Chapter 36

"Frankly, I can't sign this contract," Zhang Guan said solemnly.

Manager Wang and Lawyer Zhu exchanged a glance, both appearing very calm. From the moment Zhang Guan picked up the contract, they had been observing him. When he turned to the page with the remuneration and began to read it carefully, they could already read the answer from his expression. A business manager's ability to read people is naturally very sophisticated, and an experienced lawyer is even more so.

In stark contrast was Director Sun, who showed great surprise. He thought Zhang Guan should not only sign immediately but also show gratitude. His tone became more serious as he sternly asked, "Why won't you sign?"

Zhang Guan spread his hands and said, "First, I think the money is too little."

"Too little?" Director Sun didn't expect Zhang Guan to use such a direct excuse. He was slightly taken aback. The price was set by the association and Nike, and the association didn't consider Zhang Guan's personal demands at all. Director Sun said, "Thirty thousand a year, that's one and a half million over five years. Do you know how many people can't earn that much in their entire lives?"

"I just think thirty thousand doesn't reflect my value. I will run even faster in the future," Zhang Guan said.

At this point, Manager Wang spoke up, "Thirty thousand a year is the result of our company's strict cost estimation, and it is absolutely reasonable. Liu Fei, the 110-meter hurdler and Asian record holder, also receives thirty thousand a year for endorsements."

"Liu Fei's value is not just thirty thousand a year. Your offer is also too low," Zhang Guan said, turning to look at Director Sun. "I think if Liu Fei wins the championship at next year's Olympics, he would be worth at least three million in endorsements. The current contract of three hundred thousand is a significant loss."

At this time, the task given to Liu Fei by the athletics association was to make it to the Olympic final, without even considering a medal, let alone a gold medal. However, the athletics association didn't know that a European sports agency had offered Liu Fei a 1:5 odds to win the Olympic championship, second only to the American veteran Alan Johnson, making him the second favorite to win the 110-meter hurdles. Nike, through its channels, had obtained the odds set by the European agency and knew that signing Liu Fei for thirty thousand a year was a highly profitable deal. However, the athletics association clearly didn't have this information and still thought they were making a profit from Nike.

"Winning the Olympics is no easy feat!" Although Director Sun said this, he began to secretly calculate in his mind. If Liu Fei really won the championship, three million in endorsements would definitely not be enough; it would have to be at least four million. In this case, Nike's offer was indeed too low.

Human greed is boundless, which is why lottery sales keep increasing. Although Director Sun didn't think Liu Fei had the strength to win the Olympics, it didn't stop him from fantasizing.

Noticing Director Sun's brief change in demeanor, Manager Wang cleared his throat and quickly changed the subject. "Actually, this is just a preliminary contract. We can add other clauses, such as an additional cash reward if you win the 100-meter dash at the next Doha Asian Games, or a cash reward if you can guarantee your participation in the capital's Olympics in five years. These additional conditions can still be negotiated. Please believe that our company is very sincere with you."

"Thank you very much," Zhang Guan nodded politely and continued, "The reason I am unwilling to sign is not just about the money. There is another issue that I think you have all overlooked."

"What issue?" Manager Wang asked.

"I am only seventeen years old. According to the law, I am still a minor. If I sign this contract, it should be invalid. Therefore, you should sign with my parents," Zhang Guan said.

Upon hearing Zhang Guan's words, Lawyer Zhu, who had been silent, frowned. His focus had been on drafting the contract and securing the best interests for the company, but he had overlooked the fact that the signatory was a minor.

Although there were no specific laws regarding minors in endorsements at the time, Lawyer Zhu quickly thought about relevant legal principles. The athletics association might not care whether the signatory was a minor, but Nike had to, not because they were particularly law-abiding, but to avoid giving competitors a handle.

The sports industry is highly profitable, and competition among international sports companies is fierce. Any scandal could be seized upon by competitors and magnified, potentially costing millions to resolve. Signing a minor as an endorser could be spun by competitors as Nike employing child labor.

Manager Wang leaned in and whispered to Lawyer Zhu, "Is there a problem with this?"

"The 'Protection of Minors Law' stipulates that the right to the image, reputation, and honor of minors is protected. Without the written consent of the minor's guardian, no one can use the minor's image for profit. From this perspective, if Zhang Guan is to be an endorser, we need the consent of his guardians, his parents," Lawyer Zhu whispered back.

"Then he can't sign? Should we find his parents?" Manager Wang asked.

"The 'Civil Law' stipulates that anyone with full civil capacity can independently engage in civil activities and sign contracts that are legally protected," Lawyer Zhu continued.

"Full civil capacity? How old is that?" Manager Wang asked immediately.

"Citizens over eighteen years old have full civil capacity. Citizens between sixteen and eighteen who earn their primary living from their labor are also considered to have full civil capacity," Lawyer Zhu explained.

"How do we determine if someone earns their primary living from their labor?" Manager Wang seized on the key point.

Lawyer Zhu thought for a moment and sighed, "If it's normal employment, it's relatively easy to determine. However, in our country, it's difficult to define athletes. In Western countries, professional athletes are considered workers, but in our country, this concept is vague and hard to define."

Manager Wang felt a bit confused and asked, "What do you mean? Can you be more specific?"

Lawyer Zhu thought for a few seconds and said, "For example, football players in the Jia-A League sign contracts with clubs and receive salaries, which can be considered workers. However, for non-commercialized sports, active athletes are generally conscripted, without formal employment contracts. Their food, accommodation, and salaries are provided by the sports teams, and the salaries are given as living allowances. There is no clear non-labor income or benefits, and the athletes do not have clear labor output. Therefore, legally, these athletes do not form an employment relationship and cannot be considered workers, and thus cannot be defined as earning their primary living from labor."

Lawyer Zhu's words made Manager Wang fall silent. As the business manager of a well-known sports brand, he naturally understood the situation of domestic athletes. In non-commercialized sports, athletes are provided with food and accommodation by the sports teams and receive only a few hundred yuan in living allowances each month. Some athletes from poor regions or less popular sports do not even receive these allowances.

Famous athletes have the opportunity to enter government agencies or become coaches after retirement, but most athletes receive only a small severance package and have to find their own jobs. Athletes do not have social security or medical insurance, and most have low educational levels and no skills, leading to poverty after retirement.

Track and field is clearly not a commercialized sport, and Zhang Guan cannot be considered a worker. Moreover, Zhang Guan is a high school student with a formal academic record, and in no way can he be considered to have full civil capacity.

Manager Wang looked up and said to Director Sun, "It seems we need to visit Zhang Guan's parents."

"No problem. I live in the provincial capital. I'll call my father right now. Can he come over?" Zhang Guan immediately said, trying to appear very cooperative.

Zhang Guan made a call, and soon his father rushed over.

Director Sun handed the contract to Zhang's father, who quickly scanned it and said, "I can't sign this contract."

"Is it the amount you're unhappy with?" Director Sun asked immediately.

"Not that," Zhang's father picked up the contract and pointed to the duration clause, saying, "I think the duration is too long and inappropriate."

"What's inappropriate about it?" Director Sun asked, clearly dissatisfied with the father's complaint about the duration while the son complained about the amount.

Zhang's father said, "Zhang Guan will be eighteen next year. My wife and I have always believed that he should choose his own path after he turns eighteen. As parents, we want the best for our children, but we can't follow them for life. Children need to grow up and learn to be independent. So, if I sign this contract, I can only sign for one year. After he turns eighteen, I won't be involved in any decisions, whether to renew or not, it will be his choice."

Manager Wang and Lawyer Zhu frowned simultaneously. Signing long-term contracts with young, unknown athletes has always been a marketing strategy for large companies like Nike. This can be seen as an investment. Nike spends a large amount of money each year to sign hundreds of promising young athletes worldwide and give them long-term contracts. When these athletes become famous, it brings tens or even hundreds of times the advertising benefits to Nike.

However, if the contract is only for one year, this investment becomes meaningless. If the athlete refuses to renew or demands a much higher price after one year, it does not align with Nike's interests. Nike wants long-term investments in promising athletes, not short-term, uncertain ones.

But more importantly, Manager Wang and Lawyer Zhu saw that the father and son were deliberately finding excuses to avoid signing. Both were shrewd and quickly made a decision.

Lawyer Zhu turned to Director Sun and said, "We didn't consider Zhang Guan's age. He is still a minor, and our contract needs to be revised. I suggest we go back today and discuss it after we revise the contract."

Director Sun naturally understood that Lawyer Zhu's talk of revising the contract was just an excuse, and the Nike endorsement deal was likely to fall through.

Since Nike was the one paying, Director Sun couldn't argue, and this was not a decision he could make at his level. He said, "Alright, we respect your opinion. I will report this to my superiors."

...

Zhang's father smiled as he saw the three off and then turned to Zhang Guan, saying, "How was it? Did you cooperate well?"

"Not bad, just a little less than me," Zhang Guan joked.

"Our family isn't a millionaire, but we don't need their few hundred thousand," Zhang's father looked at Zhang Guan and continued, "But what I said just now is true. In the past, your mother and I wanted to cultivate you into a talented person. Now that you have grown up and broken the Asian record, you can be considered a success. You chose the path of an athlete, which may not be easy, and you may face more difficulties in the future. But no matter what happens, your mother and I will fully support you."

"Thank you, Dad!"

"I'll go now. By the way, your mother made braised pork tonight. Remember to come home for dinner..."

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