Expert: Melanie Ley - 2/29/2008

Question
QUESTION: My son Spencer ask and got a great answer from you regarding an actor playing a boxer on film an getting paid.
You said that would not effect his amateur status.
He is 16 years old an has been training at our family gym since he was born. Someone wants to do a documentary over a period of years "the making of a champion" as he grows up and shows his training and matches from amateur to his first pro fight. Does this effect his amateur status? If he gets paid for it as an actor in it does that effect him?
Spencer is not and will not get paid to fight ever as an amateur.
Pat

ANSWER: Yes, it will effect him.  Most people that follow boxers in their career do so without paying the athlete.  They could probably help out with travel and related expenses - but you can walk a fine line with this.

---------- FOLLOW-UP ----------

QUESTION: If any payment is differed until he turns pro does that work with USA BOXING?

Answer
The current rules are below.  Lots of reading.  For further clarification, you can ask USA Boxing.  

A boxer member may not accept as a gift, directly or indirectly, from a manufacturer, distributor or its representative for use in training or competition equipment, apparatus, implements or apparel, unless such gift was received with the permission of USA Boxing or pursuant to an agreement between USA Boxing and the manufacturer, distributor or its representative. Gifts received by a boxer with the approval of USA Boxing may not thereafter be given or sold by the athlete or the athlete’s representative for money or other consideration. A boxer who seeks or receives or disposes of such gift in violation of the provision herein may be liable to suspension from active participation in amateur athletics.

213.7 Athlete’s Boxing Fund.
The Athlete’s Boxing Fund agreement establishes a trust fund for USA Boxing athletes and allows boxers to receive earnings or benefits without losing their amateur status (see Part VI “Appendix” for details).

(b) Olympic boxers can receive such material and financial aid that is issued or authorized directly by AIBA, by their National Associations (or its leagues and clubs), their National Olympic Committees and from proper State authorities if approved by their National Sports Federations.
Benefits to be received may include:
(1) Financial aid for further studies or for professional training.
(2) Expenses for board and lodging.
(3) Sports clothing and equipment.
(4) Transportation expenses.
(5) Pocket money in accordance with AIBA Rules, or as submitted
by the boxer’s Association.
(6) Compensation for loss of salary.
Note: This aid may be gained through open competition under AIBA
Rules or authorized directly by AIBA and their National Federations.

(b) A boxer shall allow the use of person, name, or record, for publicity aims only as authorized by AIBA or by said boxer’s National Federation.

ATHLETES’ BOXING-FUND AGREEMENT
See Article XIII, 213.7, Constitution & By-Laws. Agreement to establish a trust to be known as Boxing-Fund for individual athletes and managed by USA Boxing, whose address is One Olympic Plaza, Colorado Springs, CO 80909.
(1) Preamble. The individual party hereto is an amateur boxer who may receive earnings and other financial benefits, directly or indirectly, by virtue and as a result of athletic activity. The athlete wishes to continue to be eligible to enter and compete in amateur athletic events notwithstanding receipt of such monies.
United States Amateur Boxing, Inc., as the national governing body for the sport of amateur boxing, pursuant to the Amateur Sports Act of 1978 (35 USC 371), establishes the trust created by this instrument as a method of protecting the amateur status of the athlete and all other amateur athletes of the United States of
America competing with said athlete.
(2) Definitions. As used in this agreement, the following terms shall have the meanings set forth herein:
(a) “Boxing Fund” shall mean the fund created by this agreement, the full name of which shall be “Athletes’ Boxing-Fund Agreement.”
(b) “USA Boxing” shall mean United States Amateur Boxing, Inc.
(c) “Athlete beneficiary” shall mean the individual party to this trust agreement.
(d) “AIBA” shall mean the Association Internationale de Boxe Amateur.
(e) “Trustee” shall mean the USA Boxing Business Manager.
(f) “Eligibility” shall mean the right under applicable USA Boxing and
AIBA rules of a boxer to compete as an amateur in the sport of boxing in both domestic and international competition.
(g) “Depository” shall mean the principle bank of USA Boxing, FDIC
insured.
(3) Purpose. The purpose of this agreement is to create a fund which provides, in accordance with AIBA and USA Boxing’s rules, for the receipt of certain financial payments payable to an athlete beneficiary as a result of athletic activity and a method of withdrawals of principal and income therefrom by said athlete
beneficiary so that for so long as the athlete beneficiary is a party to this trust agreement, the eligibility of said athlete shall not be impaired solely by virtue of the payment of such monies into Boxing-Fund for the account of the athlete beneficiary.
(4) Creation of Boxing-Fund. The parties hereto hereby establish Boxing-Fund and the trustee hereby accepts a trust consisting solely of such cash as shall be paid or delivered to the trustee on behalf of the athlete beneficiary. The trustee shall hold the fund in trust and manage and administer it in accordance with the terms and provisions of the agreement. The trustee shall accept no property other than that paid or delivered to it pursuant to paragraph 5.0 et seq. hereof.
(5) Athlete Beneficiaries and Payments into Boxing-Fund. The following provisions describe who may be an athlete beneficiary of Boxing-Fund and the source and manner of payment of funds, which may be accepted by the trustee.
(a) Any athlete holding a validly issued current USA Boxing membership
may, while a USA Boxing member in good standing, become an athlete
beneficiary of Boxing-Fund, provided that no athlete may become an
athlete beneficiary if this Agreement should violate any rule or regulation of the International Amateur Boxing Association or USA Boxing. It shall be the sole and absolute responsibility of the athlete enrolled in school to determine eligibility to participate in Boxing-Fund as an athlete beneficiary, and nothing contained herein shall be construed to place any responsibility therefore upon USA Boxing.
(b) Only the following funds shall be delivered by USA Boxing to the
trustee for an athlete beneficiary, and the trustee shall not accept any further funds in Boxing-Fund:
(1) Of the funds received by USA Boxing as donations for the
account of the athlete beneficiary (provided such donations are
permissible under USA Boxing’s rules and are approved by
USA Boxing); and
(2) Of the funds received by USA Boxing by reason of an athlete
beneficiary permitting his name, photograph, or performance
in boxing to be used for advertising purposes, sale of goods,
business promotion, and the like (under circumstances first
approved by USA Boxing), ninety percent (90%) shall be paid
or delivered to the trustee for the account of the athlete
beneficiary and ten percent (10%) shall be retained by USA
Boxing for its general purposes as the national governing body
for amateur boxing in the United States. All funds so received
by USA Boxing hereunder shall be net of any agency fees as
well as those extraordinary costs and direct expenses required
for USA Boxing to review and approve specific contracts or
negotiations involving athlete beneficiaries. Should USA
Boxing incur any such costs and expenses, USA Boxing shall
be reimbursed therefore prior to any final approval.
(c) As to any funds which are received by USA Boxing and paid to and
accepted by the trustee into Boxing-Fund, the athlete beneficiary, for
whose account said payment is made and accepted, hereby assigns,
conveys and transfers all right to title and interest in and to said funds to USA Boxing and the trustee for the purposes herein stated.
(6) Athlete Beneficiary Account. The trustee shall administer the payments received into Boxing-Fund as follows:
(a) The trustee shall administer Boxing-Fund.
(b) The trustee shall assign each athlete beneficiary, a Boxing-Fund account. All payments or withdrawals will be recorded to this account. The 10% administration fee retained by USA Boxing will also be reflected in this account.
(c) Withdrawal requests must be sent in writing, specifying the usage of said withdrawal, to the trustee. Payment will be sent directly to the athlete.
(d) The trustee will send individual statements of account periodically to the athlete.