Reply To: Riled up.

[bmiddaugh]

Kevin, is this it?

Actually Brett, an ABA track can run a Moto system instead of a qualifying system, you just have to let the ABA know you are doing it. The reasons allmost all of the ABA tracks opt to run the transfer system is that everyone else is doing it or it’s the only system they are used to.

As far as the Contracts..”A” is Illegal..it is either a 5 year contract or a renewable contract, not both. Any first year Law student will tell you that one..or for that matter anyone that watches Law & Order can figure that out.

“B” is also “la Toilette” You can not change the stipulation of a contract just by “Crossing Out and filling in” What is it?..a three year, or a renewable..same as #1

“C” sounds more plausable..year to year..once the year is up the contract can either be “renewed” or discarded. Now here is where it gets tricky. Some of these contracts have built in automatic renewal clauses(Just like cell phone contracts) in them. The way you beat them is, lets say CJBMX wants to switch to ABA at the end of this season. Before the “renewal Date” of your contract comes up, attatch a “Declaration of Notification To Terminate Agreement” (Maybe called something different in NJ or elswhere) from you lawyer, notorized, to the contract for this year. Although you will have to finish the season with the NBL, they can not force you into the agreement for next season.
I’m speaking from experience here, although not a BMX related incident, it happened to me with a credit card processing company and this is how my attorney told me to beat it. It worked.
Different states have different time allowances, some may be as much as a year, others only require a 30 day notification, in my case it was 90 days. Also, the state that the entity, or BMX track exists, is the state where the law takes precedence, not where the sanctioning body exists.

Just for everyone’s info, I’m not dishing out free legal advice nor am I a qualified expert, except in my own stated case, but most of this is common sense. Just the threat of a lawsuit is enough to force people to submit and sign. Fortunatly I’m not one of those types and I do enjoy a challenge. The last thing I’m sure the NBL wants to hear is “Talk to my Lawyer”..or worse yet, have an attorney contact them.

Keeping things “Hushed” is a way to keep the “huddled Masses”..well,…huddled I guess. “The less they know, the better it is for us” type of mentality.

Ah well..I gotta get back to work and….Law & Order is on!!