JAPAN Law and Practice Contributed by: Atsushi Igarashi, Yoichiro Kuriyama, Misa Takahashi and Kosuke Ojio, TMI Associates
Additionally, to protect broadcasting rights, sponsor - ship rights and other commercial interests, organisers often enter into participation agreements with athletes and coaches, setting out the terms and conditions governing their involvement in the event. Organisers also establish rules and regulations gov - erning participant conduct and impose terms and conditions on tickets sold to spectators. These terms typically prohibit unauthorised filming, recording or commercial use of event footage in order to safeguard the organisers’ broadcasting, sponsorship and other commercial rights. Furthermore, amendments to the Act for Eliminating Discrimination Against Persons with Disabilities took effect on 1 April 2024, making the provision of reason - able accommodation for persons with disabilities a legal obligation. As a result, sports event organisers are now required to provide reasonable accommoda - tion upon request from a person with a disability. 3.2 Duty of Care and Liability Sports event organisers are required to consider the safety of both participants and spectators when plan - ning and conducting sporting events. Although Japa - nese law does not explicitly impose a statutory duty to ensure safety, judicial precedents recognise that “parties who have entered into a special social con - tract relationship based on a certain legal relationship are obliged, under principles of good faith and mutual trust, to protect each other’s lives and personal safety from dangers associated with that relationship as sup - plementary duties.” To prevent violence and disorder, sports event organ - isers generally establish rules for athletes, coaches, and spectators, and implement appropriate security measures. In practice, organisers often work closely with police and private security companies to maintain order and ensure safety at event venues. If an athlete or spectator violates the applicable rules, disciplinary measures may be imposed by the relevant sports gov - erning bodies or the event organisers themselves. Depending on the location and nature of the sporting event, organisers and related parties – including spon - sors – may be subject to various laws and regulations.
These may include the Urban Park Act, the Road Traf - fic Act, the Outdoor Advertisement Act and relevant local ordinances, the Anti‑Nuisance Ordinance, the Fire Service Act, and the Food Sanitation Act. Event organisers may also include clauses in their contracts with participants and spectators that seek to limit their liability. However, under the Consumer Contract Act, any provisions in terms and conditions that attempt to exempt organisers from responsibility to provide compensation to spectators are generally considered invalid. Professional sports clubs generally operate as joint- stock companies. Sports organisations that are not professional sports clubs may adopt a variety of legal forms, including joint-stock companies, incorporated associations, incorporated foundations, specified non-profit organisations (NPOs), or voluntary organi - sations. In many cases, national sports federations in Japan operate as incorporated associations or incor - porated foundations. There are various reasons for choosing corporate sta - tus or a particular entity type, including tax considera - tions. For example, organisations typically choose the joint-stock company structure when their activities are carried out for profit. In contrast, organisations usu - ally opt for an incorporated association or founda - tion when their activities are not conducted for profit. Some incorporated associations and incorporated foundations may obtain “Public Interest Corporation Certification”, which provides certain tax advantages, such as income tax exemptions. 4.2 Corporate Governance Codes In 2019, the Japan Sports Agency developed two sports governance codes: one for national federa - tions and another for general sports organisations. In 2020, the Japan Sport Association (JSPO), the Japa - nese Olympic Committee (JOC), and the Japanese Para-Sports Association (JPSA) began evaluating their own compliance with the governance code for national federations. As of the end of 2024, second- 4. Corporate Structures 4.1 Legal Forms of Sporting Bodies
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