Preface: With “National Fitness” written into the newly revised “Sports Law” [1], and General Secretary Xi Jinping’s emphasis at the 20th National Congress of the Communist Party on “promoting the comprehensive development of mass sports and competitive sports, and accelerating the building of a sports powerhouse” [2], concepts such as “national fitness” and “mass sports” have become deeply rooted in the public consciousness, and the enthusiasm of the people for参与 sports activities is growing. At the same time, the “COVID-19 pandemic” has quietly changed people’s fitness habits. It is against this backdrop that “frisbee” has evolved from a niche sport into a trendy sport highly sought after by urban populations. Particularly driven by sports industrialization, more and more people are choosing to join this frisbee craze.

This article, from the perspective of activity organizers, highlights common legal risks in the process of organizing frisbee sports activities and proposes corresponding preventive recommendations.

Keywords: Frisbee sports; activity organizer; civil liability; administrative liability; criminal liability; risk prevention

I. Overview of Frisbee Sports

(A) Frisbee Rules

Currently, three main types of frisbee sports are popular: Ultimate, Disc Golf, and Dodgebee. Among these, Ultimate is the most widely popular. The first Chinese Frisbee League adopted Ultimate as its event.

The Social Sports Guidance Center of the General Administration of Sport of China issued the “National Frisbee Sports Competition Rules (Trial)” on November 1, 2021 (revised based on the World Flying Disc Federation’s Ultimate rules) [3], establishing rules for frisbee competitions. Taking Ultimate as an example [4], this event consists of two teams in a 7 vs. 7 format (with no physical contact allowed). It is divided into open, women’s, and mixed divisions. In the mixed division, at least 3 female players must be on the field. Each side of the field has an end zone defended by the respective team. If a player catches the frisbee in the opponent’s end zone, a point is scored. The thrower cannot move with the frisbee but can pass it to any teammate in any direction. Once the team in possession fails to complete a pass, possession立即 changes, and the opposing team can pick up the frisbee and attack toward the opposite end zone, attempting to score by catching it. The match lasts 100 minutes, with the target score generally being 15 points, and the team with the higher score wins.

(B) Domestic Frisbee Development and Industry Outlook

Just this year, frisbee was included in the Ministry of Education’s “Compulsory Education Curriculum Plan and Standards (2022 Edition),” officially becoming a physical education project and classified as a fashion sports project among emerging sports categories [5].

To welcome the 14th “National Fitness Day,” the Social Sports Guidance Center of the General Administration of Sport of China planned to hold a frisbee league as an important national mass sports event. In July 2022, it issued a notice proposing to organize the 2022-2023 Chinese Frisbee League, consisting of qualifying tournaments and finals, with candidate competition locations including Beijing, Shanghai, Hangzhou, Chengdu, Guangzhou, Wuhan, and other cities. The first Chinese Frisbee League was held in Xi’an from August 6 to 7.

According to data from iiMedia Research’s “2022-2023 China Frisbee Sports Market Operation Monitoring and Typical Segmented Field Research Report” [6], the core market size of China’s frisbee industry in 2021 was RMB 7.59 billion, driving an industrial market size of RMB 86.77 billion. It is expected that over the next six years, China’s frisbee core industry scale and driving industry scale will continue to grow at an accelerated pace.

II. “Organizing Conduct” and “Organizers” in Frisbee Activities

(A) Characteristics of “Organizing Conduct” and Common “Organizers” in Frisbee Activities

Unlike general recreational and sports activities, where people merely gather for fitness and entertainment without收取 economic benefits among acquaintances, common frisbee activities often exhibit “profit-seeking” or “competitive” characteristics.

1. Profit-Seeking:

Commercial frisbee activities are常见 organized by frisbee clubs. Due to organizing frisbee activities, frisbee clubs often incur venue rental fees and equipment costs. Depending on the operational model, some frisbee clubs also hire photographers, makeup artists, coaches, etc., incurring related costs. After assessing costs, frisbee clubs charge fees “per person” based on the number of participants, thereby earning a certain “agency fee.”

Common “profit-seeking” frisbee activity organizers include frisbee clubs, frisbee sports venue operators and managers, etc.

2. Competitiveness:

Public welfare frisbee activities are常见 organized by government departments, enterprises and institutions, or relevant associations based on the public welfare purpose of “national fitness.” Although not for profit and without profit-making charges, these events generally have a certain scale and possess a certain degree of competitiveness and对抗性.

Common “competitive” frisbee activity organizers include event organizers, co-organizers,协办方, and sports venue operators and managers.

(B) Distinguishing “Participants” from “Organizers” in Frisbee Activities

As discussed above, in “gathering-type” recreational and sports activities, most people commonly refer to “organizers,” “initiators,” or “promoters.” This article believes that they should not be deemed as true “organizers.” In essence, they are still “participants” in an equal relationship, which is fundamentally different. Taking possible civil tort liability as an example, “participants” are generally subject to Article 1176(1) of the Civil Code [7] on “assumption of risk.” In principle, they are not liable unless they intentionally or grossly negligently caused the damage.

Regarding the liability of “organizers,” the second paragraph of the aforementioned article also emphasizes the application of Articles 1198 to 1201 of the Civil Code. Specifically for frisbee activity organizers, combined with the above analysis of the characteristics of their “organizing” conduct, Article 1198 of the Civil Code [8] on the liability of “operators, managers, or organizers” as persons with a duty of safety protection applies. In civil trial practice, the cause of action for such activity organizer tort liability disputes is generally determined as “mass activity organizer liability dispute.”

Therefore, the “organizers” or “organizing conduct” discussed in this article refer to subjects or conduct meeting the aforementioned “profit-seeking” or “competitive” characteristics.

III. Civil Liability of Frisbee Activity Organizers and Risk Prevention

(A) Tort Liability for Failure to Fulfill the Duty of Safety Protection

1. Scope of the Duty of Safety Protection

According to Article 1198(1) of the Civil Code, “operators, managers, or organizers,” as the subjects performing the duty of safety protection, bear tort liability for damages. The content of the duty of safety protection is mainly reflected in the duty of risk prevention, the duty of risk elimination, and the duty of rescue after damage occurs [9]. In frisbee activities, organizers also bear the above statutory obligations. If the organizer fails to fulfill the duty of safety protection, it shall bear compensation liability for the damage according to the above legal provisions.

2. Third-Party Tort Circumstances

Article 1198(2) of the Civil Code provides: “Where damage is caused by the conduct of a third party, the third party shall bear tort liability; if the operator, manager, or organizer fails to fulfill its duty of safety protection, it shall bear corresponding supplementary liability. After bearing supplementary liability, the operator, manager, or organizer may seek recourse from the third party.” According to the above provisions, if a third party causes personal injury during frisbee activities, the organizer’s liability may be reduced. This is specifically divided into two types of liability: (1) if the organizer has fulfilled its duty of safety protection, the third party bears tort liability; (2) if the organizer has not fulfilled its duty of safety protection, the third party first bears civil compensation liability; if the third party cannot bear full compensation, the organizer bears supplementary liability.

(B) Legal Recommendations for Risk Prevention

1. Risk Notification and Training/Tests:

Conduct risk assessment and梳理 of the entire frisbee activity process in advance, provide sufficient risk notification to participants, require participants to sign “Risk Notification and Disclaimer,” and conduct rule training and warm-up guidance. Appropriately organize “rule tests” and require participants to pass before participating in frisbee activities.

2. Prevention and Post-Incident Treatment:

Prepare contingency plans for emergencies such as weather changes and policy controls. Prepare first aid supplies and basic facilities for handling injuries. Where conditions permit, arrange for medical emergency assistance personnel to provide timely treatment or hospital transport after accidental injuries occur.

3. Purchase Insurance in Advance:

For frisbee activities, especially large frisbee events, it is recommended to purchase insurance for participants in advance. In Case (2020) Jing 02 Min Zhong No. 2503 [10], the court held that the event co-organizer “failed to purchase accident insurance for the plaintiff, did not fully and appropriately fulfill its duty of safety protection, and should bear corresponding compensation liability within the scope of fault.” The court最终 ordered the co-organizer to compensate the plaintiff, with the compensation amount limited to the insurance amount the plaintiff would have received if the organizer had fulfilled its insurance obligation.

4. Reasonably Review Participants’ Personal Conditions:

Conduct reasonable and necessary review of whether participants have consumed alcohol, are elderly, or have special diseases. For large frisbee events, it is also recommended to require participants to provide personal health examination reports. In Case (2019) Min 05 Min Zhong No. 4992 [11], the court held that “Zeng Deyi, as a person over 50 years old, still participated in the activity, indicating that Blue Penguin Company did not provide notification or reasonable screening of participants’ ages and physical conditions when organizing the event. Zeng Deyi suddenly collapsed after participating in the competition. Blue Penguin Company did not have necessary medical personnel on site and failed to fulfill its basic duty of safety protection, bearing certain fault and liability.” In Case (2018) Jing Min Shen No. 569 [12], the court also emphasized that activity organizers should have safety awareness and “eliminate all behaviors that violate activity safety requirements, such as drinking alcohol.” The organizer bore liability for breach of duty of care.

5. Process Management and Timely Intervention:

During frisbee activities, organizers should maintain necessary attention to participants. If participants are found to be engaging in high-risk movements or behaviors with safety hazards, timely intervention should be made.

IV. Administrative Liability of Frisbee Activity Organizers and Risk Prevention

(A) Administrative Liability for Violating Safety Management Obligations for Large-Scale Public Events

1. Definition of Large-Scale Public Events

Organizing frisbee sports competitions may reach the scale of “large-scale public events.” Therefore, attention must be paid to relevant administrative safety management regulations. According to Article 2 of the “Regulations on the Safety Management of Large-Scale Public Events” [13], if a frisbee sports competition organized for the public has an expected attendance of 1,000 or more per session, it reaches the scale of a large-scale public event.

2. Administrative Liability for Unauthorized Organization or Modification of Large-Scale Public Events

According to Article 20 of the “Regulations on the Safety Management of Large-Scale Public Events” [14]: “If the organizer unauthorizedly changes the time, location, or content of a large-scale public event, or unauthorizedly expands the scale of the event, the public security authority shall impose a fine of not less than RMB 10,000 but not more than RMB 50,000; any illegal gains shall be confiscated.

Large-scale public events held without the safety approval of the public security authority shall be banned by the public security authority, and the organizer shall be fined not less than RMB 100,000 but not more than RMB 300,000.”

3. Administrative Liability for Failure to Timely Activate Emergency Plans or Report to Public Security Authorities

According to Article 22 of the “Regulations on the Safety Management of Large-Scale Public Events” [15]: “If a public safety accident occurs during the holding of a large-scale public event, and the safety responsible person fails to immediately activate the emergency rescue plan or fails to immediately report to the public security authority, the public security authority shall impose a fine of not less than RMB 5,000 but not more than RMB 50,000 on the safety responsible person and other directly responsible persons.”

(B) Administrative Liability for Violating Sports Event Management Obligations

All levels and types of frisbee sports events organized within China shall comply with the “Administrative Measures for Sports Events” in their organization and implementation, or bear corresponding administrative liability.

1. Violation of Approval Requirements

Frisbee sports are “imported” products. If applying for international frisbee sports events, approval procedures shall be followed. Article 7 of the “Administrative Measures for Sports Events” [16] provides for the approval methods for various levels and types of international sports events. For practitioners in the commercial frisbee sector, if they plan to organize commercial or mass international frisbee sports events, they shall follow the principle of territorial management and handle foreign affairs procedures according to local regulations. Otherwise, according to Article 41 of the “Administrative Measures for Sports Events” [17], the organizer or co-organizer may be ordered to correct by the local sports department or its entrusted comprehensive administrative law enforcement department. In egregious circumstances, a fine of up to RMB 30,000 may be imposed; for non-commercial activities, a fine of up to RMB 1,000 may be imposed.

2. Illegal Event Name

To ensure the standardization of sports event names, the law imposes strict management requirements on event names. Organizing frisbee sports events is no exception. If the name does not comply with Articles 11 and 12 of the “Administrative Measures for Sports Events” [18], the organizer or co-organizer may also face the above-mentioned administrative penalties of being ordered to correct, fined up to RMB 30,000 (in egregious circumstances), or fined up to RMB 1,000 (for non-commercial activities).

(C) Legal Recommendations for Risk Prevention

1. Apply for Approval According to Law:

Estimate the number of participants per session. If the number may reach the scale of a large-scale public event, apply to the public security authority for approval in a timely manner. If organizing an international frisbee event, submit approval applications and handle foreign affairs procedures according to the requirements of the corresponding level and type of functional departments at the corresponding approval level.

2. Carry Out Activities According to Approval:

If the public security authority or other relevant functional department has approved the activity application, the activity shall be organized and conducted strictly in accordance with the approved time, location, content, and number scale. The aforementioned items and scope shall not be unauthorizedly changed.

3. Emergency Plans and Reporting:

If a public safety accident or public security incident occurs, the organizer or sponsor shall immediately activate the emergency rescue plan and immediately report to the public security authority.

4. Standardize Event Names:

Carry out pre-verification compliance work for event names. Common requirements include: the event name should be consistent with the hosting region and the frisbee project content; consistent with the industry field and scope of the organizer’s activities; the name shall not contain political, diplomatic, or national defense-related language; and other regulatory requirements must be observed.

V. Criminal Liability of Frisbee Activity Organizers and Risk Prevention

(A) Criminal Risk of the Crime of Major Accident in Large-Scale Public Events

If organizing a frisbee sports event violates relevant safety management regulations and results in major casualties, according to Article 135-1 of China’s Criminal Law [19]: “Where the holding of a large-scale public event violates safety management regulations, resulting in major casualties or other serious consequences, the directly responsible supervisors and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the circumstances are particularly egregious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.” The co-organizer, as the actual organizer and safety responsible person of the event, will bear corresponding criminal liability.

The prosecution standards for the crime of major accident in large-scale public events are found in Article 11 of the “Provisions of the Supreme People’s Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Authorities (I)” [20]: “Where the holding of a large-scale public event violates safety management regulations and is suspected of the following circumstances, a case shall be filed for prosecution:

(1) Causing the death of one or more persons, or serious injury to three or more persons; (2) Causing direct economic losses of RMB 500,000 or more; (3) Other circumstances causing serious consequences.”

(B) Criminal Risk of Dereliction of Duty

Similarly, where staff of relevant competent authorities responsible for safety supervision duties, in performing safety management duties for such large-scale public events as frisbee sports events, engage in abuse of power, dereliction of duty, or malpractice for personal gain that constitutes a crime, based on their conduct and circumstances, they may be subject to corresponding criminal liability according to the relevant provisions of Chapter IX of the Criminal Law (crimes of dereliction of duty: abuse of power, dereliction of duty, malpractice for personal gain).

(C) Legal Recommendations for Risk Prevention

Ensure that during the process of organizing and holding events, all safety management regulations are strictly observed, mainly as provided in Articles 6 to 8 of Chapter 2 of the “Regulations on the Safety Management of Large-Scale Public Events” [21] regarding “safety responsibilities,” which include:

Article 6 provides that the organizer shall formulate a safety work plan for the large-scale public event, and the plan shall include the following: (1) the time, location, content, and organization method of the event; (2) the number of safety personnel, task assignment, and identification marks; (3) fire safety measures for the event venue; (4) the capacity of the event venue and the estimated number of participants; (5) the establishment and marking of security buffer zones; (6) ticket inspection and safety inspection measures for entrants; (7) vehicle parking and疏导 measures; (8) on-site order maintenance and personnel evacuation measures; (9) emergency rescue plan.

Article 7 provides for safety matters for which the organizer shall be responsible: (1) implement the safety work plan and safety responsibility system for the large-scale public event, clarify safety measures and job responsibilities of safety personnel, and carry out safety publicity and education for the large-scale public event; (2) ensure the safety of temporary structures and buildings, eliminating safety hazards; (3) equip necessary safety inspection equipment as required by the public security authority responsible for approval, conduct safety inspections on persons participating in the large-scale public event, and have the right to refuse entry to those who refuse safety inspections; (4) issue or sell tickets according to the approved capacity of the event venue and designated areas; (5) implement emergency rescue measures such as medical rescue, firefighting, and emergency evacuation, and organize drills; (6) timely stop behaviors that hinder the safety of the large-scale public event, and timely report illegal and criminal activities to the public security authority; (7) equip professional security personnel and other safety personnel appropriate for the safety work needs of the large-scale public event; (8) provide necessary guarantees for the safety work of the large-scale public event.

Article 8 provides for safety matters for which the venue manager shall be responsible: (1) ensure that the event venue and facilities meet national safety standards and safety regulations; (2) ensure that evacuation passages, safety exits, fire truck access, emergency broadcasting, emergency lighting, and evacuation指示 signs comply with laws, regulations, and technical standards; (3) ensure that monitoring equipment and firefighting facilities and equipment are complete, intact, and effective; (4) provide necessary parking space and maintain safety order.

Conclusion

Under the “frisbee craze,” frisbee sports activity organizers should be more clearly aware that during the process of organizing, holding, or operating frisbee sports activities, if they only involve general recreational frisbee activities or small-scale commercial frisbee events, they can focus more on fulfilling their duty of safety protection, minimizing or avoiding personal injury incidents, and reducing the risk of civil tort compensation. If large-scale frisbee events with a large number of participants are involved, they should more cautiously implement measures in accordance with legal requirements, including applying for administrative approval, conducting activities in a standardized manner, and preparing emergency rescue plans and related reporting work, to prevent administrative or even criminal liability risks arising from violations of relevant (safety) management regulations.

References

[1] Sports Law of the People’s Republic of China (2022 Revision) [2] Report by General Secretary Xi Jinping at the 20th National Congress of the Communist Party of China on October 16, 2022 [3] National Frisbee Sports Promotion Committee WeChat public account article dated October 19, 2022, “Notice | General Administration of Sport Social Sports Guidance Center on Issuing the Competition Rules for the 2022-2023 Chinese Frisbee League (Hangzhou, Zhejiang)” https://mp.weixin.qq.com/s/whbaZyT7MiIS_jCD6eKZkwl [4] “National Frisbee Sports Competition Rules (Trial)” https://www.sport.gov.cn/n20001280/n20067662/n20067740/c23677931/content.html [5] “Compulsory Education Curriculum Plan and Standards (2022 Edition)” [6] “2022-2023 China Frisbee Sports Market Operation Monitoring and Typical Segmented Field Research Report” [7] Civil Code of the People’s Republic of China, Article 1176 [8] Civil Code of the People’s Republic of China, Article 1198 [9] Chen Xianjie, ed., “Analysis of the精义 and Case Interpretation of the Tort Liability Law of the People’s Republic of China,” China Legal Publishing House, 2010, p. 128 [10] Beijing Second Intermediate People’s Court (2020) Jing 02 Min Zhong No. 2503 Civil Judgment [11] Fujian Quanzhou Intermediate People’s Court (2019) Min 05 Min Zhong No. 4992 Civil Judgment [12] Beijing Higher People’s Court (2018) Jing Min Shen No. 569 Civil Ruling [13] “Regulations on the Safety Management of Large-Scale Public Events” (State Council Order No. 505), Article 2 [14] “Regulations on the Safety Management of Large-Scale Public Events” (State Council Order No. 505), Article 20 [15] “Regulations on the Safety Management of Large-Scale Public Events” (State Council Order No. 505), Article 22 [16] “Administrative Measures for Sports Events” (General Administration of Sport Order No. 25), Article 7 [17] “Administrative Measures for Sports Events” (General Administration of Sport Order No. 25), Article 41 [18] “Administrative Measures for Sports Events” (General Administration of Sport Order No. 25), Articles 11 and 12 [19] Criminal Law of the People’s Republic of China (2020 Amendment), Article 135-1 [20] Notice of the Supreme People’s Procuratorate and the Ministry of Public Security on Issuing the “Provisions of the Supreme People’s Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Authorities (I)” (Gong Tong Zi [2008] No. 36), Article 11 [21] “Regulations on the Safety Management of Large-Scale Public Events” (State Council Order No. 505), Articles 6, 7, and 8

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