DamnLiesAndStatistics
Formerly ItsACanesThing7
- Joined
- Dec 11, 2018
- Messages
- 1,214
No consideration, not validI irrevocably and exclusively grant you the right to decide when I am allowed to post on this forum.
No consideration, not validI irrevocably and exclusively grant you the right to decide when I am allowed to post on this forum.
Legal doctrine question on whether or not the contract is unconscionable is one angle. Willingly agreeing to it isn’t enough if the contract is that unfair or biased.The ACC’s grant of rights contract states member schools “irrevocably and exclusively grants to the conference during the term all rights necessary for the conference to perform the contractual obligations of the conference expressly set forth in the ESPN agreement..”
This is the school’s ADs & BOTs reviewed & signed off on.
Simply put, any TV revenue a school is due from the ACC’s contract with ESPN is conference property through June 30, 2036 regardless of whether the school remains an ACC member or leaves for another conference.
So pls tell me what the loophole in this that can be fought in court since it was the participating schools who willingly agreed to this.
Basketball doesn’t move the needle financially. That’s why the ACC is in this situation as it is.Removing Duke is an idiotic idea. You do realize they're a pretty big deal in basketball right?
Not intentionally bumping my own porst here, but I gave above a touch more thought.All the parties [in ACC] couldn't concieve of the existential threat posed by SEC/Big 10 revenue outpacing theirs to the degree it has.
They crafted it and signed it because Maryland showed them no one feared departing.
ACC schools willingly did this as a dead-hand measure, a poison pill.The ACC’s grant of rights contract states member schools “irrevocably and exclusively grants to the conference during the term all rights necessary for the conference to perform the contractual obligations of the conference expressly set forth in the ESPN agreement..”
This is the school’s ADs & BOTs reviewed & signed off on.
Simply put, any TV revenue a school is due from the ACC’s contract with ESPN is conference property through June 30, 2036 regardless of whether the school remains an ACC member or leaves for another conference.
So pls tell me what the loophole in this that can be fought in court since it was the participating schools who willingly agreed to this.
I have the strategy!!!!!The ACC’s grant of rights contract states member schools “irrevocably and exclusively grants to the conference during the term all rights necessary for the conference to perform the contractual obligations of the conference expressly set forth in the ESPN agreement..”
This is the school’s ADs & BOTs reviewed & signed off on.
Simply put, any TV revenue a school is due from the ACC’s contract with ESPN is conference property through June 30, 2036 regardless of whether the school remains an ACC member or leaves for another conference.
So pls tell me what the loophole in this that can be fought in court since it was the participating schools who willingly agreed to this.
Here's Skipper and Samson discussing FSU and the ACC deal at large. I don't find either likable (or Skipper to actually be in-tune with today's CFB landscape) but it's essentially the ESPN perspective and the perspective of someone like Samson that finds contracts as just sources of future negotiations.
Starts at around the 35:30 mark:
if you can get the SEC or Big 10 money, paying the $120M and leaving seems like an easy decision. Your investment at 10 years will be killing it. It’s a little more complicated, but the ACC is being put on notice by FSU and Miami who will try and move together. Likely to the Big 10.
Think of this scenario that is VERY* realistic depending on how cruel and swag'n big **** Greg "Emperor Palpatine" Sankey wanta to be:
SEC takes either FIU or FAU.
Before you go into full CIS meltdown, SEC doesn't need a particular team in location X, they just need a team.
Yes, FIU/FAU would be doormats for a time. The massive infusion of cash, cred, etc would draw top up amd coming staff and recruiters. The fan bases (alumni) are significantly larger than our Canes.b They win more, they get more, etx. etc.
SEC has SoFL market without Miami...and even better...at Miami's expense.
It would be an absolute Achilles "is there no one else" move.
*your mileage may vary
I am not a lawyer so I will defer to someone who knows better than me, but it seems like proving this is unfair or biased would be hard given so many parties (who should be competent) agreed to it. I would think the only way this would work is if one or more parties willingly deceived the other(s).Legal doctrine question on whether or not the contract is unconscionable is one angle. Willingly agreeing to it isn’t enough if the contract is that unfair or biased.
Several other administrators who spoke to ESPN quibbled with Alford's exact numbers, but mostly agreed with his larger point: The teams serious about football deserve more because they're bringing in more.
"I think the schools who are helping create the revenue should have an opportunity to participate in the revenue more than they are right now, rather than just slicing the pie the way it is in equal shares." Miami athletic director Dan Radakovich said. "Rewarding success is a great motivator."
(..)
"At the end of the day, we need to try. And if, if we can't get things done, then, at least we can look around and say, 'All right, we attempted to get something done, we weren't able to do it,'" Radakovich said. "And then, if down the road, schools do choose to leave, it should not be a surprise."
Several other administrators who spoke to ESPN quibbled with Alford's exact numbers, but mostly agreed with his larger point: The teams serious about football deserve more because they're bringing in more.
"I think the schools who are helping create the revenue should have an opportunity to participate in the revenue more than they are right now, rather than just slicing the pie the way it is in equal shares." Miami athletic director Dan Radakovich said. "Rewarding success is a great motivator."
(..)
"At the end of the day, we need to try. And if, if we can't get things done, then, at least we can look around and say, 'All right, we attempted to get something done, we weren't able to do it,'" Radakovich said. "And then, if down the road, schools do choose to leave, it should not be a surprise."
That’s just the exit for you. It’s not the dollar amount to get out of the grant of rights. You still wouldn’t get any of that money until the gor expired basicallyif you can get the SEC or Big 10 money, paying the $120M and leaving seems like an easy decision. Your investment at 10 years will be killing it. It’s a little more complicated, but the ACC is being put on notice by FSU and Miami who will try and move together. Likely to the Big 10.