Stašaitis & Partners insights in the field of Sport and Leisure Law.

Stašaitis & Partners insights in the field of Sport and Leisure Law.

In our practice we have noticed, that there are cases where basketball clubs do not discuss significant issues when signing up sports contracts with professional players. For example, if, after signing up a contract, a player does not play in a match due to the health problems that arose prior to the contract, should the sports club perform a contract, or could it terminate the contract, or maybe should stop it? What rights should have a club and a player in this case?

Taking into account our legal practice in this area, and also in the light of established case-law, we recall that the legal relationship of professional sports is governed by the principle of freedom of contract, which is inherent in civil law rather than legal labor relations. Although the sports activity contract is classified as a service contract, not all of the provision of services provided by law may be applicable to players, unless otherwise provided by the contract. Therefore, before signing up a sports contract, we recommend that you consider all relevant aspects and discuss them in detail in the terms of the contract.