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Will the Record Mean Anything for Borris?

So last night, Barry Bonds finally hit home run number 756 and since it seems that much of the sports world had been waiting with bated breath, I figured the issue might be worth delving into; more particularly to consider what his agent will (or won’t) be getting from the record. Typically the eclipsing of such a hallowed record would garner endorsement upon endorsement or commercial after commercial, ultimately meaning big commission dollars for an agent with at least half a brain. It’s no mystery that companies want nothing more than to attach themselves and their products to a hot name and there are few things hotter or more ‘Now’ as ESPN would say, than a record breaker.

In Bonds’ case however, not only is the typical fanfare that comes with breaking such a record not there, but I doubt that Barry is expecting the dollars that most record breakers would be ‘entitled’ to. That being said, there’s also the matter of Jeff Borris (with the Beverly Hills Sports Council), who happens to be Bonds’ agent. It seems to me that though Borris is no doubt earning a fair amount in commission from Barry’s ‘modest’ $15.5 million salary for this year, a lot is being left on the table as a result of his client’s record breaking efforts being marred by steroid controversy. Some believe that the matter of steroids doesn’t influence potential endorsers, but as the Associated Press wrote a couple weeks back, that’s far from the truth in Barry’s case. A part of me believes that if the issue were something other than steroids/performance enhancing drugs and had nothing to do with how well one plays the game of baseball, once last night came about and number 756 was hit, endorsers would be flocking in; even if they’d turned their backs on Barry in the time leading up to the record. This would be a similar situation to that of Kobe Bryant who was promptly scooped up by Nike once everybody realized that his trial and ordeal did not at all hinder his ability to score points; that is of course after Adidas dropped him like a bad habit during the soap opera.

Unfortunately it seems that while this whole steroid mess has already hurt both Bonds and (of course) Borris, with endorsers on the run since 2005, this monumental record that would have meant so much for the endorsement potential of any other player (and thus commission potential for their agent) is set to garner little more than a pat on the back for Bonds. That being said, I won’t be so naive as to say that there will be absolutely no endorsers who meet Borris at the bargaining table. So in an attempt to dance around the whole steroid issue and the matter of whether or not the record means less if it’s held by an alleged steroid user; I’ve got to wonder how Jeff Borris feels about the matter of endorsements and commission now that the record is broken and the ‘all but guaranteed’ dollars most likely won’t be coming his or his client’s way as would typically be expected.

Samyr Laine

11 replies on “Will the Record Mean Anything for Borris?”

Instead of the record meaning increased endorsements and some nice commission dollars for Borris, it should allow him to go to sleep earlier and not worry about waiting up to watch San Fransisco Giants extra inning games.

Personally, I’d bet Boris, and most agents for that matter, know precisely what their clients are supplementing with and/or injecting. If that’s the case, Boris should have seen and anticipated the financial fallout from this, just as much as Bonds should have seen and anticipated it when his relationship with BALCO, and his personal trainer, “allegedly” started back in 1999.

Jonesonthenba beat me to it. Some fact checking should have been done before posting.

Kobe left Adidas in July of ’02. No company dropped Kobe like a bad habit. No contracts were canceled, probably because companies were aware of how Fila lost out to Webber a few years back after canceling his shoe deal without a conviction. McDonald’s and Nutella chose not to renew their endorsement deals with Bryant in January of ’04, when they had an option to cancel. Usually dropping an endorser of your product when a structured contract is in place, without the option to terminate at any time, is impossible. Can’t legally happen without a settlement. Of course, it does depend on the contract…but without a conviction there’s no termination.

As Jones stated, he had no shoe deal from Mid-July of ’02 till the 24th of June ’03. Kobe signed with Nike a few days before the allegations. Allegations became news around the start of July.

“Usually dropping an endorser of your product when a structured contract is in place, without the option to terminate at any time, is impossible.”

That’s an interesting question that I was thinking about in relation to the Vick matter. What is the language of a typical endorsement contract vis a vis the right of each side to terminate?

Depends on the contract Jason, but usually it’s very hard to terminate an endorsement contract without a conviction. I know that this was the case for a few NBA player’s with charges such as possession of drugs, Kobe’s alleged rape, weapons charges. Also depends on the morale clause within the contract. Most endorses will have some sort of morale clause, which can lead to immediate termination if broken. Dog fighting could fall under that, not sure, there were rumors back in ’03 that McDonalds would try and use Kobe’s admitted adultery to terminate his contract. They’d insist that as they’re family oriented it was in direct relation. Didn’t happen though and they just waited till January.

Has Vick actually lost any endorsement contracts yet? The companies have probably just pulled all relationships and suspended his contract till a conviction.

Very subjective and very slippery, the very reasons why organizations (such as McDonalds) put them in their contracts. It’s usually used as a guideline, relatively hard to get out of a contract commitment with it. But it is a great bargaining chip I imagine. For example, if you have Player X get in trouble because of domestic violence, a moral clause could probably wiggle Company Y out of their contract. Or at the very least, help Company Y negotiate a settlement instead of going to court.

There’s also a “morals clause” in most NBA contracts too. I imagine it’s much the same for the NFL, MLB, etc.. Here’s an example of what a morals clause for a contract between an NBA player and team reads like “at any time fails, refuses or neglects to conform his personal conduct to standards of good citizenship, good moral character (defined here to mean not engaging in acts of moral turpitude, whether or not such acts would constitute a crime), and good sportsmanship, to keep himself in first-class physical condition, or to obey the team’s training rules.”

In case you’re interested in reading more about the “morals clause” Jason check out this link I found: http://marketing.about.com/cs/customerfocused/a/kobebryantendor.htm

Hope this helps you.

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