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MediaWrites

By the Media, Entertainment & Sport group of Bird & Bird

| 4 minute read

Sport sponsorship deals: cash or skin in the game?

The Federer-On Running partnership is a reference point for a wider trend in sports marketing: athletes are increasingly looking beyond traditional endorsement fee deals and towards structures that give them an ownership interest in the long‑term brand value they help create. The appeal is clear - equity can outlast an athlete’s competitive years and, where the business succeeds, deliver returns that far exceed any fixed‑fee sponsorship arrangement.

For brands, the takeaway is not that equity should replace sponsorship wholesale, but that it can be a powerful tool where the athlete is genuinely capable of shifting the company’s trajectory. In practice, the real difference between partnerships that generate headlines and those that produce sustained value lies more in how the deal is structured than in the percentage of equity granted on day one.

 

The sponsorship fee model

 

Traditional sponsorship deals remain market standard because they are straightforward. A brand pays a fixed fee (often with performance bonuses) in exchange for a package of rights relating to name, image and likeness, category exclusivity, product usage, appearances, and content deliverables. The exchange is clear, measurable, and easily categorised as a marketing expense.

For brands, the advantages are familiar:

  • Fixed fees are predictable and easier to justify internally.
  • Deliverables can be tracked and non‑compliance handled through standard contractual remedies.
  • The athlete does not join the shareholder base, avoiding cap-table complexity.

However, this model also has limitations that have become more noticeable, particularly for high-growth consumer brands:

  • Once the fee is paid, nearly all economic upside from brand acceleration sits with the company.
  • The structure tends to promote short-term, campaign‑driven engagement rather than deeper advocacy.
  • Consumers are increasingly adept at spotting what is authentic and what is merely transactional.
  • Reputational exposure can linger long after the contract ends.

 

The equity model

 

Equity-based sponsorship reframes the relationship entirely. Instead of paying solely for exposure, the company offers ownership, aligning the interests of athlete and brand over the long term. When structured well, this can create dynamics that fixed‑fee deals cannot replicate:

  • The athlete’s upside scales with the company’s growth.
  • Ownership tends to promote genuine, long‑term involvement.
  • The partnership often appears more credible to consumers and investors alike.

High‑profile examples illustrate the point. Federer’s reported stake in On Running - which listed on the NYSE in 2021 - is widely regarded as one of the most successful athlete‑equity partnerships to date, while LeBron James’s equity interest in Beats Electronics is understood to have generated returns well above conventional endorsement fees following Apple's acquisition of the business in 2014.

However, equity introduces its own complexities, especially for venture‑backed companies or those anticipating future fundraising:

  • Equity may take years to monetise (if at all).
  • Future financing rounds, liquidation preferences and dilution can materially affect the value of ordinary shares.
  • Existing shareholder agreements may restrict issuances or require consents.
  • Ownership deepens the relationship - crises can escalate faster and unwind more slowly.

Equity can therefore be a powerful tool, but only if treated as a corporate-finance and governance decision, rather than just a creative marketing idea.

 

The hybrid model

 

A number of deals now adopt a hybrid structure: a combination of cash, equity and defined ambassador obligations. This allows the parties to separate two distinct components:

  1. Payment for near‑term services (cash for deliverables); and
  2. Long‑term alignment (equity linked to performance and participation).

These models tend to reduce friction. If the relationship changes or ends early, service‑level issues can be resolved without the complications that accompany the forfeiture or valuation of illiquid equity.

For athletes, a hybrid structure can solve a recurrent concern that accepting equity in lieu of cash forces them to subsidise the company’s marketing budget. By blending the two, the risk remains balanced.

 

Key legal provisions

 

Equity arrangements typically involve three core agreements: (1) a sponsorship agreement; (2) an investment agreement; and (3) a shareholders’ agreement. 

The commercial reality of the partnership is often determined by how the relationship withstands pressure, whether due to injury, retirement, non‑performance, financing events, adverse publicity or an exit.

Below is a summary of the main negotiation issues and typical tensions.

 

  1. Sponsorship Agreements

 

IssueWhat we meanPro-athlete positionPro-company position
ConductWhat athlete behaviour triggers remedies and how reputational issues are managed
  • Narrow conduct triggers
  • Proportional consequences
  • Fair and defined process before enforcement
  • Broad discretion to pause/terminate quickly
  • Coordinated crisis-management rights 
Performance obligationsWhat promotional services the athlete must deliver and how compliance is assessed
  • Measurable deliverables
  • Cure periods
  • No discretionary forfeiture of equity/fees for underperformance
  • Detailed, auditable deliverables
  • Suspension rights
  • Cross-default between services and equity terms
IPWho owns created content and how name/likeness can be used
  • Limited use of name/likeness
  • Strict term and territory
  • Broad licence for campaign materials
  • Post-termination usage rights

 

  1. Investment Agreements

 

IssueWhat we meanPro-athlete positionPro-company position
InstrumentThe type of equity the athlete receives (shares, options, etc.)
  • Clear ownership terms
  • Visibility over full share structure
Avoid structures that complicate future financings or shareholder dynamics
DilutionHow the athlete’s % holding can change in future financing rounds
  • Pro-rata participation rights
  • Limited anti-dilution
  • Ability to issue new shares without restriction
  • No anti-dilution
VestingWhen the athlete becomes the owner of the equity
  • Faster vesting
  • Acceleration of equity on defined events (e.g. injury/retirement/termination without cause)
  • Vesting tied to ongoing services
  • Minimal acceleration

 

  1. Shareholders' Agreement

 

IssueWhat we meanPro-athlete positionPro-company position
Leaver provisionsWhat happens on exit/termination of the partnership
  • Broad good-leaver treatment
  • Ability to retain vested shares
Narrow good-leaver definitions
BuybacksTerms on which the company can buy back the athlete’s equityBuyback only for serious breach and at fair market value
  • Wide buyback rights

    Formula-based pricing

Information rightsWhat company information the athlete receives and how confidentiality is handled
  • Enough reporting to understand value and monitor investment
  • Clear confidentiality provisions
  • Limited reporting to reduce administrative burden
  • Tight confidentiality provisions
Transfer restrictionsWhen and how equity can be sold or transferred
  • Ability to participate in secondaries and exits
  • Reasonable lock-ups
  • Some permitted transfers
  • Permitted transfers only
  • Rights of first refusal
Exit rightsRights on a sale of the company
  • Tag-along rights
  • Drag-along only above a defined valuation floor
Broad drag-along rights

 

Conclusion

 

Equity‑based sponsorships represent a more strategic and longer‑term approach to athlete partnerships. For brands, equity can be a capital‑efficient way of securing sustained advocacy and authenticity. But the upside only materialises if the legal and commercial framework is robust enough to withstand fundraising rounds, reputational challenges and liquidity events.

A practical approach is to reserve equity for athletes who can meaningfully influence sales, legitimacy or community traction, while distinguishing clearly between short‑term service fees and long‑term investment risk. That, in turn, requires early alignment among investors and the board, supported by carefully drafted agreement provisions.

 

The information given in this document concerning technical legal or professional subject matter is for guidance only and does not constitute legal or professional advice. Always consult a suitably qualified lawyer on any specific legal problem or matter.

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united kingdom, media entertainment and sport, london, insights