An independent contractor lawyer is a person who specialises in the understanding and implementation of independent contractor law. This is of benefit to all business owners, including any size of enterprise from sole traders to corporations, not-for-profit entities, sporting clubs, community organisations, and charity groups. An entity such as a football fan club should have someone with experience in possessing skills in whether a contract is truly independent, or a disguised form of employment, and if there is potential issues with any written agreement.
For members of sporting fan clubs like the Brisbane Manchester United Supporters Club (BMUSC) the potential for disputes can spring up everywhere. Not only could it be on the operational side with service providers, but also on the membership or fanbase side. For instance with some supporters’ groups, often it is not unknown for dedicated supporters’ clubs to require membership fees or charges on certain purchases, which then begs the question of whether that fits into being an independent contractor or a service provider. Such discussion requires expertise in the legalities of contractor relationships.
In the instance of sporting clubs, it is usual for the lawyer specializing in contractor agreements to draft agreements for a number of purposes. For instance, many sporting organisations will regularly have fundraisers or social events that charged admission or a set fee for participants, which bring in money for the club. They could even have a game streaming service, and likely have agreements with other football teams they support and play against (these being the suppliers) so there is usually a need for contracts.
There can be an array of roles where consultations are required, which can include written contracts with: It is very possible for a football fan club to have to pay for the costs of hiring or setting up an event. For instance, there may be equipment or venue hire needed. If it is hosting a fundraiser, tickets may be required to be organised for sale to the general public. There could also be issues such as: Unfortunately, it can sometimes be that the need for assistance from a lawyer will become more important. These circumstances have occurred in the past: It is also possible that the independent contractor lawyer may be required for more administrative reasons. For instance, it may be that payments due to the club from a supplier haven’t been met. The issue also could be some service that they have received from a supplier had an extra charge with the terms and conditions not having been clarified.
Many football fans or supporters’ clubs do not need to concern themselves with the intricacies of independent contractor law. However, there may be some circumstances where they definitely will. These awarenesses and undertakings are nothing against being a passionate supporter of a football team, in this instance Manchester United. It should not interrupt the lives of anyone who loves watching football to be aware of situations where they might get caught in some litigation or dispute that they cannot resolve.
For instance, it could be a situation where a former service provider to the Australian-based Manchester United Supporters’, which is an independent not-for-profit, sues for unpaid bills, or makes false allegations of intellectual property infringement, against another contractor. The problem could also come from a false assertion of copyright.
The Brisbane Manchester United Supporters’ Club (BMUSC) had an example of needing an independent contractor lawyer for their HMAS Oxley event, which was the club’s charity endeavour held in January 2017. They were to be raising money for the RSPCA Queensland and hosted a private showing of the movie “Journey of a Little Blue Penguin” from the Australian Marine Wildlife Collection. They also tied it in with an afternoon tea fundraiser with money raised being put towards the food and consumables for supporters who attended, and the remaining portion to go to the RSPCA Queensland.
Unfortunately, because they were actually a supporting charitable trust, not a company, they found themselves having to close and file being deregistered late in the lead-up. This meant that because the club was no longer an entity, they suddenly could not hire out the venue of their preference, the HMAS Oxley, which was a tour boat of the Queensland Maritime Museum.
It was only thanks to news reports that I even realised that the Brisbane Manchester United Supporters Club had encountered such a problem. As apparently the HMAS Oxley is one of the most popular attractions of the museum and there are only a few additional boats, including the submarine, it is likely difficult to book. So it is best to check for contractual relationships of the museum.
HMAS Oxley does indeed still operate at the Queensland Maritime Museum as they were featured on the many news articles detailing the efforts that the club undertook. It is also a matter that parties like the museum should advise if something happens to a client’s booking, such as you not being able to go to celebrate a special occasion and then be demanded to pay more money for a new booking. It would not be a nice experience to be put in a position where your customers are asked to pay more than what was agreed previously, and if it is considered a commercial benefit or service where terms and conditions were not provided, recommended or signed, it can be argued that it is merely a fee for service which no or little additional payments should be incurred.
A club’s independent contractor lawyer should ideally sit down and discuss the history of the charity event, as well as what purchases have been made. Such guidance can ensure that there will not be any litigation afterwards, or disclosure that it is an illegal trust. The consequences of failing to meet one of the requirements of charitable law can be severe – for more information, I suggest reading about the suspension of a Brisbane Football Club being compelled to repay the money that was raised for cancer research. I have also recommended that a football fan association further checks with a lawyer on the way they have been set up as a not-for-profit, including consulting with them in potentially transitioning to a legal entity.
It can be helpful if the lawyer talking to the women’s team have some experience with the local women’s leagues and the procedures that they have had in place. It can also be good if a solicitor can meet them during one of the games and note any issues the team may have, such as if they have been charged a fee to enter a competition.
If you want someone who is an independent contractor lawyer, look at the process that they have for hiring- which is also something you want when you go about getting the best volunteers and players for your football club. Ask them about their track record of football clubs and sporting organisations. Tell them upfront that you want them with a passion for football charities and not just whether they went to their local team’s games each week.
If you have a lawyer who knows the law governing independent contractors, and football fans as well as being the kind of person who attends every home game, this is going to be useful for your football club. Not only will they have any ideas on how to make your fan club better, or tips for getting better exposure, but if the fan club has a legal issue, it is a good way to integrate them into the team.
You will not know your fans for whom they are outside of football in the same way that you will have a different level of relationship with clients requiring advice on independent contractor law. Once you get an independent contractor lawyer to help you, you will realise that the biggest satisfaction for them is hearing someone appreciating your football team and the welfare of its members.
Football fans, if you have a members’ club or a fundraising necessity, the biggest reason that you should have a good independent contractor lawyer is staying out of court! If there has been a misunderstanding or a dispute, you won’t end up in a position like the Brisbane Football Club encountering a demand for repayment. You also could be required to go through a disciplinary procedure if a player has taken a salary in violation of the rules.
Lawyers understand how to reduce the possibility of a courtroom argument, as well as get to the bottom of issues or find a way to fix disagreements between parties. This is why it is useful to get someone not involved in any fight to assist you going forward. A football team should study and understand how to keep themselves from unnecessary costs and claims.