Question
In 2018, Tom joined the Tiger Club as football player and entered into a written agreement with the Tiger Club whereby he agreed to play
In 2018, Tom joined the Tiger Club as football player and entered into a written agreement with the Tiger Club whereby he agreed to play for that club during the 2018, 2019, 2020 and 2021 playing seasons and the club agreed to pay him $5,000 per season over and above his freelance earnings as a KOL. In 2018 he was chosen to represent Hong Kong in Asian Game against North Korea and the Tiger Club wanted to keep him.
He also played the 2019 season with the Tiger Club but by this time he wanted to be released from the club as it was likely that he could earn more money at another club as he was a popular football player.
In 2019 he applied to the Tiger Club to be placed on the transfer list and was rejected.
His contract included a clause that read "The player shall observe and be subject to all the Rules Regulations and By-laws of Tiger Club together with any amendments or additions thereto which may be made from time to time during the currency of this Agreement."
These rules meant that if Tiger Club did not release him then he could not transfer to any other domestic club. If another domestic club included him as a player they would charge $20,000 per season he plays as administration fee.
During the 2020 season did not play football for the Tiger Club or any other domestic club and derived no income from playing the sport.
Advice Tom on his dilemma with the restrictive covenant.
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