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What's in a pro contract?

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Road Cycling
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3 November 2003
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Fastest Fat Cli
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  1. 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.

  2. Sections 2.16 - 2.18 of the UCI rulebook (uci.chuci.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 said:

    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.

  3. "Fastest Fat Climber" <[email hidden]> wrote in message "]news:[email hidden]...

    Quoted message said:

    All this talk about Ulrich and his contract got me thinking. Just what is in a typical pro
    contract?

    Yes.

    Quoted message said:


    Can the team force a rider to enter a race (baring injury of course) or


    bar

    Quoted message said:

    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

    Quoted message said:

    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

    Quoted message said:

    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.

  4. Most pro contracts are probably standard boiler-plate. In the instances of marquee riders, such as
    Jan, there can be anything.

    Fastest Fat Climber said:

    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.

  5. 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" <[email hidden]> wrote in message news:<[email hidden]>...

    Quoted message said:

    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.

  6. 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" <[email hidden]> wrote in message
    "]news:[email hidden]...

    Quoted message said:

    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" <[email hidden]> wrote in message


    news:<[email hidden]>...

    Quoted message said:
    Quoted message said:

    All this talk about Ulrich and his contract got me thinking. Just what


    is

    Quoted message said:
    Quoted message said:

    in a typical pro contract?

    Can the team force a rider to enter a race (baring injury of course) or


    bar

    Quoted message said:
    Quoted message said:

    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

    Quoted message said:
    Quoted message said:

    domestique if so directed by the director? If a personal coach tells a


    rider

    Quoted message said:
    Quoted message said:

    to train and ride one way, can a team force a rider to train another


    way?

    Quoted message said:
    Quoted message said:


    Or are all these things mainly enforced through the ever-present threat


    of

    Quoted message said:
    Quoted message said:

    blacklisting?

    Do they have clauses prohibiting them from engaging in "risky"


    activities

    Quoted message said:
    Quoted message said:

    such as skydiving, alpine skiing, or motorcycling (I know pro basketball


    and

    Quoted message said:
    Quoted message said:

    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.

  7. "Fastest Fat Climber" <[email hidden]> wrote in message "]news:[email hidden]...

    Quoted message said:

    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.

    Quoted message said:

    or bar a rider from a race?

    Yes.

    Quoted message said:

    Can the team dictate training regiments

    Some teams, for some riders.

    Quoted message said:

    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.

    Quoted message said:

    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.

    Quoted message said:

    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.

    Quoted message said:

    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

  8. [email hidden] (DanSchmatz) wrote in message
    news:<[email hidden]>...

    Quoted message said:

    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"

  9. In article said:

    [email hidden] (DanSchmatz) wrote in message
    news:<[email hidden]>...

    Quoted message said:

    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 -*- fixedgearfever.comfixedgearfever.com -*- Track Racing
    Web Services

  10. OMC said:

    [email hidden] (DanSchmatz) wrote in message
    news:<[email hidden]>...

    Quoted message said:

    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.)

    Quoted message said:

    Jersey from teammate that broke collarbone yesterday.

    + Free sewing kits to mend your own kit.

    Quoted message said:

    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.

    Quoted message said:

    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.

    Quoted message said:

    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.)

    Quoted message said:

    Flying 2100 miles for a race that is 1000 miles away from home to save money.

    (Maximum 5 connections, except 6 for holiday periods.)

    Quoted message said:

    Free supply of superglue to repair helmet after crash.

    + Ductape at no additional charge.

    Quoted message said:

    Crashing course marshals buffet for dinner.

    (Which even the marshals often have to pay for!)

    Quoted message said:


    "OMC"

  11. 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.

  12. The point being that they are not all the same. I wonder why so many contracts are being disputed
    these days?

    "DanSchmatz" <[email hidden]> wrote in message
    "]news:[email hidden]...

    Quoted message said:

    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

  13. In article <[email hidden]>,

    Richard Adams said:


    + 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.)

    redmeat.comindex.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?

  14. Howard Kveck <[email hidden]> wrote in message
    news:<[email hidden]>...

    Quoted message said:

    In article <[email hidden]>,

    Richard Adams said:


    + 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.)

    redmeat.comindex.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

  15. [email hidden] (OMC) wrote in :"]news:[email hidden]:

    <snip>

    Quoted message said:

    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

  16. Boyd Speerschneider said:

    [email hidden] (OMC) wrote <snip>

    Hi Mike Creed,

    This is OMC, not YMC.

  17. In article said:

    Howard Kveck <[email hidden]> wrote in message
    news:<[email hidden]>...

    Quoted message said:

    In article <[email hidden]>,

    Richard Adams said:


    + 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.)

    redmeat.comindex.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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