Drawing a parallel between speedway and professional football is perhaps a less than perfect comparison when it comes to renumeration. The latter contains multiple examples of lucrative, often eye-watering contracts, which dominate the sports pages. As an example, in January 2018 Mesut Özil signed a three year contract with Arsenal worth around £55.9 million, including an annual average salary of £13.975 million – equating to £350,000 per week.
However, these agreements are based on a simple comparable – the contract. Present in both sports, the legal framework is identical even if the value of adhering to it is lightyears apart. A contract is based on three simple principles: offer and acceptance, consideration (money), and an intention to create legally binding relations.
Terms and conditions create, among other things, exit routes and bonuses, although it would be fair to say that football contracts usually last at least a season or two before other clubs may consider poaching the player in question. As a Notts County fan I can only hope that our jewel in the crown and goal scoring machine, Macaulay Langstaff – who is still under contract – lines up for us again in August. Conversely, speedway has a more fluid asset relocation programme where after only a handful of matches a rider can find themselves riding for an opposing team; a recent example being Nicolai Klindt’s departure from the Oxford Spires and his almost immediate berth at Kings Lynn Stars. To better understand how this process is facilitated within our own sport I turned to Scott Nicholls – who has signed on the dotted line for over 30 clubs in his illustrious career – for the lowdown.
Before delving further, I should add that being the holder of a qualifying law degree, I’ve always considered myself to be a bit of an anorak when it comes to creating legal promises!
I was curious to discover if there is a typical speedway contract. “There is a standard version logged with the BSPA, but I doubt many have ever read it properly!” Scott did concede that it is perhaps difficult to cover every eventuality and it’s better than many domestic warranties that often have a glut of terms and conditions attached to them.
Spoiler alert: not reading a contract and latterly contesting it will not attract any favour from the courts if a dispute ensues, although the law does offer many safeguards – for example, invalidating a contract if onerous terms within it aren’t explicit. Comprehending a contract should also adhere to the principles of statutory interpretation, with the literal rule ensuring that the words used should be read and understood as they appear in the dictionary. Any skullduggery will simply make the agreement unenforceable.
Turning to matters of financial protection, I asked Scott what security they provide when clubs appear to have the power to redeclare the team during the season. With a noticeable intake of breath he replied, “Little!” However, he did acknowledge that they are performance related. If clearly outlined in the contract, such measurable outcomes become bona fide terms and conditions. Given that a speedway rider’s net worth to a team’s overall success is average- based, the bias towards consistency is, perhaps, understandable, albeit harsh if a rider suffers a blip in form.
Scott added a dollop of pragmatism: “I would always advocate taking it on the chin and moving on.” When pushed on the opportunity to negotiate individual deals, Scott welcomed the contemporary business landscape that’s more transparent, where fair deals are usually reached with the minimum of negotiation since there is an established standard points rate, plus travel monies alongside the all-important racing insurance. “Some negotiation can conclude in getting help with, for example, van rental.”
And what about speedway agents – do they exist? Scott is not aware of any in the United Kingdom, although he knows of at least two in Poland. “Some riders have managers who facilitate the contractual dealings, but most riders do it themselves.” At the commencement of his career the watchful eye of his parents helped, and he believes that this is still the case with many younger racers.
I was keen to understand how remuneration is usually calculated: for every point, or start, or is there a flat fee? Scott stated that the most commonplace agreements are wholly points related – the need to mark up a score is crucial. The only exceptions tend to be reserved for the lower-order riders who may struggle to score consistently. As Scott explained, “Without a retainer some junior riders wouldn’t earn a penny!” Flat rates are rare, albeit these types of contractual relationships are forbidden in the championship.
When quizzed on the best contractual arrangement there was a bittersweet reflection for Scott who recalled his 2009 contract with Wroclaw in the Polish Extraleague. “On paper it was great, but I had my worst year ever!” Similarly, back home, his 2011 agreement with Swindon was stellar but he never reaped the benefits due to an annus horribilis at Blunsdon.
And the worst? Following a momentary ponder, Scott smiled, “All the rest!” Although he qualified this observation by reflecting upon his early career when money wasn’t necessarily the most motivating factor. “I remember in the early days at Ipswich when the new season offer was an increase of three pounds a point. Given the rate of inflation at the time and the uplift in other racing costs maybe if I’d not been so naive I could have held out for more.”
My legal background introduced me to many curious contract cases, none more so then the 1919 case of Balfour v Balfour which essentially makes domestic agreements between family members unenforceable, allowing me to renege on paying my kids to carry out errands! Has Scott had any odd clauses?
He explained that his Polish agreements would inevitably dictate that he appeared trackside at a certain time in the appropriate team clothing and was prohibited from making any negative comments about the club in the media. Standard UK contracts have a similar requirement to refrain from bringing the sport into disrepute and turning up to each meeting with two race prepared machines.
Perhaps the most peculiar term related to one season at Poole when media savvy Matt Ford announced a “no sex the night before a meeting” clause, only applicable to the late Lee Richardson and Scotty. The Sun newspaper ran the headline, although from a legal perspective this was unenforceable as it would clearly offend the test of the “intention to create legally binding relations.” How Matt Ford intended to enforce this clause is also open to conjecture!
Exploring if contracts adequately cover bouts of injury, Scott was forthright: “No! You have to be out for a minimum of two weeks before you can claim any support via the racing insurance.” He was quick to praise the local track collections that are often necessary to bridge this financial hit.
One oddity that puzzled me was that it appears that clubs can retain a rider’s registration even though they had left some years ago. Scott was equally bewildered, pointing out that he’d signed for Ipswich as a sixteen-year-old and was contractually bound to his home club until he became an asset of Coventry Bees in 2005. But maybe this is a conundrum that needs to be explained by the sport’s governing body. Following on from this point, I wondered what improvements he’d recommend.
Scott’s rallying cry was for better rider protection for when teams become bankrupt, citing the bitter end to his curtailed season at Rye House in 2018. To this day he is owed money by the former Rye House promotion.
Bringing all things contractual to a close, I asked if Scott had anything else to say. He immediately quipped, “Being paid more would be nice!”
© Ian Kirke 2024
@ianjkirke
Title photograph: 1973 – Wally Mawdsley signs Ivan Mauger for the Exeter Falcons (reproduced by kind permission of the John Somerville collection)