Releases & Waivers

What Every Athlete Needs to Know Before Signing

An Opinion Paper

By Peter Carlisle

Athletes preparing to qualify for the Olympic and Paralympic Games will soon be asked to sign a series of releases and waivers—before competitions, media events, and promotional appearances.

Most assume these documents are harmless. Many trust that their National Governing Body (NGB) or the United States Olympic & Paralympic Committee (USOPC) have reviewed them with athlete interests in mind. After all, protecting athletes is a core mission of these organizations.

But in reality, neither the Team USA Athletes’ Commission (including your sport’s athlete representative) nor the Athlete Ombudsman typically sees these documents before they’re presented to athletes. Unless you have independent representation, you may have no way of knowing whether the terms are fair—or how signing them could affect your rights.

Whether it’s a stand-alone “Media Release” or a clause buried deep in your National Team Agreement or the mandatory Games Forms required by the IOC and IPC, here’s what every athlete should consider before signing.

What Rights Are You Actually Granting?

Releases commonly used in the Olympic and Paralympic ecosystem often require you to waive legal claims and grant the organization permission to use your publicity rights—your name, likeness, image, and voice—for certain purposes. If the release includes language such as “and partners, sublicensees, and assignees,” be aware that your grant of rights may extend to entities far beyond the one named in the agreement. Knowing who may use your rights is essential to understanding your ability to retain control over them.

You should also pay close attention to the scope of the usage rights. Are you permitting the organization to use your image in a competition broadcast? A promotional campaign? Commercial advertising? Will the rights expire after the Games, or do they extend in perpetuity (forever)? Perpetual, irrevocable usage can significantly affect your long-term commercial opportunities.

What Access Are You Granting—and Where?

For releases related to photography, filming, or other media production, pay attention to what access you are granting. Are you agreeing to be filmed at a specific event, or allowing general access without limits on time or location?

Once footage is captured, rights often extend to everything recorded—even casual interactions or behind-the-scenes content. If you grant broad rights without boundaries, you may have no say in how your likeness is used—or how a scene is edited to portray you.

How Might This Affect Your Marketability?

If the usage rights extend to commercial promotions, it’s important to know what companies, products, or services may be involved. Many releases include language stating your image won’t be used in a way that “implies an endorsement,” but such terms can be vague or inconsistently interpreted.

You should consider how potential associations might affect your current or future sponsors. If you are filmed holding or using a product and that content is publicly distributed, it could create the impression of an endorsement—even if none was intended. This may undermine exclusivity, which sponsors typically require, and reduce your appeal to both the featured brand and competing brands in the same category.

If your rights have been granted too broadly, companies may be reluctant to sponsor you. Few brands are willing to invest if there’s a risk that your image may be associated with other, unaffiliated companies in the future.

Is the Exposure Worth the Tradeoff?

Carefully consider the value of participating in the event or activity requiring the release. Most releases state that you will not receive compensation, so the benefit is usually limited to visibility and exposure. That may be valuable—especially in an Olympic year—but remember: your ability to convert exposure into commercial opportunity depends on the rights you retain.

If you’ve already granted others broad or perpetual rights, your ability to offer sponsors exclusive usage is compromised, making your image and brand less valuable in the marketplace.

Are Your Legal Rights at Risk?

Most releases include a waiver of legal claims related to the use of your publicity rights. This means that even if you later feel your rights were used inappropriately—or your image was edited in a misleading way—you may have no recourse.

Some agreements also require you to assume all risk of injury or property damage associated with a shoot, event, or activity. Make sure the activity is one you are comfortable accepting those risks for—especially if there are no injury protections in place.

Does the Release Comply with Athlete Protections?

Not all releases are optional. Some are tied to team selection, Games participation, or national team status. But even mandatory forms—like the IOC or IPC Games Forms—must still comply with athlete protection policies.

Key documents that protect athletes’ rights include:

  • The Olympic Charter
  • The Ted Stevens Olympic and Amateur Sports Act
  • USOPC Bylaws
  • The IPC Handbook
  • The USOC Policy on NGB Athlete Agreements (July 14, 2017)

If you’re unsure whether a release complies, ask the organization—or consult the Athlete Ombudsman.

Before You Sign, Ask These Questions:

  • Has the USOPC or your sport’s Athletes’ Commission representative reviewed this document?
  • Does it comply with applicable athlete protections?
  • Are all athletes being presented with the same version?
  • Can I review this with the Athlete Ombudsman or an attorney before signing?

The Bottom Line

Olympic and Paralympic stakeholders play a vital role in elevating athletes and promoting the Games. But to convert exposure into commercial opportunity, athletes must actively protect their individual marketing rights.

Take the time to understand what you’re signing. Visibility through content creation or promotional activities may be valuable—but only if you retain control over how your image is used, and by whom. If in doubt, ask questions. Reach out to the Athlete Ombudsman or your Athletes’ Commission representative.

Your image is your brand. Protect it like it matters—because it does. 


Comments

Leave a comment