There’s no such thing as a “standard” release

Why Athletes Must Understand Every Document They Sign

An Opinion Paper

By Peter Carlisle

With all the media, promotional, and competitive events in the run-up to the Paris Games, Olympic and Paralympic hopefuls will have to sign numerous Release & Waiver agreements. While most events will have a single document, there are exceptions. Occasionally, additional parties are added to a shoot or event, or a party needs rights that the general Release & Waiver does not secure, in which case you may be asked to sign multiple documents. For example, at the USOPC-NBC content capture at Universal Studios, you will have to sign a separate Release Form to participate in filming/interview with Olympic Broadcast Services (OBS)/Olympic Channel (OCS). 

It is important for you to have a reasonable opportunity to review and understand each document you sign. Ideally, you will have had the opportunity (and ample time) to review these types of documents before arriving on-site, but that does not always happen, and when it doesn’t, I typically advise clients not to sign on-site. Instead, they should take the document, review it afterward, and follow up with questions or a signed copy.  While the person presenting the release may find it inconvenient to have to follow up after the shoot to retrieve the signed version, under such circumstances, it may be the only fair and reasonable option. 

Unfortunately, you cannot assume that legal documents, such as Release & Waiver forms, have been reviewed with your interests in mind. In my experience, it is often the case that neither your Team USA Athletes’ Commission representative nor the Athlete Ombudsman have seen these types of documents before you are asked to sign them, which puts you in the unfair position of being expected to sign a document without understanding its terms or its potential impact on your legal and commercial rights. 

The lead-up to the Games is a confusing time, since many events and activities relate to Team USA, which can create a false sense that the USOPC is acting in your best interests. But until you are officially named to the Olympic or Paralympic Team, the USOPC’s role is fundamentally different. Thus, athletes—especially those without representation—must remain vigilant, ask questions, and become as informed as possible. Much of the previous guidance shared in Releases & Waivers also applies to the OBS-OCS release, but there are a few additional elements you may want to consider when deciding whether to participate in that particular session.

WHO WILL HAVE RIGHTS TO USE THE CONTENT?

By signing the Release, you relinquish rights to OBS, OCS, the IOC, and media rights holders around the world. These rights may also be extended to other third parties they authorize.

WHAT RIGHTS WILL THEY HAVE TO USE THE CONTENT?

You will be assigning all rights you may have in the content captured during the filming, including your publicity rights (name, likeness, image, voice, and information relating to you). You are authorizing them to use the rights (and content) worldwide, in perpetuity (forever), in any content produced by, or for, OBS or OCS, and to commercially distribute and/or exploit such content to the public, including commercial platforms, broadcasters, and social media, and to do so even if the content includes advertising, content sponsorship, or brand-funded content.

The Release does provide that they will not produce content that constitutes a personal commercial endorsement of a particular product or service without your consent; as comforting as this may sound, it is important to understand that as a practical matter this qualification only offers limited protection. It is not always clear what constitutes an endorsement—especially across so many different geographical markets and legal jurisdictions. For example, a TV spot promoting the broadcast of the Games that features a profile of an athlete sandwiched between “Brought to you by X company” graphics may not be considered by some to be an “endorsement,” but if it suggests to the viewing public that you have an association with that company, it is likely to impact your commercial prospects. Even the potential for confusion in the marketplace can scare potential sponsors away, and because the OBS Release conveys rights to Games rights holders worldwide, monitoring usage so you are able to provide assurances of exclusivity that most potential sponsors will require is unrealistic, especially when the rights extend in perpetuity.

They will also have the right to edit or adapt the content however they may choose, and you will have no entitlement to review or approve anything they use. 

HOW ARE MY LEGAL RIGHTS AFFECTED?

In the Release, you agree you will not make any claim or demand against OBS, OCS, the IOC, etc. relating to the use of the content (specifically, including defamation, invasion of privacy or publicity, and copyright infringement). Any remaining legal options are effectively unavailable—or at least highly impractical—since the Release is governed by the laws of Spain, and any dispute arising out of it must be settled by arbitration in Madrid. If you do have a legal issue, enforcing your rights would likely be time-consuming, expensive, and impractical.   

The Release also provides that OBS, OCS, or the IOC may share whatever personal data they may have of you with their affiliates, business partners, and service providers – some of which may be based in countries with relatively weak privacy protections. It is worth considering what personal data these organizations may have that they could share, since it is possible some data may have been acquired through other forms or sources. 

TIPS TO CONSIDER BEFORE SIGNING THE OBS/OCS RELEASE:

• Confirm whether the USOPC or Team USA Athletes’ Commission has reviewed the form.
• Ask whether you can participate in the shoot without signing on-site, so you are able to take some time to review and understand it. If you get their contact info, you can follow up later with any questions and also provide them with a signed document.
• Consult the USOPC Ombudsman to better understand the legal implications of the document—and ask whether they’ll cover legal fees for advice on Spanish law.   
• Request confirmation that the document complies with the Olympic Charter and other governing documents. 
• Confirm whether the same form is being used across all athletes.
• Keep a copy of every document you sign, along with the date and any correspondence related to it.
  

On a more positive note, the run-up to the Games is a unique opportunity for athletes, personally, athletically, and professionally—and it should also be fun. The exposure generated through media and promotional opportunities, such as the Universal Shoot, can be significant, meaningful, and valuable, and many of our clients have attended over the years. Nonetheless, it is important to understand these documents and to remember that exposure leads to commercial opportunity for individual athletes only if they retain sufficient control and exclusivity over rights for which a sponsor needs to pay to use. Remember the adage: If an athlete appears everywhere, but nobody has to pay them for usage rights, will they make any money? It’s not just about money—it’s about preserving the value of the rights you’ve worked so hard to establish. Understanding what you’re releasing and waiving, and thinking through the long-term implications, will help you make informed decisions about which promotional activities are right for you.