LetsRun.com wrote:
The reduction clauses are now out and they were big.
http://www.letsrun.com/news/2016/06/court-filings-reveal-nikes-proposed-contract-boris-berian-full-reductions-contract-even-terminated-berian-injured-didnt-compete-180-days/Court documents reveal that Nike certainly didn't agree to pay Berian a minimum of $375,000 over three years ($125,000 per year). Nike wanted to have the right to terminate the agreement entirely if Berian was injured and didn't compete for 180 days. If Berian got injured and only competed a handful of times and didn't make Worlds and wasn't ranked in the top 10 in the world, they wanted to be able to reduce his pay from $125,000 to $6,250. If he died or was permanently disabled, they also wanted to be able to cancel the deal. Berian says that's one reason why he doesn't want to run for Nike - the other is he doesn't like their shoes as he bombed out of USAs the first time he competed in them last year.
Im not sure why why any debate here makes sense. Nike states its terms of doing business, in this case hiring an athlete to do a certain job. If the athlete fails at his job or for other reasons is unable to perform pay is reduced or they are released. Its doesn't matter what any other shoe companies contracts read, this is what Nike terms of business state. Athlete and Agent can decide wether or not they want to agree to terms within the given time period.
Mistake here is agent wanted to play it out looking a for a better deal.Terms are the terms black and white. Agent played his cards that Nike would not come back to them thinking no movement on retraction clause ,contract would quietly disappear and Nike would forget the signed agreement.Boris surround himself with ill-informed, un-educated people in contract negotiations.
Emotional justice or the morally right thing to do not play out in court, what was signed and when. Where the said terms followed or not?Question will be asked of agent and athlete did you read the contract, did you understand the terms, did you understand the timeline.
Answers like,not really, or LetsRun website says this or coach thinks this is not right will not fly in court.