What's in a pro contract?
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All this talk about Ulrich and his contract got me thinking. Just what is in a typical pro contract?
Can the team force a rider to enter a race (baring injury of course) or bar a rider from a race? Can
the team dictate training regiments or mandate levels of fitness? Does something in a contract force
a rider to act as a domestique if so directed by the director? If a personal coach tells a rider to
train and ride one way, can a team force a rider to train another way?
Or are all these things mainly enforced through the ever-present threat of blacklisting?
Do they have clauses prohibiting them from engaging in "risky" activities such as skydiving, alpine
skiing, or motorcycling (I know pro basketball and football players have such clauses)?
Or are they riders more like independent contractors and are expected to show up capable of doing
the job, and the team isn't too concerned about how?
Just curious.
Sections 2.16 - 2.18 of the UCI rulebook (http://www.uci.ch (http://www.uci.ch/)) include a lot of info on this,
including models for the basic contracts. A lot of contracts will include additional materials, of
course, but the UCI sets the basic guidelines.
David
------
Fastest Fat Climber wrote:
> All this talk about Ulrich and his contract got me thinking. Just what is in a typical pro
> contract?
>
> Can the team force a rider to enter a race (baring injury of course) or bar a rider from a race?
> Can the team dictate training regiments or mandate levels of fitness? Does something in a contract
> force a rider to act as a domestique if so directed by the director? If a personal coach tells a
> rider to train and ride one way, can a team force a rider to train another way?
>
> Or are all these things mainly enforced through the ever-present threat of blacklisting?
>
> Do they have clauses prohibiting them from engaging in "risky" activities such as skydiving,
> alpine skiing, or motorcycling (I know pro basketball and football players have such clauses)?
>
> Or are they riders more like independent contractors and are expected to show up capable of doing
> the job, and the team isn't too concerned about how?
>
> Just curious.
"Fastest Fat Climber" <none@u.biz> wrote in message news:QridnaLAFpqwNTuiRVn-vA@aros.net...
> All this talk about Ulrich and his contract got me thinking. Just what is in a typical pro
> contract?
Yes.
>
> Can the team force a rider to enter a race (baring injury of course) or
bar
> a rider from a race? Can the team dictate training regiments or mandate levels of fitness? Does
> something in a contract force a rider to act as a domestique if so directed by the director? If a
> personal coach tells a
rider
> to train and ride one way, can a team force a rider to train another way?
>
> Or are all these things mainly enforced through the ever-present threat of blacklisting?
>
> Do they have clauses prohibiting them from engaging in "risky" activities such as skydiving,
> alpine skiing, or motorcycling (I know pro basketball
and
> football players have such clauses)?
>
> Or are they riders more like independent contractors and are expected to show up capable of doing
> the job, and the team isn't too concerned about how?
>
> Just curious.
Most pro contracts are probably standard boiler-plate. In the instances of marquee riders, such as
Jan, there can be anything.
Fastest Fat Climber wrote:
> All this talk about Ulrich and his contract got me thinking. Just what is in a typical pro
> contract?
>
> Can the team force a rider to enter a race (baring injury of course) or bar a rider from a race?
> Can the team dictate training regiments or mandate levels of fitness? Does something in a contract
> force a rider to act as a domestique if so directed by the director? If a personal coach tells a
> rider to train and ride one way, can a team force a rider to train another way?
>
> Or are all these things mainly enforced through the ever-present threat of blacklisting?
>
> Do they have clauses prohibiting them from engaging in "risky" activities such as skydiving,
> alpine skiing, or motorcycling (I know pro basketball and football players have such clauses)?
>
> Or are they riders more like independent contractors and are expected to show up capable of doing
> the job, and the team isn't too concerned about how?
>
> Just curious.
No one can force anyone to do anything that they themselves do not agree to do, contractually
speaking. Does that answer your question?
The better question is: Do most riders have the balls to make their contracts work in their own
favor? Answer: Prolly not. Some do, some don't. Most don't. Just as most rock bands will bend over
backwards to sign any bad deal put in front of them.
"Fastest Fat Climber" <none@u.biz> wrote in message news:<QridnaLAFpqwNTuiRVn-vA@aros.net>...
> All this talk about Ulrich and his contract got me thinking. Just what is in a typical pro
> contract?
>
> Can the team force a rider to enter a race (baring injury of course) or bar a rider from a race?
> Can the team dictate training regiments or mandate levels of fitness? Does something in a contract
> force a rider to act as a domestique if so directed by the director? If a personal coach tells a
> rider to train and ride one way, can a team force a rider to train another way?
>
> Or are all these things mainly enforced through the ever-present threat of blacklisting?
>
> Do they have clauses prohibiting them from engaging in "risky" activities such as skydiving,
> alpine skiing, or motorcycling (I know pro basketball and football players have such clauses)?
>
> Or are they riders more like independent contractors and are expected to show up capable of doing
> the job, and the team isn't too concerned about how?
>
> Just curious.
No, it doesn't. Obviously the my questions assumes the most basic principle of contract law... if
you don't reach an agreement to begin with, there's no contract.
For those "Literals" out there perhaps I should have asked what a typical pro "boiler plate"
contract contains... does the UCI/collective bargaining/common practice/tradition prohibit...
"kaiser" <k_sultze@hotmail.com> wrote in message
news:6fe15cc0.0311031451.6c6126b8@posting.google.com...
> No one can force anyone to do anything that they themselves do not agree to do, contractually
> speaking. Does that answer your question?
>
> The better question is: Do most riders have the balls to make their contracts work in their own
> favor? Answer: Prolly not. Some do, some don't. Most don't. Just as most rock bands will bend over
> backwards to sign any bad deal put in front of them.
>
> "Fastest Fat Climber" <none@u.biz> wrote in message
news:<QridnaLAFpqwNTuiRVn-vA@aros.net>...
> > All this talk about Ulrich and his contract got me thinking. Just what
is
> > in a typical pro contract?
> >
> > Can the team force a rider to enter a race (baring injury of course) or
bar
> > a rider from a race? Can the team dictate training regiments or mandate levels of fitness? Does
> > something in a contract force a rider to act as
a
> > domestique if so directed by the director? If a personal coach tells a
rider
> > to train and ride one way, can a team force a rider to train another
way?
> >
> > Or are all these things mainly enforced through the ever-present threat
of
> > blacklisting?
> >
> > Do they have clauses prohibiting them from engaging in "risky"
activities
> > such as skydiving, alpine skiing, or motorcycling (I know pro basketball
and
> > football players have such clauses)?
> >
> > Or are they riders more like independent contractors and are expected to show up capable of
> > doing the job, and the team isn't too concerned about how?
> >
> > Just curious.
"Fastest Fat Climber" <none@u.biz> wrote in message news:QridnaLAFpqwNTuiRVn-vA@aros.net...
> All this talk about Ulrich and his contract got me thinking. Just what is in a typical pro
> contract?
>
> Can the team force a rider to enter a race (baring injury of course)
Usually, though some contracts (Botero's early-season stuff, for a start) may have get-outs.
> or bar a rider from a race?
Yes.
> Can the team dictate training regiments
Some teams, for some riders.
> or mandate levels of fitness?
This one is hard to define - how fit was Armstrong before the tour? Cipo before the Vuelta? You'd
have difficulty specifying it in a contract.
> Does something in a contract force a rider to act as a domestique if so directed by the director?
If it has a clause stating that you must follow the DS's race instructions at all times. However you
have to be very good to get away with ignoring the DS repeatedly anyway, or no-one will ever hire
you again.
> If a personal coach tells a rider to train and ride one way, can a team force a rider to train
> another way?
Covered by dictating training regimen.
> Or are all these things mainly enforced through the ever-present threat of blacklisting?
That's usually the main pressure; you can't really build a court case for breach of contract on
anything other than not showng for a race / training session. Anything else is covered by 'I felt
bad, that was why I went light / buggered off to judge a beauty contest.'
Peter
danschmatz@aol.com (DanSchmatz) wrote in message
news:<20031103223259.17118.00000311@mb-m07.aol.com>...
> Here are some articles that may be in a typical Pro contract:
>
> Services of Rider as Independent Contractor Racing Service Promotional Services Promotional Rights
> of Company Conduct of Rider Term of Agreement Payments to Rider Reimbursement of Expenses; Riders
> Condition and Drug or Medical Tests Equipment and Clothing Rider as Independent Contractor Riders
> Assumption of Risk, Release and Waiver Confidentiality Termination Miscellaneous
Additional "perk" Items for Div 3 teams.
All the expired powerbar food you can eat. Hotel continental breakfast food for feed zone that day.
Jersey from teammate that broke collarbone yesterday. Money from "your" jersey sold to get gas for
trip home. Discarded Postal team musettes/bottles to use for next race. Free use of Division 1
team's internet hookup at hotel to check email. Pool access to hotels other than your own. Flying
2100 miles for a race that is 1000 miles away from home to save money. Free supply of superglue to
repair helmet after crash. Crashing course marshals buffet for dinner.
"OMC"
In article <1161c921.0311040717.2bb2ae7f@posting.google.com>, OMC <mcreed53@msn.com> wrote:
>danschmatz@aol.com (DanSchmatz) wrote in message
>news:<20031103223259.17118.00000311@mb-m07.aol.com>...
>> Here are some articles that may be in a typical Pro contract:
>>
>> Services of Rider as Independent Contractor Racing Service Promotional Services Promotional
>> Rights of Company Conduct of Rider Term of Agreement Payments to Rider Reimbursement of Expenses;
>> Riders Condition and Drug or Medical Tests Equipment and Clothing Rider as Independent Contractor
>> Riders Assumption of Risk, Release and Waiver Confidentiality Termination Miscellaneous
>
>Additional "perk" Items for Div 3 teams.
>
>All the expired powerbar food you can eat. Hotel continental breakfast food for feed zone that day.
>Jersey from teammate that broke collarbone yesterday. Money from "your" jersey sold to get gas for
>trip home. Discarded Postal team musettes/bottles to use for next race. Free use of Division 1
>team's internet hookup at hotel to check email. Pool access to hotels other than your own. Flying
>2100 miles for a race that is 1000 miles away from home to save money. Free supply of superglue to
>repair helmet after crash. Crashing course marshals buffet for dinner.
>
>"OMC"
I gotta call you Old Man Creed here... cuz if I do it at the track, I get in trouble...
Old Man Creed, that was awesome!
Scott
--
-*- Scott Patton -*- Colorado Springs, CO -*- http://www.FixedGearFever.com (http://www.fixedgearfever.com/) -*- Track Racing
Web Services
OMC wrote:
> danschmatz@aol.com (DanSchmatz) wrote in message
> news:<20031103223259.17118.00000311@mb-m07.aol.com>...
>
>>Here are some articles that may be in a typical Pro contract:
>>
>>Services of Rider as Independent Contractor Racing Service Promotional Services Promotional Rights
>>of Company Conduct of Rider Term of Agreement Payments to Rider Reimbursement of Expenses; Riders
>>Condition and Drug or Medical Tests Equipment and Clothing Rider as Independent Contractor Riders
>>Assumption of Risk, Release and Waiver Confidentiality Termination Miscellaneous
>
>
> Additional "perk" Items for Div 3 teams.
>
> All the expired powerbar food you can eat. Hotel continental breakfast food for feed zone
> that day.
+ All the croissants/rolls and jam packets you can stuff in your from the buffet (Does not apply
where hotel owner knows how cyclists eat and plunder.)
> Jersey from teammate that broke collarbone yesterday.
+ Free sewing kits to mend your own kit.
> Money from "your" jersey sold to get gas for trip home.
+ All the stuff you can steal from other teams and sell on eBay when you get home.
> Discarded Postal team musettes/bottles to use for next race.
+ Some may be covered in blood as support had to slug it out with fans unwilling to part with these.
> Free use of Division 1 team's internet hookup at hotel to check email. Pool access to hotels other
> than your own.
(Tip: Wear your shorts into the pool, the chlorine will help sanitize them.)
> Flying 2100 miles for a race that is 1000 miles away from home to save money.
(Maximum 5 connections, except 6 for holiday periods.)
> Free supply of superglue to repair helmet after crash.
+ Ductape at no additional charge.
> Crashing course marshals buffet for dinner.
(Which even the marshals often have to pay for!)
>
> "OMC"
I am sure that Jan's issue is pure contract law.
Almost all service providers of any sort have a contract structured such that:
1. The service provider (here a bike racer) agrees to provide the described services during the
"term" (as defined by a fixed term or other parameters).
2. The customer (here a team) agrees to pay the service provider periodically during the Term.
3. Certain covenants that the service provider will work only for the customer, will not steal
employees, will train, will race, etc.
4. Termination provisions if either side breaches, or upon adequate notice to the other party.
Bianchi would here argue that Jan breached his covenants, justifying Bianchi terminating the
contract (and stopping payment). Or, Bianchi might argue that Jan terminated the contract by joining
a team, thus relieving Bianchi from the obligation to pay him afterwards.
The point being that they are not all the same. I wonder why so many contracts are being disputed
these days?
"DanSchmatz" <danschmatz@aol.com> wrote in message
news:20031103223259.17118.00000311@mb-m07.aol.com...
> Here are some articles that may be in a typical Pro contract:
>
> Services of Rider as Independent Contractor Racing Service Promotional Services Promotional Rights
> of Company Conduct of Rider Term of Agreement Payments to Rider Reimbursement of Expenses; Riders
> Condition and Drug or Medical Tests Equipment and Clothing Rider as Independent Contractor Riders
> Assumption of Risk, Release and Waiver Confidentiality Termination Miscellaneous
>
In article <bo8o2m$t3f@dispatch.concentric.net>,
Richard Adams <ackthpt@concentric.net> wrote:
>
> + All the croissants/rolls and jam packets you can stuff in your from the buffet (Does not apply
> where hotel owner knows how cyclists eat and plunder.)
http://www.redmeat.com/redmeat/1997-05-05/index.html
--
tanx, Howard
"Danger, you haven't seen the last of me!"
"No, but the first of you turns my stomach!"
Firesign Theatre
remove YOUR SHOES to reply, ok?
Howard Kveck <YOURhoward@h-SHOESbomb.com> wrote in message
news:<YOURhoward-CB95E9.20144704112003@netnews.attbi.com>...
> In article <bo8o2m$t3f@dispatch.concentric.net>,
> Richard Adams <ackthpt@concentric.net> wrote:
> >
> > + All the croissants/rolls and jam packets you can stuff in your from the buffet (Does not apply
> > where hotel owner knows how cyclists eat and plunder.)
>
> http://www.redmeat.com/redmeat/1997-05-05/index.html
>
> --
The now defunct "Linda McCartney pro team" contract specified that all the riders had to adhere to a
vegetarian diet. No red meat for those boys.
-R
mcreed53@msn.com (OMC) wrote in news:1161c921.0311040717.2bb2ae7f@posting.google.com:
<snip>
> Additional "perk" Items for Div 3 teams.
>
> All the expired powerbar food you can eat. Hotel continental breakfast food for feed zone that
> day. Jersey from teammate that broke collarbone yesterday. Money from "your" jersey sold to get
> gas for trip home. Discarded Postal team musettes/bottles to use for next race. Free use of
> Division 1 team's internet hookup at hotel to check email. Pool access to hotels other than your
> own. Flying 2100 miles for a race that is 1000 miles away from home to save money. Free supply of
> superglue to repair helmet after crash. Crashing course marshals buffet for dinner.
>
> "OMC"
>
Hi Mike Creed, I really enjoy reading your diaries on Bike.com. Good luck finding a team for next
year. Keep up the good work.
- Boyd S. adds one to the "rbr pro rider posts" total
On Wed, 05 Nov 2003 20:14:01 GMT, Boyd Speerschneider wrote:
> mcreed53@msn.com (OMC) wrote <snip>
>
> Hi Mike Creed,
This is OMC, not YMC.
In article <7083199f.0311050616.3f8019d8@posting.google.com>, rikoshea@yahoo.com (Rik O'Shea) wrote:
> Howard Kveck <YOURhoward@h-SHOESbomb.com> wrote in message
> news:<YOURhoward-CB95E9.20144704112003@netnews.attbi.com>...
> > In article <bo8o2m$t3f@dispatch.concentric.net>,
> > Richard Adams <ackthpt@concentric.net> wrote:
> > >
> > > + All the croissants/rolls and jam packets you can stuff in your from the buffet (Does not
> > > apply where hotel owner knows how cyclists eat and plunder.)
> >
> > http://www.redmeat.com/redmeat/1997-05-05/index.html
> >
> > --
>
> The now defunct "Linda McCartney pro team" contract specified that all the riders had to adhere to
> a vegetarian diet. No red meat for those boys.
>
> -R
No paychecks, either.
--
tanx, Howard
"Danger, you haven't seen the last of me!"
"No, but the first of you turns my stomach!"
Firesign Theatre
remove YOUR SHOES to reply, ok?
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