A reputation is built slowly,
and contracted quickly.
Contracts and compliance for performers, athletes, agencies and brands, covering appearance and endorsement terms, player agreements, sponsorship and anti-doping.
Talent, Sport & Endorsements
A name is an asset long before anybody treats it as one.
Areas of practice include endorsement and appearance terms, player and agency mandates, sponsorship inventories, the consents that govern use of a face or a voice, and unauthorised use of name, image and likeness.
A digital likeness needs its own consent rather than a line buried inside a general grant. Image rights in team sport are commonly allocated between player, team and league by the applicable league regulations.
Anti-doping questions are often raised after a sample has been given. Under the anti-doping rules given effect by the National Anti-Doping Act, 2022, an athlete is responsible for what is found in their sample irrespective of intent, and a supplement bought over a counter rarely helps.
Talent contracts are short documents carrying long exposure. What is sold is availability, association and reputation, none of it returnable once the arrangement goes wrong, and the value of the deal usually sits in terms that look secondary: the categories reserved, the approvals retained, what survives termination, and how quickly either side can walk away.
An appearance agreement should be precise about what is captured and what may be done with it afterwards. Scope of services, dates and hours, overages, travel and security, and the conditions under which an appearance can be moved make up the operational half. The rights half lasts longer: which media the captured material may be used in, for how long, in which territories, and whether it may be used to promote anything beyond the specific project.
A performer’s consent to the incorporation of a performance in a film should be in writing. Use of a digital likeness or a recreated voice needs its own consent alongside it.
India has no dedicated statute for personality or publicity rights, and the position rests substantially on case law rather than legislation. Protection is assembled from several sources: passing off, where use of a name or likeness falsely suggests endorsement; trade mark registrations a performer or athlete may hold over a name, a signature or a catchphrase; the right to privacy; and contract. Some High Court decisions, largely at the interim stage, have restrained unauthorised commercial use of a recognisable identity, particularly where an association is implied that does not exist, and the position continues to develop. The position on rights after death is not uniform, so we prefer contractual protection wherever it can be secured.
Endorsement is regulated at the level of the endorser as well as the advertiser. The Consumer Protection Act, 2019 brings endorsements within the framework for misleading advertising, and the guidelines issued by the Central Consumer Protection Authority on misleading advertisements and endorsements expect an endorser to have a basis for claims made and require material connections between endorser and brand to be disclosed clearly and prominently, in a manner a viewer cannot easily miss and in the language of the communication. Self-regulatory guidance from the advertising industry runs alongside it. Regulated categories carry further restrictions, including the limits on advertising remedies under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. A material connection is not confined to a fee. Free product, travel, hospitality, discounts, equity and family relationships all fall inside it, and an endorser who has never been paid in cash can still be caught by the rule without realising. The disclosure is also expected in the post itself rather than parked in a profile description.
These obligations are commonly carried into the contract rather than left to the individual, through an express disclosure covenant with approval rights over how the disclosure appears, and a warranty from the brand that the claims it asks the endorser to repeat are substantiated.
Morality clauses are negotiated in the abstract and invoked in a crisis, which is why the trigger language repays attention. A clause allowing termination on the brand’s subjective satisfaction is very different from one requiring conduct that has actually brought the brand into disrepute. The middle ground is often the workable position: suspension of campaign activity pending resolution, with termination only on a defined event. The consequential terms matter as much. Whether fees already paid are repayable, whether unpaid instalments survive, how quickly material must be taken down, and how long residual use of shot material continues, since a campaign already delivered to a broadcaster or a hoarding contractor does not stop on the day a notice is served. Reciprocal clauses allowing exit where the brand’s own conduct causes reputational damage are sometimes negotiated. A morality clause may or may not reach conduct predating the agreement but surfacing during it.
Exclusivity is defined by category in some agreements and by named competitors in others. A category list survives a rebrand. A competitor list does not.
Player agreements sit between employment and services, and the characterisation affects tax, benefits and termination. Standard playing contracts issued by a league or franchise are usually amendable only at the margins, so the negotiation runs to the schedules: remuneration structure and bonuses, image rights and how they are split between player, team and league, availability for national duty, medical and injury provisions, and release or transfer terms. Restrictive covenants are constrained by Section 27 of the Indian Contract Act, 1872, under which an agreement restraining a person from exercising a lawful profession, trade or business is void to that extent, subject to the exception for the sale of goodwill; obligations of exclusivity during the term are treated differently from restrictions after it. Under the Specific Relief Act, 1963 a contract of personal service is not specifically enforced, so a party seeking to protect exclusivity ordinarily applies for an injunction restraining performance elsewhere, although such relief is discretionary and has been refused in some cases. Where a player is contracted both to a franchise and to a national body, the two sets of obligations have to be read together, and release terms are where they collide.
Agency mandates are governed by the law of agency in the Indian Contract Act, 1872 and by whatever registration the relevant governing body requires. Scope, exclusivity, conflicts, and how long commission runs on deals concluded before termination are the terms that get argued.
Sponsorship is the sale of a defined inventory, and disputes come from what was assumed rather than listed. Use of national emblems and names is restricted under the Emblems and Names (Prevention of Improper Use) Act, 1950, and broadcast arrangements for events of national importance are affected by the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007.
The National Anti-Doping Act, 2022 placed India’s anti-doping framework on a statutory footing, providing for the national anti-doping organisation, a board, and disciplinary and appeal panels. The features an athlete actually feels are practical: responsibility for what is in the body regardless of intent, whereabouts obligations for athletes in the registered testing pool, therapeutic use exemptions which should ordinarily be applied for in advance, the risk carried by supplements, and provisional suspension pending a hearing.
Governing body discipline runs on a parallel track to the courts, and how an athlete engages at that first internal stage tends to shape everything after it.
The statutes that apply
- National Anti-Doping Act, 2022
- Statutory anti-doping framework, results management and the disciplinary and appeal panels.
- Consumer Protection Act, 2019
- Misleading advertisement and endorsement liability, and the authority’s powers over endorsers.
- Indian Contract Act, 1872
- Agency relationships, capacity, and Section 27 on agreements in restraint of trade.
- Specific Relief Act, 1963
- Personal service contracts are not specifically enforced; exclusivity is protected by injunction.
- Trade Marks Act, 1999
- Registration of names and signatures, merchandising licences and passing off.
- Emblems and Names (Prevention of Improper Use) Act, 1950
- Restrictions on commercial use of specified names and emblems.
What we do
- Appearance & performance agreements
- Endorsement and influencer contracts
- Image, personality & likeness rights
- Morality, suspension & exit terms
- Player contracts & agency mandates
- Sponsorship, licensing & merchandising
- Anti-doping advice and disciplinary representation
- Governing body process and eligibility disputes
Common questions
Guidelines issued by the Central Consumer Protection Authority require any material connection between an endorser and a brand to be disclosed clearly and prominently, in a form the audience will actually notice and in the language of the post. A material connection is not limited to cash. Free products, travel, discounts and family or employment relationships all count. Responsibility attaches to the endorser as well as the advertiser, and an endorser is expected to have some basis for claims repeated in the content rather than relying on the brand’s assurance alone.
It depends entirely on how the morality clause is drafted. A clause drafted by reference to the brand’s own view of reputational harm is capable of being invoked on an allegation alone; one requiring conviction or admitted conduct is not. An objective trigger, or a suspension mechanism with fees continuing, is one way the clause is negotiated, alongside terms on instalments already earned and how long material stays in circulation after termination. Whether the clause reaches conduct predating the agreement but emerging during it depends on its wording.
There is no statute dedicated to them, and the position rests substantially on case law. Relief has been granted in some cases, generally at the interim stage, against unauthorised commercial use of a recognisable name, image, likeness or voice, generally built on passing off, trade mark rights, privacy and contract rather than on a standalone right. The doctrine is still developing and the position on rights after death is unsettled, so we prefer to secure protection contractually where possible and to treat litigation as a fallback rather than the primary safeguard.
Generally yes. The framework operates on the principle that an athlete is responsible for what is found in their sample regardless of intent, with the degree of fault going to the length of sanction rather than to liability itself. Contaminated supplements are a common source of exposure and rarely excuse the finding outright. Preventive measures include checking substances against the prohibited list, applying for a therapeutic use exemption in advance, and keeping records of what was taken.
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