At the tennis court of the 2024 Paris Olympics, Zheng Qinwen made a strong debut with outstanding performance and became the focus of attention. Her success not only showcases the charm of sports competition, but also brings enormous commercial value.

On the brilliant career path of sports stars, commercial endorsements and legal risks often go hand in hand. Zheng Qinwen's brilliant achievements on the tennis court of the Paris Olympics opened the door to commercial cooperation for her, but at the same time placed her in a complex legal situation. From the clarification of contract terms to the definition of rights and obligations of both parties, from the agreement on breach of contract liability to the finalization of dispute resolution clauses, every link contains potential legal challenges. In terms of protecting the rights of name and portrait, there are also many risks and tests. Next, we will delve into these legal issues to safeguard the commercial path of sports stars.

1、 Contract Legal Issues in Commercial Endorsement Cooperation

With the rise of Zheng Qinwen's reputation, numerous business cooperation opportunities have emerged one after another. Signing endorsement contracts with sponsors, brand owners, etc. has become an important way for sports stars such as Zheng Qinwen to realize their commercial value. In this process, the author believes that there are some crucial issues in such commercial endorsement cooperation contracts that require special attention.

Firstly, all terms in the contract must be clear. The endorsement contract should specify in detail the scope of the endorsed product (or brand), the duration of the endorsement, the geographical scope of the endorsement, the remuneration and payment method for the endorsement, and other key contents. For example, it is necessary to clearly define which product lines of a specific brand are being endorsed, the specific way in which Zheng Qinwen's portrait or name is used, the time span of the endorsement activity, whether the endorsement is within China or worldwide, whether the remuneration is to be paid in a lump sum or in installments, and so on, in order to avoid unclear terms that may lead to disputes in the future.

Secondly, the definition of the rights and obligations of both parties is equally crucial. As a spokesperson, Zheng Qinwen has the obligation to fulfill his endorsement duties in accordance with the contract, such as attending promotional activities, cooperating with advertising shoots, etc; At the same time, she also has the right to request sponsors to provide good cooperation conditions and security guarantees. Sponsors and brand owners have the obligation to provide suitable endorsement conditions, pay remuneration on time, ensure the legality of advertising content, and ensure that the use of Zheng Qinwen's portrait or name complies with legal regulations and contractual agreements.

Once again, it is essential to establish contractual liability and dispute resolution clauses. What responsibility should one party bear if they violate the contract agreement? Should we pay liquidated damages, compensate for losses, or take other remedial measures? If a dispute cannot be resolved through negotiation between the two parties, should it be submitted to a court for litigation or arbitration? Which court or arbitration institution shall have jurisdiction over it? Clarifying the liability for breach of contract and dispute resolution clauses can provide a basis for both parties to resolve disputes and reduce the cost of dispute resolution.

Finally, it should be emphasized that it is recommended to include a "moral clause" in the advertising endorsement contract. For example, if the spokesperson violates national laws and regulations or is exposed by the news media for bad behavior during the contract period, causing serious negative impact on the brand or its products, the brand has the right to unilaterally terminate the contract, and the spokesperson should bear corresponding breach of contract liability. Correspondingly, it is also recommended to include "reverse ethical clauses" in advertising endorsement contracts. For example, if any product or service under the brand is exposed by the news media for serious quality problems, violations of national laws and regulations, or bad behavior that causes serious negative effects, the spokesperson has the right to unilaterally terminate the contract, and the brand should also bear corresponding breach of contract responsibilities.

2、 The Protection of Name and Portrait Rights

The success of sports stars such as Zheng Qinwen has given them high commercial value in terms of their name and portrait rights, but they may also face great risks of infringement.

Article 1012 of the Civil Code of the People's Republic of China stipulates that natural persons have the right to their names and have the right to decide, use, change or permit others to use their names in accordance with the law, but they shall not violate public order and good customs. The right to one's name is the right of natural persons to control and protect their own name, and no one is allowed to use or impersonate Zheng Qinwen's name for illegal activities. However, some unscrupulous merchants may use the banner recommended by Zheng Qinwen to sell counterfeit and inferior products, which not only violates her name rights, misleads and causes losses to consumers, but also may bring her a series of adverse effects.

Article 1018 of the Civil Code of the People's Republic of China stipulates that natural persons have the right to their portrait and have the right to lawfully make, use, disclose or permit others to use their own portrait. Portrait is an external image of a specific natural person that can be recognized through imaging, sculpture, painting, and other means on a certain carrier. The right of portrait is the right of natural persons to control and protect their own portraits. Without the consent of Zheng Qinwen, no unit or individual may use her portrait for commercial activities without authorization. However, some businesses may use Zheng Qinwen's photos for unauthorized advertising of their products or brands in pursuit of commercial interests, which undoubtedly constitutes an infringement of her portrait rights.

In order to prevent the occurrence of the above situation and effectively safeguard the legitimate rights and interests of sports stars such as Zheng Qinwen regarding their name and portrait rights, it is recommended to take measures from the following aspects.

Firstly, it is necessary to enhance awareness of the protection of name and portrait rights, understand the rights one possesses and the potential risks of infringement. You can participate in relevant training and learning to improve your self-protection ability.

Secondly, establish a dedicated management team or collaborate with professional lawyers to develop comprehensive rights protection strategies. They can help monitor whether there is infringement in the market, and once infringement is discovered, take timely legal measures to protect rights.

Furthermore, when signing contracts with business partners, it is important to specify the protection clauses for name and portrait rights. Specify the specific scope, methods, and deadlines for the other party to use their own portrait rights, name rights, and other rights, as well as the liability for breach of contract.

In short, the popularity of sports stars such as Zheng Qinwen has brought both opportunities and challenges. While pursuing athletic achievements and commercial value, they should also attach great importance to the prevention of legal risks, clarify legal issues in contracts and commercial cooperation, as well as the protection of name and portrait rights, to ensure that their legitimate rights and interests are fully protected and lay a solid legal foundation for their career and business development.