Binding students: Validity of Athlete Contracts
- DORA
- Mar 20, 2021
- 2 min read
Over the years, young athletes have increasingly sought opportunities to professionalize their sports talents, while learning institutions have increasingly sought young talented students to play for them. These sports engagements are usually in the form of sponsorship for the student’s fees in exchange of commitment by the student to play for the specific institution to the exclusion of other institutions for a specific period of time. It is important that young pro athletes have contracts with these institutions for purposes of protecting their interests. These contracts outline the student’s rights and obligations vis-à-vis the institution’s rights and obligations.
As such, student athletes should have a complete awareness and understanding of the legal implications of their respective contracts. It is important to note that anyone who is legally considered to be a student who is below eighteen years old (and is referred to as a minor), cannot ordinarily enter into a contract. Such contracts are void, and, therefore, unenforceable in law, since the law considers that the minor lacks the capacity to make rational decisions on their own behalf.
The only time a contract involving a minor may be legally valid is where the contract is for purposes of providing necessities for the minor such as food, clothing and shelter. Also, a contract is valid where it is for the benefit of the minor. This means that a court will only find that a contract is valid where the student receives or has received a benefit as a result of the contract. Therefore, if the court finds that a team, sponsor or institution has taken advantage of the minor, then the contract will be void and, therefore, unenforceable. It is therefore important that student athletes, as well as their parents or guardians, fully understand the specific terms of the contract and their implications.
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