Official Thread to Discuss Boris Berian's Contract

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.

The unclean hands argument is BS. Boris and his agent simply refused to deal with Nike for months. They went so far as to revoke acceptance of service for BB attorney.

That is a loser arg

Also didn't Boris set his PR in Nikes?

If Boris hated Nike he shoukd have worked with them or wait 180 days.

LetsRun.com wrote:

- the other is he doesn't like their shoes as he bombed out of USAs the first time he competed in them last year.

Oh man,, you sure are guillible. Didn't you go to an ivy league.. you should get a refund

stumpy mct wrote:

LetsRun.com wrote:

- the other is he doesn't like their shoes as he bombed out of USAs the first time he competed in them last year.

Oh man,, you sure are guillible. Didn't you go to an ivy league.. you should get a refund

Exactly Keyans nearly run in anything but poor Boris has senative feet.

stupid

Boscow third wrote:

Boris and his agent simply refused to deal with Nike for months.

0/10

Nothing to see here. Nike wears big boy pants. Cap-Gun Capriotti shot himself in the foot inventing onerous, additive reduction clauses.

stumpy mct wrote:

Oh man,, you sure are guillible. Didn't you go to an ivy league.. you should get a refund

Who taught you to use double commas, two-dot ellipses, and dropping paragraph ending periods? Middle school kids know better.

Did you guys delete the flotrack link?

Perhaps there are still missing documents, perhaps Nike submitted another revision of the contract with those clauses removed, perhaps there was an addendum that invalidated some of the terms that were in Nike's generic athlete contracts. If that's the case, Nike better release them quickly.

Otherwise, this looks really bad for Nike. And it makes you wonder how they assumed that they could win this case. It is beginning to look more like an intimidation tactic, not primarily aimed at Berian, but at others who might be tempted to jump ship, and who don't have the resources to defend themselves in the way Berian has.

On another note, the number of empty posts "defending" Nike is quite amusing. Although this message board may be "world famous", no amount of shill postings here is likely to make a dent into the amount reputational dammage Nike is inflicting upon themselves. Hate to say it, but publications like The Washington Post, the New York Times or even NBC reach far more runners...

Querfeldein wrote:

And it makes you wonder how they assumed that they could win this case. It is beginning to look more like an intimidation tactic, not primarily aimed at Berian, but at others who might be tempted to jump ship, and who don't have the resources to defend themselves in the way Berian has.

Berian has resources? He was working in McDonalds. They chose Berian *because* he can't possibly outlast Nike lawyers. This is a slam dunk. They can, and will, grind Berian to dust.

The message to every athlete at that level is, "You had better stay with Nike, or else."

Nike Deal wrote:

Boscow third wrote:

Boris and his agent simply refused to deal with Nike for months.

0/10

Nothing to see here. Nike wears big boy pants. Cap-Gun Capriotti shot himself in the foot inventing onerous, additive reduction clauses.

You mean clauses that require you to actually race. You knoe. Their only job.

Yeah Cap is a slave driver. 10 meets a year is a killer schedule.

pop_pop!_v2.2.1 wrote:

Querfeldein wrote:

And it makes you wonder how they assumed that they could win this case. It is beginning to look more like an intimidation tactic, not primarily aimed at Berian, but at others who might be tempted to jump ship, and who don't have the resources to defend themselves in the way Berian has.

Berian has resources? He was working in McDonalds. They chose Berian *because* he can't possibly outlast Nike lawyers. This is a slam dunk. They can, and will, grind Berian to dust.

The message to every athlete at that level is, "You had better stay with Nike, or else."

Oh the bittrt poop poop! has spoken. The message should read your contracts. Boris had an easy out.

Gurufhugfhvh wrote:

You mean clauses that require you to actually race. You knoe. Their only job.

Yeah Cap is a slave driver. 10 meets a year is a killer schedule.

You should go work for the Nike under Capriotti. You will be happy to sign a contract that actually requires you to work, and not troll the internet from your Nike work computer. Each time you are caught trolling will result in a 25% pay reduction. Get caught 4 times receive zero pay. Get caught 5 times and owe Nike money, and get fired.

Fine Prints wrote:

Gurufhugfhvh wrote:

You mean clauses that require you to actually race. You knoe. Their only job.

Yeah Cap is a slave driver. 10 meets a year is a killer schedule.

You should go work for the Nike under Capriotti. You will be happy to sign a contract that actually requires you to work, and not troll the internet from your Nike work computer. Each time you are caught trolling will result in a 25% pay reduction. Get caught 4 times receive zero pay. Get caught 5 times and owe Nike money, and get fired.

Is this English?

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.

Gurufhugfhvh wrote:

Fine Prints wrote:

You should go work for the Nike under Capriotti. You will be happy to sign a contract that actually requires you to work, and not troll the internet from your Nike work computer. Each time you are caught trolling will result in a 25% pay reduction. Get caught 4 times receive zero pay. Get caught 5 times and owe Nike money, and get fired.

Is this English?

Yes, your second language, Engrish.

over is over wrote:

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.

Nike states new terms for a follow up contract that DID NOT EXIST in the prior contract ended. Why is this so hard for people like you to grasp? It is called Bait and Switch.

Wouldn't they do reductions applied to the new base compensation after one reduction?

So $125,00 * .5= $62,500,

Then $62,500 * .75 = $46,875

Finally $46,875 * .8 = $37,500

It's clear the agent was playing games and not acting in good faith. He basically admits he was looking for ways to evade Nike's right to match offers. He included no reductions in his bullet points to nb but somehow neglected to include that in the offer sheet he conveyed to Nike. Nike asked about reductions, but agent can't produce any written response in which he confirmed lack of reductions. He even admits in his own deposition that he hoped to continue negotiations, and that Berian didn't want to wear Nike. This would be fine if Berian wasn't bound by the initial contract.

The discussion about specifics of reductions is noise, and had the agent or nb made no reductions clear in offer sheet, Nike may have excluded them or simply let him walk. But it's ridiculous to expect them to exclude reductions clause for no good reason (esp with an athlete who bombed under initial contract).

The discussion about reductions is not NOISE. That is part of the hardball game Nike is playing. If Nike thinks they can continue to force those reductions on future athletes they need to guess again.

A horrible PR move by Nike. Shills like you will not turn this lawsuit loss into a win for Capriotti. He loses, as he should for being too blind to realize he went too far.