Milewska Legal
Law of contracts

Sponsorship agreement – is it regulated by law?

Author Agnieszka Bodzek

A sponsorship agreement is a contract that is not directly regulated by Polish law. In practice – a sponsorship agreement defines the terms of cooperation between the sponsor (an entity that decides to support the sponsored person’s activity in exchange for the promotion of its brand) and the sponsored person. It is worth learning about the distinguishing features of a sponsorship agreement and the situations in which it will be beneficial to conclude one.

 

What does a sponsorship agreement consist of?

The primary purpose of a sponsorship agreement is:

  • for the sponsor: to promote his brand and increase brand recognition, using the “reach” or recognition of the sponsored in a given industry
  • for the sponsored: to receive some material value – not necessarily payment, but, for example, to obtain a product promoted with the sponsor’s brand (cosmetic, car, sports equipment, trip).

The actions of both entities (sponsor and sponsored) are intended to benefit both parties – the sponsor is expected to gain promotion or increase recognition of its brand through the involvement and reach of the sponsored, and the sponsored is expected to receive a material benefit (though not necessarily monetary).

Sponsorship agreements are very often used in the activities of influencers, or more broadly, public figures. These agreements are also often used in the sports or cultural industry. On the other hand, there is no obstacle to this agreement being used in other industries, such as service. One can imagine an agreement between a hair salon and a supplier of hair cosmetics of a certain brand: the salon (sponsored) undertakes to use cosmetics of this brand exclusively and to display them appropriately to the salon’s clients (so as to increase brand recognition and awareness and encourage the purchase of cosmetics). In return – the cosmetics distributor (sponsor) on its website indicates this hair salon as recommended by it, or once a year funds a weekend trip for the salon’s employees.

 

Sponsor – who is it?

According to common practice, a sponsor is most often an entrepreneur, i.e. a person who conducts business. However, there are no regulations limiting the circle of subjects. Thus, a sponsor can also be an ordinary individual, not running a business, or a non-governmental organization (such as a foundation or association).

The primary duties of a sponsor include providing adequate support for the sponsored party’s activities. It is mainly expressed by making both material benefits (e.g., providing cash, funding equipment/travel/equipment) and non-material benefits (e.g., support in promotion, transfer of know-how) to the sponsor.

Another important aspect is the sponsor’s duty of loyalty to the sponsored party. It consists, for example, in refraining from funding similar ventures at the same time. The inclusion of such a provision in the contract, however, depends on the will of the parties.

Another important aspect is the sponsor’s duty of loyalty to the sponsored party. It consists, for example, in refraining from funding similar ventures at the same time. The inclusion of such a provision in the contract, however, depends on the will of the parties.

Daria Milewska

Attorney

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