (GMT +8) mwka.com/talks Speaker - - PowerPoint PPT Presentation

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How to Make a Pact in the Arena

• f Sports

MWKA ONLINE TALKS

Speaker LESLEY LIM Partner Moderator TOMMY WONG Associate

Wed 19 Aug 2020 3:00pm (GMT +8) mwka.com/talks

How to Make a Pact in the Arena

• f Sports

MWKA ONLINE TALKS

Speaker LESLEY LIM Partner Moderator TOMMY WONG Associate

Wed 19 Aug 2020 3:00pm (GMT +8) mwka.com/talks

About Us

• Welcome to MahWengKwai & Associates!
• Trusted by small medium enterprises (SMEs),

family businesses and individuals.

• Established in 1985 by Dato’ Mah Weng Kwai,

now a consultant with the firm.

• Medium-sized law firm with 23 lawyers and 18 staff.

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Our Services

• Full-service law firm with 4 Departments:

○ Corporate ○ Dispute Resolution ○ Employment ○ Individuals & Families

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Our Practice Groups

• 5 Practice Groups:

○ ASEAN-China Desk ○ Construction ○ Foreign Direct Investment ○ Real Estate ○ Sports & eSports

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MWKA Online Talks

• To share knowledge, raise awareness, encourage networking
• For clients, potential clients, in-house counsel
• Recent MWKA Online Talk:

○ 17.08.2020 : Gazettes of PENJANA Initiative: P.U(A) 216/2020, 217/2020 & 218/2020

• Upcoming MWKA Online Talk:

○ 26.08.2020: Understanding Performance Bonds

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Lesley Lim

• Partner of the Media, Entertainment & Sports team as well as Technology

& Esports.

• Bachelor of Laws from University of Tasmania, Australia.
• Admitted to the Malaysian Bar in 2011.
• Over and above her practice and experience in general civil litigation

matters and drafting of corporate and commercial agreements, Lesley has a strong interest in developing the area of Sports Law in Malaysia as she believes that the ever growing interaction between sports and the law gives rise to the need for a special and greater understanding of the sports industry and those related to it.

• Nominated for the “Woman Lawyer of the Year (Law Firm)” category at

the 2020 Asian Legal Business (ALB) Malaysia Law Awards.

• Key team member of the Sports Law Practice Group at MWKA which won

the “Sports Law Firm of the Year Award” 2018 and 2019 ALB Malaysia Law Awards.

• Captained the first national women’s dragon boat team to the 2018 Asian

Games and the 2019 SEA Games.

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Ask Questions on Slido

Please scan this QR Code to access Q&A and poling platform for this talk. Post the questions that you would like to ask. Upvote/Like the questions you like. Most liked / popular questions will be discussed and answered by the speaker(s) during the Q&A session.

Or visit https://www.sli.do and enter #26017

Talk Points

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Highlighting elements of an Agreement Classifying types of sports contracts Recognizing unique clauses Safeguarding your transactions

Highlighting Elements of an Agreement

• Intention to Create Legal Relations
• Offer
• Acceptance
• Consideration
• Capacity to Contract - legal competence (sound

mind, age of majority, not disqualified from contracting by any law)

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Highlighting Elements of an Agreement

• Contracts Act 1950
• May overlap with other

areas of law (eg: Intellectual Property)

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Classifying Types of Sports Contracts

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Professional Services Contract / Employment Contract Sponsorship / Endorsement Contract Appearance Contract Naming Rights Agreement

Professional Services Contract / Employment Contract

• Contract between athletes and National Sports

Associations / state team / private club or team

• Compensation / salary / remuneration for work

rendered

• Protection under labour laws?
• Regulate the athlete’s ‘working’ conditions - safe

training place

• Mechanism to sports adjudication - breach of

contract

• But sports contracts differ from regular employment

contracts

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Forbes’ Highest Paid Athletes in the World 2020

* from forbes.com

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Forbes’ Highest Paid Athletes in the World 2020

* from forbes.com

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Earnings (pre-tax) Endorsements Salary + Winnings $ 106.3 m $ 100 m $ 6.3 m $ 105 m $ 45 m $ 60 m $ 104 m $ 32 m $ 72 m $ 88.2 m $ 60 m $ 28.2 m $ 62.3 m $ 60 m $ 2.3 m

Forbes’ Highest Paid Athletes in the World 2020

* from forbes.com

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Classifying Types of Sports Contracts

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Professional Services Contract / Employment Contract Sponsorship / Endorsement Contract Appearance Contract Naming Rights Agreement

Appearance Contract

• Appearance / Celebration
• Speaking engagement / Share their story
• Breakfast / Lunch / Dinner
• Attend a match together
• Corporate outing
• Video message
• Virtual Hangout

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Naming Rights Agreement

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Recognizing Unique Clauses

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Contracts for Amateurs / Professional Athletes Exclusivity Clause Morality Clause “Love of the Game”

Morality Clauses

• Any conduct that may adversely affect the image or

integrity of the Association / Club / sponsor

• Adherence to Code of Conduct / company’s corporate

image

• Have regard to public convention and morals - Athlete

agreed to conduct himself / herself with due regard to public convention and morals and agrees that he/she will not do / say anything tending to degrade him/her in society

• r bring him/her into public hatred, contempt, scorn or

ridicule or tending to shock, insult or offend the community

• r outrage public morals or decency, or tending to the

prejudice of the association / club / sponsor

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Morality Clauses

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“Love of the Game”

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Safeguarding Your Transaction

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Looking at parties involved Defining underlying purpose Indicating length / duration Bridging unwarranted disputes

Safeguarding Your Transaction

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Safeguarding Your Transaction

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Looking at parties involved Defining underlying purpose Indicating length / duration Bridging unwarranted disputes

Conclusion

Entering into a legal pact is a commitment between parties. Ensure that the salient terms are in place before a new engagement or you might end up making promises you can’t keep!

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Questions?

Ask Questions on Slido

Please scan this QR Code to access Q&A and poling platform for this talk. Post the questions that you would like to ask. Upvote/Like the questions you like. Most liked / popular questions will be discussed and answered by the speaker(s) during the Q&A session.

Or visit https://www.sli.do and enter #26017

Upcoming Talks

Date Topic Speakers 26 August 2020 (Wednesday) Understanding Performance Bonds Christine Toh & Wong Sue Ann

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Thank you!

Notice: This presentation does not constitute legal advice and its contents should not be relied upon as such. The facts and circumstances of each and every case will differ and therefore will require specific legal advice. Feel free to contact us for complimentary legal consultation.

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