Whoever assesses a sports contract reads two rulebooks at once. The first is state law: professional athletes in employment are subject to the employment provisions of the Code of Obligations (Art. 319 et seq.), with mandatory protections that no federation rule can override. The second is the private regulatory system of the federations, from national leagues to FIFA, UEFA or World Athletics, governing licences, eligibility, transfer windows and sanctions.
This coexistence is the fascination and the risk of sports law. A contract can be flawless under the CO and still fail on a registration window. A termination can be permissible under employment law and still carry a playing ban under federation rules. Whoever checks only one level checks half.
Three friction points recur. First, fixed terms: sports employment contracts typically end without notice; early exits are possible only under the narrow rules on good cause or against compensation. Second, unilateral extension options in favour of the club: federation bodies and arbitral tribunals recognise them only under strict conditions, such as adequate consideration and timely exercise. Third, timing: the finest contract is useless if registration is meant to happen outside the transfer window.
A Swiss speciality is the proximity to international sports arbitration. Many disputes go not to state courts but through federation bodies to the Court of Arbitration for Sport in Lausanne. That has consequences for deadlines, costs, language and strategy, and it should be considered at the drafting stage, notably in choice-of-law and arbitration clauses.
For agents, finally, the FIFA Football Agent Regulations have reordered the framework: licensing, remuneration principles, rules on multiple representation. Agency agreements that ignore these requirements risk their enforceability within the federation system.
The practical conclusion: sports contracts deserve the same care as any corporate transaction, plus knowledge of the federation level. Our checklist of review points before signing provides the first structure; in transfers, options and disputes we accompany athletes, clubs and agencies personally.
