POWER IMBALANCES AND FAIRNESS IN STANDARD FORM CONTRACTS: A CRITICAL ANALYSIS OF PROFESSIONAL SPORTS AGREEMENTS

This research paper critically examines standard form contracts in professional sports, analyzing their structural inequities and impact on athlete rights. The study reveals how these standardized agreements create power imbalances that systematically disadvantage athletes, particularly rookies, women, and those in developing markets. Through legal analysis and comparative case studies, the paper identifies three key issues: restrictive compensation structures limiting earning potential, gender disparities in contract terms, and invasive clauses governing personal data and conduct. The research compares contractual systems across North America, Europe, and emerging markets, highlighting varying approaches to athlete protections.

The analysis explores landmark legal cases that have reshaped contract norms and examines emerging challenges from digital technologies and globalization. Findings demonstrate critical gaps in current frameworks, particularly regarding data privacy, mobility restrictions, and pandemic-related contingencies. The study proposes practical reforms, including modular contract designs, enhanced collective bargaining, and regulatory safeguards to balance efficiency with fairness. Concluding with a forward-looking model, the research emphasizes transparent negotiations, equitable risk distribution, and career sustainability.