tag:blogger.com,1999:blog-74131456413038954792024-03-07T23:46:14.223-05:00Del Duca Sports Law Blog | Sports LawLearn more about Sports Law from Attorney Ron Del Duca. Topics will posted here on at least a weekly basis. Add your comments if you like. Enjoy.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comBlogger35125tag:blogger.com,1999:blog-7413145641303895479.post-20012209054787044102010-09-16T14:06:00.000-04:002010-09-16T14:06:33.774-04:00Athlete Representation and the Marketing of Endorsements<a href="http://delducasports.blogspot.com/2010/09/athlete-representation-and-marketing-of.html"><span style="color: #741b47;">You can find the article here.</span></a>Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-76356577307200515422010-04-20T08:05:00.002-04:002010-04-20T08:06:57.915-04:00Correction to NFLPA LinksFor Becoming an Agent FAQs <a href="http://www.nflplayers.com/About-Us/FAQs/Agent-Certification-FAQs/">new link</a><br />
<br />
For Sample Agent-Player Rep Agreement <a href="http://images.nflplayers.com/mediaResources/files/PDFs/SCAA/NFLPA_Regulations_Contract_Advisors.pdf">new link</a> (see Appendix D)<br />
<br />
Thanks for Chris Capcara for pointing this out.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-43607602911873939342010-04-19T10:59:00.000-04:002010-04-19T10:59:47.365-04:00Class for 4/19Here's some sample agreements for today's class (click the link)<br />
<br />
<a href="http://www.sec.gov/Archives/edgar/data/1322729/000106299305002236/exhibit10-3.htm">Actor Agreement</a><br />
<br />
<a href="http://www.thesmokinggun.com/backstagetour/beatles/beatles1.html">Rock Band Agreement</a>-Concert<br />
<br />
<a href="http://www.docstoc.com/docs/1514220/Movie-Location-Contract-Sample/">Movie Location Contract</a><br />
<br />
<a href="http://musiccontracts101.com/docs/sample/">Record Company Contract</a><br />
<br />
<a href="http://www.karemar.com/blog/personal-management-agreement-legal-forms-and-contracts">Agent-Actor Agreement</a><br />
<br />
Sample Non-Union Actor Contract<br />
<br />
<br />
"Wake-Up" Entertainment Company<br />
<br />
RELEASE FORM<br />
<br />
I, __________________________ do hereby confirm the consent heretofore given you with respect to your photographing me in connection with your motion picture/video: Title: Foolishness Production Number:0002 and I hereby grant to you, your successors, assigns and licensees the perpetual right to use, in any manner or in any media currently existing or which may be developed in the future, as "Wake-up" Entertainment may desire, all video, still and motion pictures and sound track recordings and records which you may make of me or of my voice, and the right to use my name or likeness in or in connection with the exhibition, advertising, exploitation or any other use of such motion picture or recording. I understand that "Wake-Up" Entertainment will provide to me a copy of the film on DVD or other media for my personal use only. I will not sell said copy or use it for any commercial purposes such as broadcasting, streaming online or Home Video- DVD releases. I shall receive a limited license to use the copy for personal promotional purposes, which shall be limited to using a maximum of 30 seconds of the film on my personal website. I also understand that it takes a significant amount of time to complete a film – and in some cases student films are abandoned and not completed at all. If the filmmaker has promised a tape of the film I agree to allow a reasonable amount of time to elapse after the performance for completion (i.e. six months). I agree that should the film/tape not be completed I will take no action against "Wake-Up" Entertainment or its President.<br />
<br />
I am over eighteen years of age. (initial here) _____<br />
<br />
I am under eighteen years of age. (initial here) _____ Parent/Guardian signature required.<br />
<br />
Signature : _______________________________ (Parent/Guardian if under eighteen years of age) Name (print) : _______________________________ Home address : _______________________________ Phone number : _________________________ Character name: _______________________________<br />
<br />
Date: _______________________________<br />
<br />
Antitrust Issue - <a href="http://www.scotuswiki.com/index.php?title=American_Needle_Inc._v._NFL,_et_al">American Needle Case</a>Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-22164213508253153372010-04-12T23:34:00.002-04:002010-04-12T23:34:47.618-04:00Excellent Article about what makes an agent<a href="http://www.nationalfootballpost.com/The-art-of-working-with-athletes.html"><span style="color: #c27ba0;">is right here.</span></a>Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-32393103697742516992010-04-07T13:22:00.003-04:002010-04-07T13:23:07.057-04:00Tax Deductions and the Professional AthleteWe will review the following in class<br />
<br />
<a href="http://delducasports.blogspot.com/2010/04/feds-need-money-so-irs-hammers-your.html">http://delducasports.blogspot.com/2010/04/feds-need-money-so-irs-hammers-your.html</a>Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-70670137976924332852010-04-04T20:30:00.000-04:002010-04-04T20:30:02.266-04:00Class 4/12Topic: - "off the field" legal issues for pro athlete (no reading)<br />
- tax issues for the professional athlete (Entertainment Law book, pg. 309-17)<br />
- Entertainment law issues <br />
- television (Ent Law book, pg 34-62)<br />
- music industry (pg 64-85)<br />
- censorship (93-127)<br />
- representation (186-220)<br />
<br />
Note: 'contracts' part of Entertainment Law reading will be done 4/19 with anti-trust issues already assignedDel Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-61661269731164325292010-03-26T23:22:00.002-04:002010-03-26T23:22:54.529-04:00NO CLASS MONDAY MARCH 29, 2010See you next week .... syllabus continued as isDel Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-12880893173939505642010-03-22T09:54:00.000-04:002010-03-22T09:54:38.122-04:00Licensing the Images of Dead People ...Some coin is to be made ... <a href="http://www.forbes.com/2006/10/20/tech-media_06deadcelebs_cx_pf_top-earning-dead-celebrities_5.html"><span style="color: #c27ba0;">click here</span></a>Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-61636713707289898452010-03-22T09:47:00.000-04:002010-03-22T09:47:40.863-04:00Class of 3/22Sports Law Chapter 18: pgs 987-1000<br />
Sports Law Chapter 19: pgs 1001-73<br />
<br />
Put your Torts law hats on....Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-15562660406715462892010-03-12T21:16:00.002-05:002010-03-12T23:14:55.449-05:00Class 3/15Will be emphasizing intellectual property issues<br />
Sports Law text: pgs 1125-1225<br />
Entertainment Law text: pgs 133-183. 300-309<br />
<br />
Also review the following:<br />
<br />
Sample endorsement agreement -- <a href="http://www.delducasports.com/assets/files/Sample-NHL-Endorsement-Agreement.pdf">click this link</a><br />
<br />
Sample representation agreement between agent and athlete regarding endorsement marketing (see below)<br />
<br />
Sample Confidentiality and Nondisclosure agreement (see below) <br />
<br />
<br />
REPRESENTATION AGREEMENT<br />
<br />
THIS REPRESENTATION AGREEMENT, made this day of , 199 , by and between Ronald M. Del Duca, Jr., a Virginia resident (herein called the "REPRESENTATIVE") and , a resident of (herein called the "CLIENT").<br />
<br />
WHEREAS, CLIENT desires that and REPRESENTATIVE agrees that REPRESENTATIVE will provide various services to CLIENT.<br />
<br />
NOW, THEREFORE, in consideration of the mutual promises made in this Agreement, both CLIENT and REPRESENTATIVE, each intending to be legally bound, agree as follows:<br />
<br />
1. Term<br />
The term ("Term") of this Agreement shall commence on the date of its execution and shall continue for a one (1) year period. The Term of this Agreement shall be considered automatically renewed for subsequent (1) year periods unless terminated by either party by written notice by at least thirty (30) days before the end of the Term or any extension.<br />
<br />
2. Representative Services<br />
During the Term of this Agreement, REPRESENTATIVE shall, as requested by CLIENT, represent, advise, counsel and assist CLIENT in regard to the solicitation and implementation of various revenue producing contracts (the "Contracts," as further defined in Paragraph four (4) herein), said services to include:<br />
(a) Solicitation, negotiation and drafting of any and all Contracts on behalf of the CLIENT; <br />
(b) Consultation and advice with respect to finances, taxes and tax planning relating to the Contracts; and<br />
(c) Any other services mutually agreed between CLIENT and REPRESENTATIVE pertaining to the Contracts.<br />
<br />
3. CLIENT Right of Approval<br />
CLIENT shall at all times have the right to approve or disapprove all proposals, agreements or Contracts presented by REPRESENTATIVE pursuant to this Agreement. REPRESENTATIVE shall not have the authority to bind or commit CLIENT in any way without CLIENT'S prior written consent. <br />
<br />
4. Compensation<br />
A. Solicitation Activities. CLIENT shall pay to REPRESENTATIVE for the solicitation of Contract revenues on CLIENT'S behalf as done by REPRESENTATIVE a sum equal to percent ( %) of the gross amount of all monies or the fair market value of all properties received by CLIENT (or on CLIENT'S behalf) as the result of any Contract, including any substitutions, additions, modifications, renewals or extensions thereof, the negotiation of which commenced during the Term of this Agreement incident to REPRESENTATIVE'S solicitation activities, regardless of whether such income is received during the Term of this Agreement or after the termination of such Term. Contracts shall include service contracts, endorsement agreements, personal appearances or any other revenue producing arrangements, whether oral or written.<br />
In case this Agreement between REPRESENTATIVE and CLIENT terminates, and subsequent to said period a Contract originally solicited by REPRESENTATIVE is renewed, if the period between the termination date of the Contract and the date a new Contract with the same sponsor (or its successor or affiliate) is made (the "Renewal Period") is twenty four (24) months or more, REPRESENTATIVE shall not be entitled to the beforenoted commission unless the solicitation activities of REPRESENTATIVE are involved in the new Contract. In case this Agreement between REPRESENTATIVE and CLIENT terminates, and if the Renewal Period of the Contract is less than twenty four (24) months, the REPRESENTATIVE shall be entitled to the commission on the value of the renewed Contract equal to the lesser of the value of the amount of the renewed Contract or the value contained in the original Contract (but not the excess). <br />
<br />
For compensation to be paid to the REPRESENTATIVE by the CLIENT per this Agreement, the CLIENT shall make all such compensation payments to REPRESENTATIVE or an assignee of REPRESENTATIVE'S choosing within thirty (30) days of receipt of a payment from a Contract or in such annual installments as may be mutually agreed between CLIENT and REPRESENTATIVE. <br />
<br />
B. Other Activities. In those instances that a Contract is entered into by CLIENT and REPRESENTATIVE provides services but not those relating to solicitation of said Contract, any fee to be charged by REPRESENTATIVE shall be mutually agreed upon between REPRESENTATIVE and CLIENT.<br />
<br />
C. Taxes. CLIENT shall be responsible for the payment of any and all income taxes incurred in connection with compensation received by CLIENT pursuant to this Agreement. REPRESENTATIVE shall be responsible for the payment of income taxes incurred in connection with this Agreement for compensation he receives in connection with this Agreement.<br />
<br />
5. Business Expenses<br />
CLIENT shall reimburse REPRESENTATIVE for all reasonable and necessary communication expenses (i.e., telephone, telefax, and postage) actually incurred by REPRESENTATIVE during the Term hereof. CLIENT shall also reimburse REPRESENTATIVE for all reasonable and necessary travel, meal and lodging expenses incurred by REPRESENTATIVE during the Term hereof as related to REPRESENTATIVE's services and approved by CLIENT. CLIENT shall promptly pay all such expenses upon receipt. CLIENT shall be responsible for all his own expenses, including, but not limited to, travel, food and lodging, incurred incident to this Agreement. <br />
<br />
6. Termination<br />
A. For Cause. If REPRESENTATIVE or CLIENT shall fail to observe or perform any of the obligations created in this Agreement, the non-defaulting party shall have the right to elect to terminate the Agreement if such default is not cured within thirty (30) days after the non-defaulting party shall have given the defaulting party written notice specifying such default. Notice shall be per the provisions of paragraph Eight (8) herein.<br />
<br />
B. Without Cause. Either party may terminate this Agreement without cause by giving fifteen (15) days prior written notice.<br />
<br />
C. Enforceability. Notwithstanding the termination provisions of this Paragraph Six (6), the compensation provisions of Paragraph Four (4) shall remain in full force and effect at all times.<br />
<br />
7. Assignment<br />
Neither CLIENT nor REPRESENTATIVE shall have a right to assign or otherwise transfer the rights or obligations of this Agreement without the prior written consent of the other party. <br />
<br />
[rest not shown]<br />
<br />
<br />
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT<br />
<br />
THIS CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (the “Agreement”) made this __ day of __________, 20 __ , by and between Fusion Edge Media, LLC, a Virginia limited liability company (hereinafter “Fusion”) and [NAME OF COMPANY], a [type of entity and jurisdiction where formed] (hereinafter “Company”) is as follows:<br />
<br />
WHEREAS, Fusion will be providing Company certain confidential and proprietary information for the purpose of entering into discussions regarding a potential business relationship between Fusion and Company relating to [state general purpose of business transaction] (hereinafter the “Purpose”); and <br />
<br />
WHEREAS, Fusion and Company agree that said confidential and proprietary information is privileged and is not to be released for dissemination or disclosure to any third parties in any manner except as provided in this Agreement.<br />
<br />
NOW THEREFORE, in consideration of Ten and 00/100 United States Dollars ($10.00), and of the mutual promises, covenants and obligations contained in this Agreement, the sufficiency of which is hereby acknowledged, both Fusion and Company agree, each intending to be legally bound, as follows:<br />
<br />
1. Confidential Information. For purposes of this Agreement, “Confidential Information” includes, but is not limited to, any information, “know how”, scripts, writings, notes, any form of visual properties (including but not limited to graphics, photos, video, DVDs, motion pictures, story board and/or pre-visualization of motion pictures), patent, copyright, trade secret, process, technique, program, design, formula, marketing, advertising, data (financial, commercial, sales, programming or otherwise), written materials, compositions, drawings, diagrams, programs (computer or software), studies, work in progress, visual demonstrations, business plans, budgets, forecasts, customer data, ideas, concepts, characters, story outlines and other data, whether in oral, written, graphic, electronic form, or any other form or medium whatsoever, which may be exchanged between the parties in pursuance of the Purpose of this Agreement or otherwise. The term “Confidential Information” shall not include information which is actually known to Company prior to the time of receipt of such Confidential Information as can be established by evidence that would be acceptable to a Court of competent jurisdiction.<br />
<br />
2. Company’s Obligations. <br />
<br />
A. All Confidential Information constitutes the sole and exclusive property and the Confidential Information of Fusion, which Fusion is entitled to protect. Company shall only use the Confidential Information strictly for the Purpose. Company shall hold and maintain all Confidential Information in trust and confidence for Fusion and shall use commercially reasonable efforts to protect the Confidential Information from any harm, tampering, unauthorized access, sabotage, access, exploitation, manipulation, modification, interference, misuse, misappropriation, copying or disclosure. Company shall not, without the prior written consent of Fusion, disclose any Confidential Information to any person or entity other than to such of its employees, officers, directors, contractors, agents and professional advisors (hereinafter the “Company Personnel”), as applicable, and in such event only to the extent necessary for the Purpose and provided that Company shall, prior to disclosing the Confidential Information to the Company Personnel issue appropriate instructions to them to satisfy its obligations in this Agreement and obtain their agreement to receive and use the Confidential Information on a confidential basis on the same conditions as contained in this Agreement. In addition, the Company shall be fully responsible to ensure that each of the Company Personnel handles the Confidential Information as required by this Agreement, and Company shall be liable for any loss or damage resulting from any failure to do so. The Company shall notify Fusion promptly of any unauthorized use, disclosure or possession of the Confidential Information that comes to the Company’s attention.<br />
<br />
B. The Confidential Information shall not be copied, reproduced in any form or stored in a retrieval system or data base by the Company without prior written consent of the Fusion, except for such copies and storage as may reasonably be required internally by Company for the Purpose.<br />
<br />
C. Upon request of Fusion, Company shall immediately return to Fusion all Confidential Information, including all records, summaries, analyses, notes or other documents and all copies thereof, in any form whatsoever, under the power or control of Company and destroy the Confidential Information from all retrieval systems and databases. The return of such documents to the Fusion shall in no event relieve Company of its obligations of confidentiality set out in this Agreement with respect to such returned Confidential Information.<br />
<br />
D. In the event that the business relationship contemplated by this Agreement does not occur, Company (or any of its affiliates, successors or other business relationships) will not use or permit the use of any of the Confidential Information for its own benefit, nor for the benefit of any third party or for any other purpose. Regardless of whether the business relationship contemplated by this Agreement occurs, the rights and obligations set out in this Agreement shall survive from the date of this Agreement and continue for a period of five (5) years thereafter.<br />
<br />
3. Rights of Company. Neither this Agreement nor the disclosure of any Confidential Information to Company shall be construed as granting to Company any rights in, to or in respect of the Confidential Information, including, but not limited to, rights by license, or as the basis for development, research and/or production of items or services.<br />
<br />
4. Breach of Agreement. The provisions hereof are necessary to protect the trade, commercial and financial interests of Fusion. The parties acknowledge and agree that any breach whatsoever of the covenants, provisions and restrictions herein contained by Company shall constitute a breach of Company's obligations to Fusion which may cause serious damage and injury to Fusion which cannot be fully or adequately compensated by monetary damages. The parties accordingly agree that in addition to claiming damages, Fusion may seek interim and permanent equitable relief against Company, including without limitation interim, interlocutory and permanent injunctive relief, in the event of any breach of this Agreement. All such rights and remedies shall be cumulative and in addition to any and all other rights and remedies whatsoever to which Fusion may be entitled.<br />
<br />
5. No Joint Venture or Partnership. The parties agree that the execution of this Agreement does not in any way constitute a partnership or joint venture or binding commitment on the part of either party to enter into or complete negotiations or any transaction with the other party.<br />
<br />
6. Entire Agreement: Binding Effects; Severability. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes and overrides any prior or other agreements, representations, warranties, understandings and explanations between the parties hereto with respect to the subject matter of this Agreement. This Agreement shall be binding upon the trustees, receiver, heirs, executors, administrators, successors and assigns of the parties. The invalidity or unenforceability of any provision or part thereof of this Agreement shall not affect the validity or enforceability of any other provision and such invalid or unenforceable provision shall be deemed severed from the remaining provisions herein and such remaining provisions shall continue in full force and effect.<br />
<br />
7. Governing Law. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the Commonwealth of Virginia and the laws of the United States applicable therein. The parties hereby submit to the exclusive jurisdiction of the courts located in the Commonwealth of Virginia, both state and federal. <br />
<br />
8. Waiver of Breach. No waiver of any breach of any provision of this Agreement will be effective or binding unless in writing and signed by Fusion and will be limited to the specific breach waived unless otherwise provided in the written waiver.<br />
<br />
9. Miscellaneous. This Agreement may be executed in counterparts with the same effect as if both parties hereto had signed the same document. Each counterpart shall be as valid and binding as each other counterpart and all counterparts shall be construed together and shall constitute one agreement. Execution and delivery of this Agreement by fax transmission shall constitute legal and binding execution and delivery of this Agreement. The recitals to this Agreement (i.e., WHEREAS) are hereby incorporated into and form part of this Agreement.<br />
<br />
IN WITNESS WHEREOF Fusion and Company have executed this Agreement as of the date first above written.<br />
Fusion Edge Media, LLC<br />
____________________<br />
<br />
By __________, its __________<br />
<br />
[NAME OF COMPANY]<br />
____________________<br />
<br />
By __________, its __________Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-81046946420771912902010-03-05T09:22:00.006-05:002010-03-05T09:34:47.354-05:00Read the Language...AlwaysSee below for a negotiation I recently had over player contract language with a NFL club...we will discuss in class Monday.<br />
<br />
Draft 1<br />
<em><span style="color: #c27ba0;">Player will have the opportunity to receive and retain a 2010 Roster, Reporting, and Playing Bonus in the amount of $25,000, if and only if Player achieves such amount by fulfilling the following terms and conditions: </span></em><span style="color: #c27ba0;"><br />
</span><br />
<em><span style="color: #c27ba0;">(1) Player must be on Club’s 80-man roster on March 8, 2010; and</span></em><br />
<em><span style="color: #c27ba0;">(2) Player must fulfill each and every obligation under the Contract and report, practice and play with Club throughout the 2010 League Year (unless such failure to practice or play is as a result of injury or death resulting from Player’s performing services pursuant to the Contract). </span></em><br />
<span style="color: #c27ba0;"> </span><em><span style="color: #c27ba0;">This 2010 Roster, Reporting, and Playing Bonus will be conditionally advanced to Player as follows: $25,000 on or before March 20, 2010, but will not be earned unless and until Player’s eligibility to receive and retain such amount has been confirmed by the fulfillment by Player of Paragraphs (1) and (2) above.</span></em><br />
<br />
Draft 2<br />
From: ron del duca [mailto:rdelduca1503@comcast.net] <br />
To: <a href="mailto:'TMacCracken@Chiefs.nfl.com'">'TMacCracken@Chiefs.nfl.com'</a><br />
Subject: Copper<span style="color: #c27ba0;"><br />
</span><br />
<em><span style="color: #c27ba0;">2010 ROSTER, REPORTING, AND PLAYING BONUS</span></em><em><br />
</em><br />
<em><span style="color: #c27ba0;">Player will have the opportunity to receive and retain a 2010 Roster, Reporting, and Playing Bonus in the amount of $25,000, if and only if Player achieves such amount by fulfilling the following terms and conditions: </span></em><br />
<span style="color: #c27ba0;"><em> </em><em>(1) Player must be on Club’s 80-man roster on March 8, 2010; and </em></span><br />
<em><span style="color: #c27ba0;">(2) Player must fulfill each and every obligation under the Contract and report, practice and play with Club throughout the 2010 League Year (unless such failure to practice or play is as a result of injury or death resulting from Player’s performing services pursuant to the Contract).</span></em><br />
<br />
(From Ron Del Duca): So if he gets cut after week 1 or during camp he has to give the 25 k back? That’s wasnt the intent..supposed to be a signing bonus…just caught that..let me know<br />
<br />
Draft 3<br />
From: 'TMacCracken@Chiefs.nfl.com' <br />
To: ron del duca [mailto:rdelduca1503@comcast.net]<br />
Subject: Copper <br />
<br />
Ron - Take a look.... thanks, Trip<br />
<br />
<em><span style="color: #c27ba0;">2010 ROSTER, REPORTING, AND PLAYING BONUS</span></em><em><br />
</em><br />
<em><span style="color: #c27ba0;">Player will have the opportunity to receive and retain a 2010 Roster, Reporting, and Playing Bonus in the amount of $25,000, if and only if Player achieves such amount by fulfilling the following terms and conditions: </span></em><em><br />
<span style="color: #c27ba0;"></span></em><br />
<em><span style="color: #c27ba0;">(1) Player must be on Club’s 80-man roster on March 8, 2010; and</span></em><br />
<em><span style="color: #c27ba0;">(2) Player must fulfill each and every obligation under the Contract and report, practice and play with Club throughout the 2010 League Year (unless such failure to practice or play is as a result of injury or death resulting from Player’s performing services pursuant to the Contract). </span></em><br />
<span style="color: #c27ba0;"><em>This 2010 Roster, Reporting, and Playing Bonus will be conditionally advanced to Player as follows: $25,000 on or before March 20, 2010, but will not be earned unless and until Player’s eligibility to receive and retain such amount has been confirmed by the fulfillment by Player of Paragraphs (1) and (2) above. <span style="color: #8e7cc3;">Notwithstanding the foregoing, if Club terminates the Contract after the satisfaction by Player of the Condition specified in Paragraph (1) immediately above, so long as Player has not violated any terms of Paragraph (2) above but for the Club’s termination of the Contract, Player will be deemed eligible to receive and retain the 2010 Roster, Reporting, and Playing Bonus. </span></em></span><br />
<br />
Now if player gets cut he keeps the bonus...end of story.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-8018969634247268342010-03-03T13:51:00.000-05:002010-03-03T13:51:34.003-05:00Player Fines: How the Wrong Nasal Strip Can Cost You 5 Grand<span style="font-family: inherit;">Detailed discussion of fines in the NFL. </span><a href="http://delducasports.blogspot.com/2010/03/player-fines-how-wrong-color-nasal.html"><span style="color: #a64d79; font-family: inherit;">Link is here</span></a>Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-80713388922888330492010-02-28T20:03:00.002-05:002010-03-01T19:35:29.446-05:00Class of 3/8 (forgot there is Spring Break this week)We will discuss the following:<br />
<br />
- Text , Chp. 15 (pg. 711-775)<br />
- The inner workings of the Clownfest that I attended this past Friday Indy otherwise known as the NFL Contract Advisors meeting<br />
- Did my client really drop 100 grand at the wedding of his that I attended Saturday night in DC (and more importantly is at least part of it tax deductible?)<br />
- The cost and value of NASCAR team sponsorships .... <a href="http://www.nascar.com/2004/kyn/nascar_101/05/20/team_costs/"><span style="color: #a64d79;">see this link</span></a><br />
- In-class case study on your new <a href="http://www.speedracer.com/"><span style="color: #a64d79;">Speed Racer client</span></a><br />
<br />
<span style="color: black;">Scheduled Speaker to be rescheduled at a later time ... he decided to go to Florida instead. </span>Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-51295739136980727392010-02-24T00:35:00.000-05:002010-02-24T00:35:59.807-05:00NFL favors blood-testing players for HGHAs we discussed in class last week look what issue pops up: <a href="http://views.washingtonpost.com/theleague/nflnewsfeed/2010/02/nfl-favors-blood-testing-players-for-hgh.html"><span style="color: #a64d79;">click the link</span></a>.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-1701096688648995282010-02-23T12:35:00.000-05:002010-02-23T12:35:27.256-05:00Your Client Has ADD? Make sure he doesn't flunk the drug test...From The NFLPA today<br />
<br />
The following information is needed in order for a player to be granted a Therapeutic Use Exemption (TUE) for the use of a stimulant to treat ADD in the NFL (this includes players at the Combine).<br />
<br />
Letter from prescribing physician which includes: <br />
<br />
Diagnosis <br />
Medication <br />
Criteria for diagnosis <br />
Reports of testing used to make diagnosis <br />
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They must have all of these elements to be granted a TUE. They don't have to bring it to the Combine but the sooner that they send all of this information to Dr. Brown and Dr. Lombardo, this will be taken care of.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-17002873527749137372010-02-23T11:05:00.002-05:002010-02-23T11:06:14.539-05:00Memo I received today on status of NFL CBA negotiationsTo: NFL Players and Contract Advisors <br />
From: DeMaurice Smith<br />
Date: February 23, 2010<br />
Subject: CBA Negotiations/Restricted Free Agency <br />
<br />
As we quickly approach the beginning of the uncapped year, I wanted to take this opportunity to update you on the NFLPA’s efforts to reach agreement on an extension of the CBA before the beginning of the uncapped year on March 5, 2010. It is our view that obtaining an extension to the CBA prior to the uncapped year is in the best interest of both the players and the owners. However, the terms of any CBA extension must allow for players to get their fair share of NFL revenues while at the same time address the owner’s issues in such a way as to allow them to continue to grow the game of football. All of the NFLPA’s proposals have been crafted with that in mind. The Player Representatives have also been advised of the NFL’s request that players take a pay cut that would move players back to the 1980’s in terms of their share of NFL revenues. <br />
<br />
CBA Bargaining There have been 12 general bargaining sessions with the NFL discussing issues relating to the proposed terms of a new CBA. Comprehensive written proposals and counter proposals have been presented to meaningfully address issues such as the overall player cost/free agency system, revenue sharing, rookie salaries, forfeiture clauses in player contracts, and off-season/pre-season work rules. In addition to NFLPA staff and outside counsel, NFLPA player leadership has been present at all of the sessions. Players attending at least one session include NFLPA President Kevin Mawae, Mark Bruener, Kevin Carter, Tony Richardson, Domonique Foxworth, Chester Pitts, Sean O’Hara, Jay Feely, Pete Kendall and Donovin Darius. These players have contributed valuable insight and perspective in support of NFLPA positions at the bargaining table. On the NFL side, owner representatives in attendance have included John Mara (New York Giants), Mark Murphy (Green Bay Packers), Robert Kraft (New England Patriots), and Ozzie Newsome (Baltimore Ravens). The most recent session was held on February 6, 2010, just prior the Super Bowl, and was attended by the NFL Management Council’s Executive Committee, which is comprised of 10 owners, and chaired by Carolina Panthers owner Jerry Richardson. In addition to the general bargaining sessions, six sub-committees were created to address very specific areas of the CBA. Those sub-committees are as follows: Benefits, Drug Policies, Grievance Procedures, Working Conditions, Injury Data and Licensing/Intellectual Property Rights. The NFLPA has prepared detailed written proposals for each of the areas addressed by these sub-committees and each committee has held no less than three meetings to discuss their respective proposals. In total, we have held more than 30 overall bargaining sessions with the NFL in the past six months. And while we have made progress in some areas, we continue to have significant disagreement with the NFL over their desire to have players take an 18% reduction in their share of revenues given the NFL’s failure to provide meaningful financial data to support the assertion that their costs have increased significantly since the capped system was put into place in 1993. Their demand that the players take such an historic pay cut is even more disturbing given the NFL’s continuing economic growth despite the worst recession in recent history. The NFL has made it clear that the league and its clubs remain profitable. There has not been any statement, affirmative or suggested, by the NFL that any team is losing money. Moreover, the league has rejected any offer to discuss their profit margins, team profitability or any of their teams’ individual financial statements. Players have always been willing to create incentives for NFL owners to develop new revenue streams for their clubs. The G-3 program contained in the existing CBA which provides salary cap credits for new stadiums provides a good example of our commitment to this philosophy. Our current proposal would allow NFL clubs to obtain substantially increased deductions for costs incurred to generate new revenue streams. Another general bargaining session is scheduled for Thursday, February 25, 2010, at the NFL Combine in Indianapolis. <br />
<br />
Uncapped Year While we are doing all that we can to reach a fair agreement with the NFL before the start of the 2010 league year, it appears likely that no new CBA will be reached and the 2010 season will be uncapped. For some players this means that they will be Restricted Free Agents instead of Unrestricted Free Agents since unrestricted free agency in the uncapped year increases from four (4) to six (6) Accrued Seasons. We are sensitive to the impact that this change in the free agency rules will have on these players. Because of this, our most recent proposal to the NFL contains an offer to continue the current capped system for an additional year which would allow the parties ample time to complete work on a long-term CBA. <br />
<br />
The NFLPA just recently won a Special Master decision against the NFL and its clubs which will force the high revenue clubs to share millions of additional dollars with the low revenue, small market clubs during the 2010 season. The decision to pursue this action was based upon our belief that we had to make more money available to sign players in the uncapped year. <br />
<br />
Remember also that the uncapped year provides just that -- no cap or limit on the amount of money a club may spend on player salaries. The last time there was an uncapped season in the NFL was in 1993, and in that season clubs spent collectively over 70% of league revenue on player costs. While we cannot predict what will happen in 2010, we suspect that it will be dependent on the individual player and team. Given the projected increases in NFL revenues for 2010, more money should be available for player salaries than ever before. In addition, keep in mind that each NFL club will be saving approximately $10 million in benefit costs as a result of their not having to fund certain benefits in the uncapped year. That money can and should be used for player salaries. For those players negotiating new contracts in 2010, please keep the NFLPA updated on the status of your negotiations as it will allow us to be informed of the trends in the market for player services. With that information, we can then help all players maximize their ability to get the best contracts possible. In the meantime, the NFLPA will continue its efforts to reach agreement with the league on a new CBA.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-54878345494481503742010-02-18T21:09:00.001-05:002010-02-18T21:09:55.160-05:00Class For 2/15There will be a heavy emphasis on the reading (Chp 14, pgs 649-711...Chp 15, pgs 711-775). Make sure that your read the assigned text. We will also discuss Article VIII of the NFL Collective Bargaining Agreement ... <a href="http://images.nflplayers.com/mediaResources/files/PDFs/General/NFL%20COLLECTIVE%20BARGAINING%20AGREEMENT%202006%20-%202012.pdf"><span style="color: #a64d79;">the link to the CBA is here</span></a> (scroll thru to Article VIII).Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-25974354653645066822010-02-18T01:06:00.000-05:002010-02-18T01:06:04.362-05:00Free Agency: If You Don't Play The Game Right You May Become "Free" From Your ClientNew on Del Duca Sports Blog...<a href="http://delducasports.blogspot.com/2010/02/free-agency-if-you-dont-play-game-right.html">click here</a>. Class stuff up Thursday.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-691554942875843482010-02-10T13:07:00.001-05:002010-02-10T13:14:58.110-05:00Exercises for Monday Class1. You represent a company that is the title sponsor for a sporting event. What protection will you have in the contract with the venue so that your client's marketing dollars will be well spent and/or protected?<br />
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2. Your client Del Duca University is about to hire Dangerous Dan The Felony Man as its new head coach (he's a really good coach) -- how do you draft the contract on behalf of your client the school so that the school is protected from future 'acts' by Dan? You represent Dan -- how can you maximize what he can walk away with if he is fired?<br />
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3. You're asked by the world's <a href="http://en.wikipedia.org/wiki/Sachin_Tendulkar"><span style="color: #a64d79;">best cricket player</span></a> to negotiate his new contract. You don't know poop about him or cricket. What do you do? (saying the tired phrase "Show me the Money!" is not an option)<br />
<br />
4. In the ongoing CBA talks between the NFL Players Association and management the players want more contracts to be guranteed and the owners do not. Develop a position for both sides supporting their views. What's a compromise?<br />
<br />
5. Your client Michael Vick decides that he wants to start a kennel to house dogs overnight ('Mike's Happy Home for Hounds'). What are the issues that must be addressed both in terms of formation of the new business and his future income as it relates to NFL contracts and endorsement contracts? <br />
<br />
All of the above will be discussed in class by the splitting-off of groups. Be prepared to discuss all.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-75725886937878616182010-02-10T12:55:00.002-05:002010-02-10T12:56:19.138-05:00Termination ClauseWe will discuss the below in class:<br />
<br />
<em>7. Termination. If REPRESENTATIVE or PLAYER shall fail to observe or perform any of the obligations created in this Agreement, the non-defaulting party shall have the right to elect to terminate the Agreement if such default is not cured within thirty (30) days after the non-defaulting party shall have given the defaulting party written notice specifying such default. Notice shall be per the provisions of Paragraph Nine (9) herein.</em><br />
<em> </em><em>In terms of an Athletic Contract or Marketing Services contract governed by the terms of Paragraph Five (5) herein if termination occurs prior to the completion of the negotiations for the particular contract, REPRESENTATIVE shall be entitled to compensation equal to the reasonable value of the services performed in the negotiation of such contract. If termination occurs after PLAYER has signed an Athletic Contract and/or Marketing Services contract negotiated by REPRESENTATIVE, the REPRESENTATIVE shall be entitled to his Fee for negotiation of such contract.</em><br />
<br />
<em>In the event of termination, if PLAYER (or his new representative) is subsequently able to renegotiate any Athletic Contract or Marketing Services contract previously negotiated by REPRESENTATIVE prior to expiration of said contract, REPRESENTATIVE shall still be entitled to the Fee he would have been paid pursuant to Paragraph Five (5) herein if the Athletic Contract and/or Marketing Services contract had not been renegotiated.</em>Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-38161332709375773182010-02-10T12:18:00.000-05:002010-02-10T12:18:25.698-05:00Comparing U.S. Sports Contracts to European Sports ContractsTwo good articles to look at for this ... <a href="http://www.majorleaguesoccertalk.com/the-difference-between-an-american-sports-contract-and-a-european-football-contract/7356"><span style="color: #a64d79;">here</span></a> and <a href="http://en.wikipedia.org/wiki/Salary_cap"><span style="color: #a64d79;">here</span></a>. Take a look at them for Monday's upcoming class.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-36893418967966256602010-02-07T16:10:00.010-05:002012-03-16T10:36:33.827-04:00Class Monday 2/8 Is CancelledThe assignment on the Syllabus will all be pushed back one week.<br />
For 2/15 read Text pp. 111-149 (be sure to review the cases in that reading). Also review the below contract -- we will discuss it next week for formation and interpretation issues (spacing is a bit screwed up). Check back on this blog later in the week for more. Presently I have no power and 26 inches of snow in my yard so updating is a bit slow.<br />
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<br />
<div class="Section1"><div class="MsoNormal"><br />
</div><div class="MsoNormal" style="text-align: center;"><u>AGREEMENT</u></div><div class="MsoNormal"><br />
</div><div class="MsoNormal" style="line-height: 200%; text-indent: 0.5in;">THIS AGREEMENT, made and to be effective the 15<sup>th</sup> day of September, 20__ by and between _________________(“Company”) and __________________company (“TP”).</div><div class="MsoNormal" style="line-height: 200%; text-indent: 0.5in;">WHEREAS, TP has previously acquired the license to organize, operate and promote the _______________________event that is held annually in ____________ (the “Event” or “Events”); </div><div class="MsoNormal" style="line-height: 200%; text-indent: 0.5in;">WHEREAS, Company desires to promote its name and products during the 2003 Event and the 2004 Event); and </div><div class="MsoNormal" style="line-height: 200%; text-indent: 0.5in;">WHEREAS, TP has agreed, as hereinafter noted in this Agreement, to provide various marketing and promotional services to Company so that Company may promote its name and products in regard to the 2003 and 2004 Events.</div><div class="MsoNormal" style="line-height: 200%; text-indent: 0.5in;">NOW, THEREFORE, both Company and TP, through their designated authorized representatives, each intending to be legally bound, do hereby agree as follows:</div><div class="MsoNormal" style="text-indent: 0.5in;">1. <u>Duties</u>. For the 2003 and 2004 Events (unless otherwise noted hereinafter), TP will provide the following services for the Company: </div><div class="MsoNormal" style="text-indent: 0.5in;"></div><div class="MsoNormal" style="text-indent: 0.5in;"> (a) assistance with the development and organization of a public area site at the Event where a Company vehicle can be displayed, the location of the site to be mutually agreed upon by the Company and TP; </div><div class="MsoNormal" style="text-indent: 0.5in;"></div><div class="MsoNormal" style="text-indent: 0.5in;"> (b) one advertising page in the official tournament program of the Event, TP providing Company with development and design services in the compiling of the ad; </div><div class="MsoNormal" style="text-indent: 0.5in;"></div><div class="MsoNormal"> (c) accessibility to one loge box at __ with six (6) seats, with six (6) VIP passes given for each day of the Event, and assistance in making various arrangements for the Company’s guest in regard to ticket distributions and related items; </div><div class="MsoNormal"></div><div class="MsoNormal"> (d) assistance to Company representatives so they can hand out press information to journalists attending Event press conferences during the week of the Event; and </div><div class="MsoNormal"></div><div class="MsoNormal"> (e) for Event year 2004, assistance in developing and formulating (within __- rules and regulations) ads of the Company’s name/logo (the “Mark”) to be displayed (within reasonable television camera range as is practically possible) at the following locations: </div><div class="MsoNormal"></div><div class="MsoNormal"> (i) the net referee’s chair on centre court of the Event’s tennis hall (“Centre Court”), </div><div class="MsoNormal"></div><div class="MsoNormal"> (ii) the service speed gun used at Centre Court for the Event, and </div><div class="MsoNormal"></div><div class="MsoNormal"> (iii) on one sixth of the lateral rotating banners used on Centre Court. </div><div class="MsoNormal"></div><div class="MsoNormal" style="text-indent: 0.5in;">In addition, other services can be mutually agreed upon between TP and Company. </div><div class="MsoNormal"></div><div class="MsoNormal"> 2. <u>Representations</u>. Incident to the services and responsibilities of TP as noted in Paragraph One (1) herein, TP also makes the following good faith representations: </div><div class="MsoNormal"></div><div class="MsoNormal"> (a) the Event will be organized and operated in a first class manner in accordance with previous events; and </div><div class="MsoNormal"></div><div class="MsoNormal"> (b) the Event will receive both national and international television coverage, the actual amount and schedule time of said coverage not being guaranteed by TP. </div><div class="MsoNormal"></div><div class="MsoNormal" style="text-indent: 0.5in;">3. <u>Consideration</u>. In consideration of the services to be provided by TP to Company, Company agrees to transfer to MTP (or its designated assignee), full and unencumbered title to the following: </div><div class="MsoNormal" style="text-indent: 0.5in;"></div><div class="MsoNormal" style="text-indent: 0.5in;"> Event Year 2003 </div><div class="MsoNormal" style="text-indent: 0.5in;"></div><div class="MsoNormal" style="text-indent: 0.5in;"> Event Year 2004 </div><div class="MsoNormal" style="text-indent: 0.5in;"></div><div class="MsoNormal" style="text-indent: 0.5in;">Both Company and TP agree that TP is receiving the ________ incident to the services that it is providing to Company per this Agreement, and that TP shall have full and absolute right to sell either or both of the _____ to a third party. In addition, Company agrees that it will ship either or both of the ____________ to the location requested by TP (including the location of TP’s designated assignee of the _____________, if applicable). </div><div class="MsoNormal" style="text-indent: 0.5in;"></div><div class="MsoNormal" style="text-indent: 0.5in;">Company agrees that it will be solely responsible and pay for all transportation costs (i.e., shipping charges, duty, etc.) relating to the shipping of the ____, and will exclusively handle all paperwork incident thereto<b style="mso-bidi-font-weight: normal;">. </b></div><div class="MsoNormal" style="text-indent: 0.5in;">4. <u>Promotional Acts of Company</u>. Incident to the marketing and promotional objectives of Company, it shall be allowed to refer to itself as a sponsor of the “__________ Event”, provided the prior written approval of TP is obtained. </div><div class="MsoNormal" style="text-indent: 0.5in;"></div><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; tab-stops: -1.0in; text-align: justify; text-indent: -0.5in;"> 5. <u>Termination; Default; Costs</u>. </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; text-align: justify;"> A. <u>Termination</u>. This Agreement can be terminated at any time as follows: </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="margin-left: 1in; mso-pagination: widow-orphan; text-align: justify;">(a) by mutual written agreement of Company and TP; or </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="margin-left: 1in; mso-pagination: widow-orphan; text-align: justify;">(b) by the election of a nondefaulting party per the provisions of Paragraph 5.B. herein; or </div><div class="MsoNormal" style="margin-left: 1in; mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="margin-left: 1in; mso-pagination: widow-orphan; text-align: justify;">(c) if TP no longer has the organizational rights to the Event. </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"> B. <u>Default</u>. Either Company or TP shall commit an act of default (“Default”) if Company or TP (the “Defaulting Party”) does not satisfy an obligation that it has per the terms of this Agreement <b style="mso-bidi-font-weight: normal;"><u>and</u></b> the Defaulting Party does not rectify said Default within thirty (30) business days (the “Cure Period”) after written notice of said Default is provided by the nondefaulting party.</div></div><div class="Section2"><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; text-align: justify;"> C. <u>Legal Fees and Costs</u>. In the event a party to this Agreement defaults as to any of its obligations, all legal fees and court costs of the other party should be paid by the defaulting party except for fees of the each party’s “in-house” legal counsel. </div><div class="MsoNormal" style="text-indent: 0.5in;"></div><div class="MsoNormal" style="text-indent: 0.5in;">6. <u>Indemnity</u>. Unless otherwise noted in this Agreement, Both Company and TP agree to protect, indemnify, and save harmless the other and the other’s respective employees, agents, consultants, and representatives, from and against any and all expenses, damages, claims, suits, actions, judgments, and costs whatsoever, including attorney’s fees, arising out of, or in any way connected with, any claim or action, including but not limited to, personal injury, property damage, or death resulting from any act or omission pertaining to the obligations of either the Company or TP in regard to this Agreement. </div><div class="MsoNormal"></div><div class="MsoNormal" style="text-indent: 0.5in;">7. <u>Assignment</u>. Neither party to this Agreement shall be able to assign and/or sublicense any or all of its respective rights and obligations herein without prior written consent of the other, an authorized assignee being subject to all the rights and obligations noted in this Agreement. Notwithstanding the previous sentence, however, and as noted in Paragraph Three (3) herein, TP shall have the exclusive authority to designate a third party as the recipient of the consideration it receives per this Agreement. </div><div class="MsoNormal"></div><div class="MsoNormal" style="text-indent: 0.5in;">8. <u>Notice</u>. All notices and other communications from either party to the other hereunder shall be given in writing at the respective address of the Company and TP as provided in this Paragraph Eight (8), unless either party at any time or times designates another address for itself by notifying the other party thereof by express mail courier, in which case all notices to such party shall thereafter be given at its most recently so designated address. Notice shall be deemed satisfied and effective on (a) the date of receipt when sent by express commercial courier, or (b) on the day of sending by facsimile machine if sent to the hereinafter noted facsimile numbers (or provided successor) and transmission is confirmed. </div><div class="MsoNormal" style="text-indent: 0.5in;"></div><div class="MsoNormal" style="text-indent: 1in;">Notice shall be sent to the following addresses: </div><div class="MsoNormal" style="text-indent: 1in;"></div><div class="MsoNormal" style="text-indent: 1in;">To Company: </div><div class="MsoNormal" style="text-indent: 2in;"><br />
</div><div class="MsoNormal" style="text-indent: 1in;">To TP: <br />
</div><div class="MsoNormal" style="text-indent: 0.5in;">9. <u>Waiver</u>. The failure of TP and/or Company at any time to demand strict performance by the other of any of the terms, covenants or conditions set forth herein, including the termination provisions of Paragraph Five (5) herein, shall not be construed as a continuing waiver of relinquishment thereof, and either party may, at any time, demand strict and complete performance by the other of said terms, covenants and conditions.</div></div><div class="Section3"><div class="MsoNormal" style="text-indent: 0.5in;">10. <u>Confidentiality</u>. All provisions of this Agreement shall be kept strictly confidential and not be released by either TP or Company for public knowledge, whether directly or indirectly, unless to either party’s legal representative or as required by law. </div><div class="MsoNormal"></div><div class="MsoNormal" style="text-indent: 0.5in;">11. <u>Governing Law; Jurisdiction</u>. The interpretation, construction, validity and performance of this Agreement shall be governed in all respects in accordance with the laws of ______. The parties hereto agree to submit to the exclusive jurisdiction of the courts of ______.</div><div class="MsoNormal"></div><div class="MsoNormal" style="text-indent: 0.5in;">12. ______<u>Approval</u>. Notwithstanding any other provisions of this Agreement, the rights of the Company to promote its Mark as noted in this Agreement shall be subject to the rules and regulations of the _____, the relevant broadcasting authorities and the advertising standards and laws of the country of _______.</div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"> 13. <u>Miscellaneous</u>. </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; text-align: justify;"> A. Except as otherwise provided herein, all costs and expenses incurred by both parties in performing their particular activities shall be borne by said particular party. </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; text-align: justify;"> B. Nothing in this Agreement shall constitute or shall be constructed as constituting a partnership or joint venture between Company and TP.</div></div><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; text-align: justify;"> C. This Agreement contains the full and complete understanding of the parties hereto, supersedes all prior agreements and understandings, whether written or oral. This Agreement cannot be modified except by a written instrument signed by each party hereto. </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoBodyTextIndent"> D. Both Company and TP confirm and covenant that at the time of the signing of this Agreement they are each duly formed entities in existence in compliance with the laws of their jurisdiction. </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; text-align: justify;"> E. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and do not constitute a part of this Agreement. </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify; text-indent: 0.5in;"> F. Provisions contained in the preamble (i.e. “WHEREAS”) shall be given full legal effect. </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; text-align: justify;"> G. This Agreement may be executed in multiple counterparts, all documents to be considered one (1) legally binding document. </div><div class="MsoNormal" style="mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; text-align: justify;"> H. The Company shall have the first right to extend the term of this Agreement for the year 2005 if notice of said option exercise is given to TP in writing on or before the last day ____ of the 2004 Event.</div><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; text-align: justify;"></div><div class="MsoNormal" style="margin-left: 0.5in; mso-pagination: widow-orphan; text-align: justify;">Made the date first noted herein. </div><div class="MsoNormal"></div><div class="MsoNormal"><b style="mso-bidi-font-weight: normal;"> </b><u>Company:</u> </div><div class="MsoNormal"> </div><div class="MsoNormal"> ____________________ </div><div class="MsoNormal"> By: </div><div class="MsoNormal"> its ________________ </div><div class="MsoNormal"> <u> </u><br />
<br />
<u><br />
</u><br />
TP<br />
<br />
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<div> By: ______________, , its Director</div><div class="MsoNormal"></div></div>Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-46738454809620553402010-02-04T17:23:00.001-05:002010-02-04T17:41:33.424-05:00New Article on Del Duca Sports BlogNaming Rights Deals: <a href="http://www.delducasports.blogspot.com/"><span style="color: #a64d79;">Is Your Product Associated with a Sucky Team?</span></a>Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-48200693660666515512010-01-31T11:43:00.002-05:002010-01-31T11:56:12.398-05:00Sample Poor Contract LanguageIn class we will break off into 10 groups (approximately 7 students per group) and discuss the interpretation of the following clauses that I have seen in various contracts (each group will be given a clause to interpret and present to the class). Analyze each provision to see if it is definitive. Can it be made clearer?<br />
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1. Player will receive a bonus of $50,000 if he is selected to the Pro Bowl. <br />
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2. For any Canadian Football League post-season honor received by player, he will be paid a bonus of $75,000.<br />
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3. If player plays in 50% or more plays in the NFL season, he will be paid $100,000.<br />
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4. In exchange for receiving a fee of $250,000 in 2010, Player is to provide 5 promotional appearances.<br />
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5. If player scores 25 points during the NHL season, he will receive $50,000; if he scores 50 points during the NHL season, he will receive $75,000; if player scores 100 points during the NHL season, he will receive $100,000.<br />
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6. If driver fails to complete 50 laps in a NASCAR race, he will forfeit a pro-rata portion of his salary for the race.<br />
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7. If player in ranked in the top 5 in shooting percentage in the NBA, he shall receive $100,000.<br />
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8. If the WTA Essen event is cancelled, the venue rental fee of 1 million shall be returned to the Event promoter.<br />
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9. If Player leads the team in yards, he will receive $50,000 and his base salary will increase by $50,000.<br />
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10. If it is determined that player has suffered an injury to his shoulder, he will not be paid and will be obligated to return all monies back.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.comtag:blogger.com,1999:blog-7413145641303895479.post-28767542197342213422010-01-31T10:55:00.002-05:002010-02-04T17:41:12.680-05:00Prohibited Activities - NBA Player ContractThe entire sample NBA player performance contract <a href="http://www.nbpa.com/cba_exhibits/exhibitA.php"><span style="color: #a64d79;">can be found here</span></a>. Here's the part that we will discuss in class:<br />
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12.OTHER ATHLETIC ACTIVITIES.<br />
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The Player and the Team acknowledge and agree that the Player's participation in certain other activities may impair or destroy his ability and skill as a basketball player, and the Player's participation in any game or exhibition of basketball other than at the request of the Team may result in injury to him. Accordingly, the Player agrees that he will not, without the written consent of the Team, engage in any activity that a reasonable person would recognize as involving or exposing the participant to a substantial risk of bodily injury including, but not limited to: (i) sky-diving, hang gliding, snow skiing, rock or mountain climbing (as distinguished from hiking), rappelling, and bungee jumping; (ii) any fighting, boxing, or wrestling; (iii) driving or riding on a motorcycle or moped; (iv) riding in or on any motorized vehicle in any kind of race or racing contest; (v) operating an aircraft of any kind; (vi) engaging in any other activity excluded or prohibited by or under any insurance policy which the Team procures against the injury, illness or disability to or of the Player, or death of the Player, for which the Player has received written notice from the Team prior to the execution of this Contract; or (vii) participating in any game or exhibition of basketball, football, baseball, hockey, lacrosse, or other team sport or competition. If the Player violates this Paragraph 12, he shall be subject to discipline imposed by the Team and/or the Commissioner of the NBA. Nothing contained herein shall be intended to require the Player to obtain the written consent of the Team in order to enable the Player to participate in, as an amateur, the sports of golf, tennis, handball, swimming, hiking, softball, volleyball, and other similar sports that a reasonable person would not recognize as involving or exposing the participant to a substantial risk of bodily injury.Del Duca Sports Bloghttp://www.blogger.com/profile/04979727442577956217noreply@blogger.com