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	<title>Comments on: Will the Record Mean Anything for Borris?</title>
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	<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/</link>
	<description>A blog for sports agents: Discussing sports business news, Sports Law, and other interesting sports related material</description>
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		<title>By: LW</title>
		<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/comment-page-1/#comment-42979</link>
		<dc:creator>LW</dc:creator>
		<pubDate>Sun, 12 Aug 2007 13:42:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.dhpromo.com/blog/?p=623#comment-42979</guid>
		<description>Very subjective and very slippery, the very reasons why organizations (such as McDonalds) put them in their contracts. It&#039;s usually used as a guideline, relatively hard to get out of a contract commitment with it. But it is a great bargaining chip I imagine. For example, if you have Player X get in trouble because of domestic violence, a moral clause could probably wiggle Company Y out of their contract. Or at the very least, help Company Y negotiate a settlement instead of going to court.

There&#039;s also a &quot;morals clause&quot; in most NBA contracts too. I imagine it&#039;s much the same for the NFL, MLB, etc.. Here&#039;s an example of what a morals clause for a contract between an NBA player and team reads like &quot;at any time fails, refuses or neglects to conform his personal conduct to standards of good citizenship, good moral character (defined here to mean not engaging in acts of moral turpitude, whether or not such acts would constitute a crime), and good sportsmanship, to keep himself in first-class physical condition, or to obey the team&#039;s training rules.&quot;

In case you&#039;re interested in reading more about the &quot;morals clause&quot; Jason check out this link I found: http://marketing.about.com/cs/customerfocused/a/kobebryantendor.htm

Hope this helps you.</description>
		<content:encoded><![CDATA[<p>Very subjective and very slippery, the very reasons why organizations (such as McDonalds) put them in their contracts. It&#8217;s usually used as a guideline, relatively hard to get out of a contract commitment with it. But it is a great bargaining chip I imagine. For example, if you have Player X get in trouble because of domestic violence, a moral clause could probably wiggle Company Y out of their contract. Or at the very least, help Company Y negotiate a settlement instead of going to court.</p>
<p>There&#8217;s also a &#8220;morals clause&#8221; in most NBA contracts too. I imagine it&#8217;s much the same for the NFL, MLB, etc.. Here&#8217;s an example of what a morals clause for a contract between an NBA player and team reads like &#8220;at any time fails, refuses or neglects to conform his personal conduct to standards of good citizenship, good moral character (defined here to mean not engaging in acts of moral turpitude, whether or not such acts would constitute a crime), and good sportsmanship, to keep himself in first-class physical condition, or to obey the team&#8217;s training rules.&#8221;</p>
<p>In case you&#8217;re interested in reading more about the &#8220;morals clause&#8221; Jason check out this link I found: <a href="http://marketing.about.com/cs/customerfocused/a/kobebryantendor.htm" rel="nofollow">http://marketing.about.com/cs/customerfocused/a/kobebryantendor.htm</a></p>
<p>Hope this helps you.</p>
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		<title>By: Jason Wulterkens</title>
		<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/comment-page-1/#comment-42886</link>
		<dc:creator>Jason Wulterkens</dc:creator>
		<pubDate>Sat, 11 Aug 2007 19:06:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.dhpromo.com/blog/?p=623#comment-42886</guid>
		<description>Moral clause?  Talk about a subjective and slippery slope, no?  Any idea how such a clause is typically worded?</description>
		<content:encoded><![CDATA[<p>Moral clause?  Talk about a subjective and slippery slope, no?  Any idea how such a clause is typically worded?</p>
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		<title>By: LW</title>
		<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/comment-page-1/#comment-42695</link>
		<dc:creator>LW</dc:creator>
		<pubDate>Fri, 10 Aug 2007 01:55:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.dhpromo.com/blog/?p=623#comment-42695</guid>
		<description>Oops. By morale I mean morals.</description>
		<content:encoded><![CDATA[<p>Oops. By morale I mean morals.</p>
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		<title>By: LW</title>
		<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/comment-page-1/#comment-42693</link>
		<dc:creator>LW</dc:creator>
		<pubDate>Fri, 10 Aug 2007 01:53:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.dhpromo.com/blog/?p=623#comment-42693</guid>
		<description>Depends on the contract Jason, but usually it&#039;s very hard to terminate an endorsement contract without a conviction. I know that this was the case for a few NBA player&#039;s with charges such as possession of drugs, Kobe&#039;s alleged rape, weapons charges. Also depends on the morale clause within the contract. Most endorses will have some sort of morale clause, which can lead to immediate termination if broken. Dog fighting could fall under that, not sure, there were rumors back in &#039;03 that McDonalds would try and use Kobe&#039;s admitted adultery to terminate his contract. They&#039;d insist that as they&#039;re family oriented it was in direct relation. Didn&#039;t happen though and they just waited till January.

Has Vick actually lost any endorsement contracts yet? The companies have probably just pulled all relationships and suspended his contract till a conviction.</description>
		<content:encoded><![CDATA[<p>Depends on the contract Jason, but usually it&#8217;s very hard to terminate an endorsement contract without a conviction. I know that this was the case for a few NBA player&#8217;s with charges such as possession of drugs, Kobe&#8217;s alleged rape, weapons charges. Also depends on the morale clause within the contract. Most endorses will have some sort of morale clause, which can lead to immediate termination if broken. Dog fighting could fall under that, not sure, there were rumors back in &#8216;03 that McDonalds would try and use Kobe&#8217;s admitted adultery to terminate his contract. They&#8217;d insist that as they&#8217;re family oriented it was in direct relation. Didn&#8217;t happen though and they just waited till January.</p>
<p>Has Vick actually lost any endorsement contracts yet? The companies have probably just pulled all relationships and suspended his contract till a conviction.</p>
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		<title>By: Jason Wulterkens</title>
		<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/comment-page-1/#comment-42643</link>
		<dc:creator>Jason Wulterkens</dc:creator>
		<pubDate>Thu, 09 Aug 2007 17:12:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.dhpromo.com/blog/?p=623#comment-42643</guid>
		<description>&quot;Usually dropping an endorser of your product when a structured contract is in place, without the option to terminate at any time, is impossible.&quot;

That&#039;s an interesting question that I was thinking about in relation to the Vick matter.  What is the language of a typical endorsement contract vis a vis the right of each side to terminate?</description>
		<content:encoded><![CDATA[<p>&#8220;Usually dropping an endorser of your product when a structured contract is in place, without the option to terminate at any time, is impossible.&#8221;</p>
<p>That&#8217;s an interesting question that I was thinking about in relation to the Vick matter.  What is the language of a typical endorsement contract vis a vis the right of each side to terminate?</p>
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		<title>By: LW</title>
		<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/comment-page-1/#comment-42588</link>
		<dc:creator>LW</dc:creator>
		<pubDate>Thu, 09 Aug 2007 07:24:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.dhpromo.com/blog/?p=623#comment-42588</guid>
		<description>Jonesonthenba beat me to it. Some fact checking should have been done before posting.

Kobe left Adidas in July of &#039;02. No company dropped Kobe like a bad habit. No contracts were canceled, probably because companies were aware of how Fila lost out to Webber a few years back after canceling his shoe deal without a conviction. McDonald&#039;s and Nutella chose not to renew their endorsement deals with Bryant in January of &#039;04, when they had an option to cancel. Usually dropping an endorser of your product when a structured contract is in place, without the option to terminate at any time, is impossible. Can&#039;t legally happen without a settlement. Of course, it does depend on the contract...but without a conviction there&#039;s no termination.

As Jones stated, he had no shoe deal from Mid-July of &#039;02 till the 24th of June &#039;03. Kobe signed with Nike a few days before the allegations. Allegations became news around the start of July.</description>
		<content:encoded><![CDATA[<p>Jonesonthenba beat me to it. Some fact checking should have been done before posting.</p>
<p>Kobe left Adidas in July of &#8216;02. No company dropped Kobe like a bad habit. No contracts were canceled, probably because companies were aware of how Fila lost out to Webber a few years back after canceling his shoe deal without a conviction. McDonald&#8217;s and Nutella chose not to renew their endorsement deals with Bryant in January of &#8216;04, when they had an option to cancel. Usually dropping an endorser of your product when a structured contract is in place, without the option to terminate at any time, is impossible. Can&#8217;t legally happen without a settlement. Of course, it does depend on the contract&#8230;but without a conviction there&#8217;s no termination.</p>
<p>As Jones stated, he had no shoe deal from Mid-July of &#8216;02 till the 24th of June &#8216;03. Kobe signed with Nike a few days before the allegations. Allegations became news around the start of July.</p>
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		<title>By: JONESONTHENBA</title>
		<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/comment-page-1/#comment-42537</link>
		<dc:creator>JONESONTHENBA</dc:creator>
		<pubDate>Wed, 08 Aug 2007 22:19:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.dhpromo.com/blog/?p=623#comment-42537</guid>
		<description>The only thing is that Adidas didn&#039;t drop Kobe. It was a mutual agreement not to extend their deal that occured long before the Colorado incident. He wanted to go to another shoe company and was a free agent throughout the 2002-2003 Season. He signed his deal with Nike right before the Colorado case.

http://sportsillustrated.cnn.com/basketball/news/2002/07/15/bryant_adidas_ap/</description>
		<content:encoded><![CDATA[<p>The only thing is that Adidas didn&#8217;t drop Kobe. It was a mutual agreement not to extend their deal that occured long before the Colorado incident. He wanted to go to another shoe company and was a free agent throughout the 2002-2003 Season. He signed his deal with Nike right before the Colorado case.</p>
<p><a href="http://sportsillustrated.cnn.com/basketball/news/2002/07/15/bryant_adidas_ap/" rel="nofollow">http://sportsillustrated.cnn.com/basketball/news/2002/07/15/bryant_adidas_ap/</a></p>
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		<title>By: Jason Wulterkens</title>
		<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/comment-page-1/#comment-42536</link>
		<dc:creator>Jason Wulterkens</dc:creator>
		<pubDate>Wed, 08 Aug 2007 22:15:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.dhpromo.com/blog/?p=623#comment-42536</guid>
		<description>Personally, I&#039;d bet Boris, and most agents for that matter, know precisely what their clients are supplementing with and/or injecting.  If that&#039;s the case, Boris should have seen and anticipated the financial fallout from this, just as much as Bonds should have seen and anticipated it when his relationship with BALCO, and his personal trainer, &quot;allegedly&quot; started back in 1999.</description>
		<content:encoded><![CDATA[<p>Personally, I&#8217;d bet Boris, and most agents for that matter, know precisely what their clients are supplementing with and/or injecting.  If that&#8217;s the case, Boris should have seen and anticipated the financial fallout from this, just as much as Bonds should have seen and anticipated it when his relationship with BALCO, and his personal trainer, &#8220;allegedly&#8221; started back in 1999.</p>
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		<title>By: Samyr Laine</title>
		<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/comment-page-1/#comment-42488</link>
		<dc:creator>Samyr Laine</dc:creator>
		<pubDate>Wed, 08 Aug 2007 15:42:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.dhpromo.com/blog/?p=623#comment-42488</guid>
		<description>Haha; and I&#039;m sure he&#039;ll at least appreciate that!</description>
		<content:encoded><![CDATA[<p>Haha; and I&#8217;m sure he&#8217;ll at least appreciate that!</p>
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		<title>By: Darren</title>
		<link>http://www.sportsagentblog.com/2007/08/08/will-the-record-mean-anything-for-borris/comment-page-1/#comment-42478</link>
		<dc:creator>Darren</dc:creator>
		<pubDate>Wed, 08 Aug 2007 15:11:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.dhpromo.com/blog/?p=623#comment-42478</guid>
		<description>San Francisco*</description>
		<content:encoded><![CDATA[<p>San Francisco*</p>
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