They might not like it, but all athletes will sign the Team Members' Agreement

[divingbrit]

Just before the Sydney Olympic Games the 1500m freestyle world record holder Kieren Perkins took legal action to protect his personal data.

At a time when copyright of performances and personal data was high on the political agenda, Perkins' lawyers even canvassed the idea of protecting his results, with the absurd notion that Australian Swimming and even the world body FINA may not publish his name and times without permission, and presumably accompanied by payment.

That court case disappeared after a while, but it is against that historical backdrop of increasing athletes' rights and commercialisation of sport that the British Olympic Association has had to issue a 34-page legal document called the Team Members' Agreement.

Some of the clauses are familiar to those who may have been on Olympic teams in Athens or Beijing, and the idea of legal contracts for Olympic athletes is one that has been globally adopted for decades.

The BOA is not alone. But it is alone in being the host national Olympic Committee for the London Olympics and facing increased pressures and demands from 10 Downing Street down to the thousands of ex-Olympians who expect free seats.

It is also hamstrung by the poor financial deal executed before the 2005 Olympic vote which gave all of the marketing rights to the London organising committee. It will cost the BOA £13 million to prepare and support Team GB for the Games.

With this in mind it is not surprising that the BOA is seeking to exploit the few commercial properties it has access to – the athletes in Team GB being the main one. It is also why the sponsors are so keenly protected and why the team is encouraged to be accessible to the media.

But the BOA has been bold to extend their legal opportunities to the extreme, including a raft of "surviving provisions" which remain in force indefinitely, well beyond the rest of the document which expires three days after the closing ceremony. Some of the clauses seem petty and precious.

Sign this agreement and athletes are forever banned from commenting or behaving in any way which may prove "damaging, humiliating or defamatory to the Team, a Team Member, the BOA, a National Governing Body, the British delegation or any other team or competitor".

They will be forever prevented from selling items in the official team kit – sponsored by adidas and Next – and if any are given to charity, it must not be to enhance political parties.

They won't be able to express an opinion on sponsors involved in controversy. If they do, they face financial penalties.

But the athletes have no choice. They have to sign the agreement to compete in the Olympic Games. Most athletes won't care. They see the agreement as a piece of paper to sign and may not even read it.

Others will be annoyed that their "athlete attributes" such as a nickname or signature or results can be promoted by Locog – and their sponsors – as long as those sponsors don't imply the athletes' endorsement.

Buried in the document is a clause the says athletes may not carry or wear a chip or any other electronic device which sends physiological data or other information to a third party. Perkins and the rest of the 560 Team GB athletes might not feel so exposed with such a clause included, but it's a small consolation.

In the end they all sign.

Telegraph.co.uk (blog)