Thoughts on UFC 249 and waiver controversies

Wasa-B -
cyberc92 - 

I left a company and they tried to get me to sign something similar to pay out a severance. I didn't sign it because I got another job that paid me a 25% increase in base salary alone. Below is the language in one of the provisions on the contract that they wanted me to sign:

"In consideration of the Severance Payments and for other good and valuable

consideration described herein, receipt of which is hereby acknowledged, Employee of his own

free will, voluntarily releases and forever discharges the Company from any and all actions or

causes of action, suits, claims, charges, complaints, contracts, agreements and promises,

whatsoever, in law or in equity, that Employee, Employee’s heirs, executors, administrators,

successors and assigns have, may have or may in the future have upon, or by reason of any

matter, cause or thing whatsoever against the Company whether known or unknown, including,

but not limited to, any and all matters arising out of Employee’s employment at the Company or

Employee’s termination of employment, and including, but not limited to, any alleged violation

of Title VII of the Civil Rights Act of 1964, as , the Fair Labor Standards Act, the Family and

Medical Leave Act, the Americans With Disabilities Act, the Age Discrimination in

Employment Act, and any other federal, state or local civil or human rights or employment law,

or any other alleged violation of any local, state or federal law, regulation or ordinance, and/or

public policy, contract or tort law, that he ever had, now has or may have in the future, excepting

any obligations under this Agreement."

Like I have read criticizing the UFC clause, is that legal above? Like can there ever be a clause or whatever that prevents you from being able to sue a company for anything whatsoever?

I spoke to a few different lawyers. The majority of the advice I had gotten was to just move on since I had already got a new job paying me a signifcant amount more. They said if I had not gotten that job then it would make sense to contest it based on other issues that led to me leaving the company. The severance was a little over a months pay and some things regading health benefits.

There are so many lawsuits coming because of Covid-19 in the future. It will bring economy to its knees.

I agree with signing this contract the UFC set forth. What will happen to our nation if everyone is sue happy when this finally subsides in a few years?

The result will be catatrophic to not only our economy but each individual American in the USA.

wiggum -
Ministry of Truth - MMA managers suck if they aren't consulting with lawyers before allowing fighters to sign agreements like this.

Bottom line is if fighters didn’t agree, the UFC wouldn’t be able to pull this garbage.

I’m not sure if it’s just a case that the UFC has always been shady and now that they’re as public as ever it’s coming out, or perhaps this is more related to the current owners way of business.

Incredibly hard to do unless you are (1) a Conor level star or (2) in a union or association.

Boxing has the Ali Act and I am not sure if it has led to any legal ruling in it’s favor. 

https://www.latimes.com/sports/boxing/la-sp-sn-boxing-golden-boy-haymon-lawsuit-dismissed-20170126-story.html

https://www.bloodyelbow.com/2017/1/27/14411870/golden-boy-loses-haymon-pbc-antitrust-monoply-lawsuit-boxing-news

Let's see what the Ali Act does as Eddie Hearn is planning on booking a fight and he doesn't seem to care about it either.

https://bigfightweekend.com/news/will-nevada-commission-punish-chavez-jr-and-hearn/

What people don't realize is that the UFC can just unionize their fighters and essentially take control over mma forever by effectively killing any chance at an association. This is one of the reasons why the MMAFA kicked out Leslie Smith after she began asking Kobe Bryant questions about the union.

It is funny because Kobe was an investor in the UFC and was one of the people who got a signifcant distribution payout for his investments in the company. All of the mma media was in an uproar over these recent distributions and you have fighters running to him for his opinion on a union.  Dana commented before Kobe's death that he was ecstatic at the payout for his investment in the company and wished he had invested more for a bigger return. Does anyone here truly believe that if fighters' unionized that investors such as Kobe wouldn't be upset if it cut down their return? What people need to understand is that once the shoe is on the other foot (ie Kobe no longer being an athlete but a businessman) they are going to do what is best for them. The naivete in it all is amusing. 

wiggum -
WaltJ - 
Wasa-B -
WaltJ - 

I laughed watching for press conference when Dana call him a "creepy little fucker" with that incredulous look on his face. 

Dana makes me laugh sometimes, I'm okay admitting.

Good for Dana for distracting from the task at hand then.

Good for the fighters for consulting contract law attorneys prior to signing contracts and waivers.

If the UFC is such a historically unfair and shitty place to work, maybe people shouldn't be signing contracts, no?

They 100% stack the deck and perpetrate underhanded shit, but the fighters still choose to go there.

Me finding Dana's reaction funny doesn't mean I'm not aware of the gravity of the situation or that I endorse what they did.

C’mon, man. You know that the UFC has a huge amount of control over the market.

Without a doubt they do.  That’s not even close to being arguable.

It seems to pop back up every now and again, but I always read up on the antitrust proceedings regarding their alleged monopolistic practices to see if anything ever shakes loose.

Its shitty to say, but my best advice to aspiring fighters right now, given the current environment, is to find another occupation. 

At the end of the day, whether anyone likes to admit it or not, this is why there needs to be some sort of outside oversight (government or not) to keep organizations like UFC in check, because by definition, the point of their whole existence is to maximize profit, so as along as they're allowed to do so unchecked, stuff like this is totally par for the course in their playbook. 

Sprawl'n'Stall -
wiggum - 
WaltJ - 
Wasa-B -
WaltJ - 

I laughed watching for press conference when Dana call him a "creepy little fucker" with that incredulous look on his face. 

Dana makes me laugh sometimes, I'm okay admitting.

Good for Dana for distracting from the task at hand then.

Good for the fighters for consulting contract law attorneys prior to signing contracts and waivers.

If the UFC is such a historically unfair and shitty place to work, maybe people shouldn't be signing contracts, no?

They 100% stack the deck and perpetrate underhanded shit, but the fighters still choose to go there.

Me finding Dana's reaction funny doesn't mean I'm not aware of the gravity of the situation or that I endorse what they did.

C’mon, man. You know that the UFC has a huge amount of control over the market.

Indeed. And when signing with giant companies, it’s basically a “take it or leave it” situation. With smaller companies, you can negotiate. Here can the fighters except for the biggest names?

I seriously despise that it’s almost the norm that giant companies can pull such shit. No you are not forced to sign but come on.

BTW the contract seems and IS one sided, but no doubt the fighters get in return major exposure, promotion, visibility, and for some, a lot of money. It’s just excessive lawyer stuff. I’m sure the UFC treats them well, but then when it’s contract time, the wording is almost humiliating.

If it was worded like Dana said, don’t disparage or say false shit, any sane person would agree. Now it goes way beyond that. Lawyer driven society.

I 100% agree with this.

The UFC knew they were on thin ice with this whole situation and brought out the biggest sledgehammer they had up front and center basically as a scare tactic to make it so fighters wouldn't even think of saying anything. 

Mr. Muraskin is probably correct about its questionable enforceability, however, one thing he may be missing is that no fighters, other than maybe one or two, realistically have the financial means or resources to stage a protracted legal battle against UFCs attorneys, which would also likely include some sort of UFC retaliation further down the line,  which is obviously detrimental to their career.

If you really want to see the precedent to all of this, study WWE's history and their handling of the situation and that will give you the answers you're looking for.

cyberc92 - 
wiggum -
Ministry of Truth - MMA managers suck if they aren't consulting with lawyers before allowing fighters to sign agreements like this.

Bottom line is if fighters didn’t agree, the UFC wouldn’t be able to pull this garbage.

I’m not sure if it’s just a case that the UFC has always been shady and now that they’re as public as ever it’s coming out, or perhaps this is more related to the current owners way of business.

Incredibly hard to do unless you are (1) a Conor level star or (2) in a union or association.

Boxing has the Ali Act and I am not sure if it has led to any legal ruling in it’s favor. 

https://www.latimes.com/sports/boxing/la-sp-sn-boxing-golden-boy-haymon-lawsuit-dismissed-20170126-story.html

https://www.bloodyelbow.com/2017/1/27/14411870/golden-boy-loses-haymon-pbc-antitrust-monoply-lawsuit-boxing-news

Let's see what the Ali Act does as Eddie Hearn is planning on booking a fight and he doesn't seem to care about it either.

https://bigfightweekend.com/news/will-nevada-commission-punish-chavez-jr-and-hearn/

What people don't realize is that the UFC can just unionize their fighters and essentially take control over mma forever by effectively killing any chance at an association. This is one of the reasons why the MMAFA kicked out Leslie Smith after she began asking Kobe Bryant questions about the union.

It is funny because Kobe was an investor in the UFC and was one of the people who got a signifcant distribution payout for his investments in the company. All of the mma media was in an uproar over these recent distributions and you have fighters running to him for his opinion on a union.  Dana commented before Kobe's death that he was ecstatic at the payout for his investment in the company and wished he had invested more for a bigger return. Does anyone here truly believe that if fighters' unionized that investors such as Kobe wouldn't be upset if it cut down their return? What people need to understand is that once the shoe is on the other foot (ie Kobe no longer being an athlete but a businessman) they are going to do what is best for them. The naivete in it all is amusing. 

Good points. I’m not sure what you mean by “UFC can just unionize their fighters.” The NLRA prohibits company unions.

I think a history of sports in which labor is powerful shows that you need both competition and unions or very, very strong associations.

WaltJ -
Wasa-B -
WaltJ - 

I laughed watching for press conference when Dana call him a "creepy little fucker" with that incredulous look on his face. 

Dana makes me laugh sometimes, I'm okay admitting.

Good for Dana for distracting from the task at hand then.

Good for the fighters for consulting contract law attorneys prior to signing contracts and waivers.

If the UFC is such a historically unfair and shitty place to work, maybe people shouldn't be signing contracts, no?

They 100% stack the deck and perpetrate underhanded shit, but the fighters still choose to go there.

Me finding Dana's reaction funny doesn't mean I'm not aware of the gravity of the situation or that I endorse what they did.

Theyre barely surviving financially, you think these guys can afford a lawyer?

wiggum -
cyberc92 - 
wiggum -
Ministry of Truth - MMA managers suck if they aren't consulting with lawyers before allowing fighters to sign agreements like this.

Bottom line is if fighters didn’t agree, the UFC wouldn’t be able to pull this garbage.

I’m not sure if it’s just a case that the UFC has always been shady and now that they’re as public as ever it’s coming out, or perhaps this is more related to the current owners way of business.

Incredibly hard to do unless you are (1) a Conor level star or (2) in a union or association.

Boxing has the Ali Act and I am not sure if it has led to any legal ruling in it’s favor. 

https://www.latimes.com/sports/boxing/la-sp-sn-boxing-golden-boy-haymon-lawsuit-dismissed-20170126-story.html

https://www.bloodyelbow.com/2017/1/27/14411870/golden-boy-loses-haymon-pbc-antitrust-monoply-lawsuit-boxing-news

Let's see what the Ali Act does as Eddie Hearn is planning on booking a fight and he doesn't seem to care about it either.

https://bigfightweekend.com/news/will-nevada-commission-punish-chavez-jr-and-hearn/

What people don't realize is that the UFC can just unionize their fighters and essentially take control over mma forever by effectively killing any chance at an association. This is one of the reasons why the MMAFA kicked out Leslie Smith after she began asking Kobe Bryant questions about the union.

It is funny because Kobe was an investor in the UFC and was one of the people who got a signifcant distribution payout for his investments in the company. All of the mma media was in an uproar over these recent distributions and you have fighters running to him for his opinion on a union.  Dana commented before Kobe's death that he was ecstatic at the payout for his investment in the company and wished he had invested more for a bigger return. Does anyone here truly believe that if fighters' unionized that investors such as Kobe wouldn't be upset if it cut down their return? What people need to understand is that once the shoe is on the other foot (ie Kobe no longer being an athlete but a businessman) they are going to do what is best for them. The naivete in it all is amusing. 

Good points. I’m not sure what you mean by “UFC can just unionize their fighters.” The NLRA prohibits company unions.

I think a history of sports in which labor is powerful shows that you need both competition and unions or very, very strong associations.

The UFC doesn’t fight the notion that the fighters are really employees and the fighters then create a union.

cyberc92 - 
wiggum -
cyberc92 - 
wiggum -
Ministry of Truth - MMA managers suck if they aren't consulting with lawyers before allowing fighters to sign agreements like this.

Bottom line is if fighters didn’t agree, the UFC wouldn’t be able to pull this garbage.

I’m not sure if it’s just a case that the UFC has always been shady and now that they’re as public as ever it’s coming out, or perhaps this is more related to the current owners way of business.

Incredibly hard to do unless you are (1) a Conor level star or (2) in a union or association.

Boxing has the Ali Act and I am not sure if it has led to any legal ruling in it’s favor. 

https://www.latimes.com/sports/boxing/la-sp-sn-boxing-golden-boy-haymon-lawsuit-dismissed-20170126-story.html

https://www.bloodyelbow.com/2017/1/27/14411870/golden-boy-loses-haymon-pbc-antitrust-monoply-lawsuit-boxing-news

Let's see what the Ali Act does as Eddie Hearn is planning on booking a fight and he doesn't seem to care about it either.

https://bigfightweekend.com/news/will-nevada-commission-punish-chavez-jr-and-hearn/

What people don't realize is that the UFC can just unionize their fighters and essentially take control over mma forever by effectively killing any chance at an association. This is one of the reasons why the MMAFA kicked out Leslie Smith after she began asking Kobe Bryant questions about the union.

It is funny because Kobe was an investor in the UFC and was one of the people who got a signifcant distribution payout for his investments in the company. All of the mma media was in an uproar over these recent distributions and you have fighters running to him for his opinion on a union.  Dana commented before Kobe's death that he was ecstatic at the payout for his investment in the company and wished he had invested more for a bigger return. Does anyone here truly believe that if fighters' unionized that investors such as Kobe wouldn't be upset if it cut down their return? What people need to understand is that once the shoe is on the other foot (ie Kobe no longer being an athlete but a businessman) they are going to do what is best for them. The naivete in it all is amusing. 

Good points. I’m not sure what you mean by “UFC can just unionize their fighters.” The NLRA prohibits company unions.

I think a history of sports in which labor is powerful shows that you need both competition and unions or very, very strong associations.

The UFC doesn’t fight the notion that the fighters are really employees and the fighters then create a union.

Respectfully, I think you’re putting the cart before the horse. Project Spearhead can’t even get the authorization cards needed to get a hearing on that. The UFC’s stance on whether fighters are independent contractors are employees has nothing to do with that.

My interest as a consumer of the product makes me happy as it is now. The ufc sets fights and we don't have nearly as many fighters vacate titles or the alphabet soup of titles that boxing currently has. We more often than not get to see the best fight the best unlike boxing where a mega fights can take years to happen (Pac vs Floyd). Also, as Teddy Atlas himself pointed out that house fighters in boxing get to pad their record until they are marketable enough to get big fights. I hate that model because it is essentially fight fixing when someone like Canelo is allowed to beat up bar patrons in Mexico until he has a perfect 30+ win record before fighting someone like Jose Cotto. Also, what is not discussed is how fighters have to pay sanctioning fees to hold the title of the WBC, WBO, IBF. My boxing trainer had a fighter won a state title. The fighter won like $20K on top of paying his trainers and management fee he also had to pay a sanctioning fee for the title. He ended up with less money than some local UFC fighter's I know.

https://www.youtube.com/watch?v=awKlSW-OEak

https://abc7news.com/sports/sources-miguel-cotto-refused-to-pay-$300k-sanctioning-fee/1088193/

wiggum -
cyberc92 - 
wiggum -
cyberc92 - 
wiggum -
Ministry of Truth - MMA managers suck if they aren't consulting with lawyers before allowing fighters to sign agreements like this.

Bottom line is if fighters didn’t agree, the UFC wouldn’t be able to pull this garbage.

I’m not sure if it’s just a case that the UFC has always been shady and now that they’re as public as ever it’s coming out, or perhaps this is more related to the current owners way of business.

Incredibly hard to do unless you are (1) a Conor level star or (2) in a union or association.

Boxing has the Ali Act and I am not sure if it has led to any legal ruling in it’s favor. 

https://www.latimes.com/sports/boxing/la-sp-sn-boxing-golden-boy-haymon-lawsuit-dismissed-20170126-story.html

https://www.bloodyelbow.com/2017/1/27/14411870/golden-boy-loses-haymon-pbc-antitrust-monoply-lawsuit-boxing-news

Let's see what the Ali Act does as Eddie Hearn is planning on booking a fight and he doesn't seem to care about it either.

https://bigfightweekend.com/news/will-nevada-commission-punish-chavez-jr-and-hearn/

What people don't realize is that the UFC can just unionize their fighters and essentially take control over mma forever by effectively killing any chance at an association. This is one of the reasons why the MMAFA kicked out Leslie Smith after she began asking Kobe Bryant questions about the union.

It is funny because Kobe was an investor in the UFC and was one of the people who got a signifcant distribution payout for his investments in the company. All of the mma media was in an uproar over these recent distributions and you have fighters running to him for his opinion on a union.  Dana commented before Kobe's death that he was ecstatic at the payout for his investment in the company and wished he had invested more for a bigger return. Does anyone here truly believe that if fighters' unionized that investors such as Kobe wouldn't be upset if it cut down their return? What people need to understand is that once the shoe is on the other foot (ie Kobe no longer being an athlete but a businessman) they are going to do what is best for them. The naivete in it all is amusing. 

Good points. I’m not sure what you mean by “UFC can just unionize their fighters.” The NLRA prohibits company unions.

I think a history of sports in which labor is powerful shows that you need both competition and unions or very, very strong associations.

The UFC doesn’t fight the notion that the fighters are really employees and the fighters then create a union.

Respectfully, I think you’re putting the cart before the horse. Project Spearhead can’t even get the authorization cards needed to get a hearing on that. The UFC’s stance on whether fighters are independent contractors are employees has nothing to do with that.

Project Spearhead can’t get the authorization cards because the fighters are probably terrified of the UFC and any tactics in which they could be cut. My point is if the UFC decided to say “Fuck it, let’s not go against the union as it would give us more control over the landscape and be less costly than an association”. In that scenario, the fighters would more than likely turn in more cards in order to get established as a union under the UFC. 

The way I look at this situation....

If Jacare and ONLY Jacare is the only party to walk away with covid 19, this is all moot.

However, if anyone else got covid 19(probably from Jacare), this is a huge fuck up on UFC’s part granted they covered their ass from a legal standpoint, over the course of time when it’s all said and done this would be a huge black mark.

It’s an all or nothing situation how I look at it.

cyberc92: Good points about the fear of retaliation.

My general view is that the best option for fighters would be success in the antitrust suit combined with a strong association.

However, an enshrined UFC monopsony plus a union would definitely be better for fighters than the status quo

wiggum - cyberc92: Good points about the fear of retaliation.

My general view is that the best option for fighters would be success in the antitrust suit combined with a strong association.

However, an enshrined UFC monopsony plus a union would definitely be better for fighters than the status quo

UFC essentially ripped off the WWE business model. The WWE has wrestlers as contractors but are locked into air tight contracts revolving merchandise, video games, travel etc. IMO, if the UFC felt they were going to lose the antitrust case they would just go the route I mentioned above in regards to employee I think their confidence lies in the fact that everyone has sued Vince Mcmahon and nothing happens.

wiggum - 
Ministry of Truth - MMA managers suck if they aren't consulting with lawyers before allowing fighters to sign agreements like this.

Bottom line is if fighters didn’t agree, the UFC wouldn’t be able to pull this garbage.

I’m not sure if it’s just a case that the UFC has always been shady and now that they’re as public as ever it’s coming out, or perhaps this is more related to the current owners way of business.

Incredibly hard to do unless you are (1) a Conor level star or (2) in a union or association.

Overall, I agree, but with managers such as Ali Abdelaziz who manage a pretty high percentage of UFC stars, including multiple stars fighting on this card, not taking a stand against fighters signing such draconian wavers from a management perspective, is negligent.

Of course, should more be expected of someone with Abdelaziz’s track record?

Forget just this one, isn’t fucking shit that without money you can’t get fair treatment? It’s perfectly normal that money buys a lot of stuff that can’t be available to all! But when it comes to justice, laws, etc. it’s fucked up it matters so much.

Ministry of Truth - 
wiggum - 
Ministry of Truth - MMA managers suck if they aren't consulting with lawyers before allowing fighters to sign agreements like this.

Bottom line is if fighters didn’t agree, the UFC wouldn’t be able to pull this garbage.

I’m not sure if it’s just a case that the UFC has always been shady and now that they’re as public as ever it’s coming out, or perhaps this is more related to the current owners way of business.

Incredibly hard to do unless you are (1) a Conor level star or (2) in a union or association.

Overall, I agree, but with managers such as Ali Abdelaziz who manage a pretty high percentage of UFC stars, including multiple stars fighting on this card, not taking a stand against fighters signing such draconian wavers from a management perspective, is negligent.

Of course, should more be expected of someone with Abdelaziz’s track record?

Yeah, part of the impetus behind the original Ali Act was to reign in shady agents and managers.