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June 5, 2006 at 12:29 pm #25139bmiddaughMember
Ok. I believe I finally have this figured out, and it would really explain the whole NY track thing.
This is the info I got from a very reliable source.
The contract is signed year to year.
You are signing what is basically a “non-compete” agreement for 3 years.
What does this mean…?
Ok, you sign up as an nbl track, you try it for a year…decide you don’t like the organization. Now since you signed that contract, you can’t open up under any other sanction for 2 MORE YEARS. Which of course would shut a track down. You don’t have to be nbl, but you can’t run another sanction for 2 years.
I mean this sounds much like a contract people sign when working for large companies, “go to work for us, but if you quit you can’t go to work for a competitor of ours for x amount of time”. Of course out in the job world there’s a lot of jobs.
In BMX land, there’s only 2 sanctions.
I really don’t like this contract, it squashes competition.
Now for my question to anyone here who knows these things.
If a track signs this agreement, then doesn not resign as an nbl track, BUT changes it’s name the following year and signs with “another organization” does that negate the contract?
Let’s say Booya BMX runs nbl till the end of this season. Then decides, nah this isn’t for me, over the winter they shut down, then reopen under “new mgmt.” as Yoyo BMX the next year, does the nbl have any legal basis to enforce the contract?
As a disclaimer, I don’t know the aba contract so I’m not sure what they do, but this whole thing to me smacks of indentured BMXatude…
I don’t like it.June 5, 2006 at 2:03 pm #31282LeadSled1Member
I believe the contract is binding on the physical track and not the group or organization that is running it. If you change the group name it is still a binding contract on that track, at that location. If you build another track in a location next to the one you already have you can make it another sanction.June 5, 2006 at 2:45 pm #31283KevinMember
I don’t know if this helps…in the ABA the organization or group running the track DOES NOT HOLD THE SANCTION AGREEMENT..the person or entity who owns the property that the track sits on does. I don’t know if that holds true for the NBL. If it does, the contract can be nullified by the property owner. This is one step that a lot of people forget,…”who owns the property” Did the PROPERTY Owner sign the contract, or the group running the track?
Some legal fine hairs I would guess need to be split. I do know that if were the property owner and didn’t like what I was seeing going on on my property, you can bet your ass those people woudn’t be there.
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