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YOUR BALANCE
The GOR/ESPN Media Agreement bombshell - summary
Tiger Boards - Clemson Football
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Replies: 38
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The GOR/ESPN Media Agreement bombshell - summary

26

Aug 2, 2024, 10:28 AM
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The original 2013 GOR signed by the ACC locked in ACC member media rights until 2027. This was signed alongside the ACC signing a media agreement with ESPN for a media deal until 2027. This media agreement also had the following option:



This gave ESPN the ability to extend the media agreement from 2027 to 2036 (assuming the redacted date is 2036. Not sure why it would be redacted. I would think the only reason to redact it is if it DOESN'T say 2036) if they executed the extension by notifying the ACC in writing within 2 years of the launch of the ACCN. The ACCN was pushed year after year after year if everyone remembers. SEC launched theirs in 2014. The ACC was desperate to get theirs launched.

Fast forward to 2016, we all know how desperate John Swofford was to get the ACCN as his legacy depended on it. The ACC was strong armed into amending and extending the GOR from 2027 to 2036 based on John Swofford telling ACC members that ESPN would execute the extension in the ESPN media rights deal if they extended the GOR out to 2036.



The ACC expected ESPN to execute this extension based on Swofford's letters to them. However, ESPN did not. The ACCN was launched August 22, 2019. This deadline would have come up August 22, 2021. ESPN did not extend. This was bad faith dealing by both ESPN and John Swofford. But then....



The issue at hand is the accusation that in 2021 Jim Phillips extended this deadline until Feb 2025 unilaterally without a vote of 2/3s of member institutions which he cannot do. Without this extension of the dead line the ESPN media agreement would be fulfilled in 2027 and any media agreement thereafter would have to be a brand new agreement. The GOR signed in 2016 would also end in 2027 as it clearly states that it serves to execute the obligations under the ESPN agreement.

Notice the dates of this docusign workflow. Just before the deadline.

Can Jim Phillips provide proof that he was given permission from 2/3s of conference members to extend the deadline to 2025 and change the ESPN Agreement?

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Re: Summary of the "bombshell" from the released documents

1
3

Aug 2, 2024, 10:31 AM
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What does all of this mean? How is this possible?!?

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Tell 'em coot. No one knows losing better than you.

1
4

Aug 2, 2024, 10:58 AM
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.

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Re: Tell 'em coot. No one knows losing better than you.

1
4

Aug 2, 2024, 11:10 AM
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Is that what your wife says to you every morning?

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Tell 'em coot. No one knows losing better than you.


Aug 2, 2024, 1:31 PM
Reply

LOL

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Re: Summary of the "bombshell" from the released documents

5

Aug 2, 2024, 12:38 PM [ in reply to Re: Summary of the "bombshell" from the released documents ]
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I thought I explained it pretty well.

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Some people cant read more than a few sentences without losing train of though


Aug 9, 2024, 10:01 AM
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Its me, I’m some people

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FSU is asserting that Jim Phillips unilaterally extended ESPNs option

3

Aug 3, 2024, 12:50 PM [ in reply to Re: Summary of the "bombshell" from the released documents ]
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Thereby ammending the contract without 2/3rd’s vote of memebet institutions and in violation of the conference bylaws

The argument is that if the ACC circumcented the bylaws, then then the extension is not legally binding and member schools are only bound by media rights grants through 2027 and not 2036.

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bingo***


Aug 4, 2024, 10:29 AM
Reply



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Re: FSU is asserting that Jim Phillips unilaterally extended ESPNs option


Aug 5, 2024, 10:06 AM [ in reply to FSU is asserting that Jim Phillips unilaterally extended ESPNs option ]
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You mean the same by laws that all members of the ACC have agreed to since 2016?

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Re: Summary of the "bombshell" from the released documents

1

Aug 3, 2024, 1:32 PM [ in reply to Re: Summary of the "bombshell" from the released documents ]
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It means Clemson is going to the B1G or replacing UofSC in the SEC.

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I find it interesting also that the end date is redacted. If the original was

1

Aug 2, 2024, 11:18 AM
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2027, nine more years seems like an arbitrarily strange extension time.

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june 2027 to june 2036 would give ESPN an additional 8 seasons

1

Aug 2, 2024, 11:24 AM
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of broadcast rights.

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I think it's actually 10 years, 27-36

1

Aug 2, 2024, 5:22 PM [ in reply to I find it interesting also that the end date is redacted. If the original was ]
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Nm

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Youre right. Not sure what the heck I was counting.***


Aug 2, 2024, 8:43 PM
Reply



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Re: Youre right. Not sure what the heck I was counting.***

1

Aug 3, 2024, 7:28 AM
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Use all your fingers or toes, it makes it easier. 🤣

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Re: Youre right. Not sure what the heck I was counting.***

1

Aug 3, 2024, 12:43 PM
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The holiday inn express didn’t help with math 🤣🤣

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Turns out it's 9 years


Aug 5, 2024, 8:34 AM [ in reply to I think it's actually 10 years, 27-36 ]
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27, 28, 29, 30, 31, 32, 33, 34, 35

It ends June 2036 and doesn't include that season.

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It makes you wonder if ESPN has multiple option dates that allow


Aug 3, 2024, 12:56 PM [ in reply to I find it interesting also that the end date is redacted. If the original was ]
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Them multiple exit ramps before 2036

I suspect ESPN is not currently bound to 2036 and has further options, but it sounds like this will come out in court because FSU has the unredacted agreement now.

I'm curious if the ACC can prove they got 2/3rds approval from member institutions to extend ESPN’s first option.

It sounds like if they did, then they did it without asking for FSU’s approval because they were afraid FSU would lobby other institutions against it

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Re: It makes you wonder if ESPN has multiple option dates that allow


Aug 9, 2024, 10:52 AM
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Wouldn't it be both unethical and possibly illegal if the conference did not inform one or more members of the conference of their intentions to extend the contract to keep them from lobbying other schools not to vote for the extension?

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Re: Summary of the "bombshell" from the released documents

3

Aug 2, 2024, 11:27 AM
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Thank you counselor! Well done. I am very sure that ole Jimmy did not follow conference by laws when he executed the docusign amendment on 8/14/2021 just before the deadline to extend. Great evidence that the contract only runs through 2027.

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Not an attorney. But I did stay at a holiday inn express once...***

5

Aug 2, 2024, 11:30 AM
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Re: Not an attorney. But I did stay at a holiday inn express once...***

3

Aug 2, 2024, 1:06 PM
Reply

That should qualify you enough, but if you stay a week, you probably could become a full time attorney;)

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Re: Not an attorney. But I did stay at a holiday inn express once...***

1

Aug 2, 2024, 2:15 PM
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I have worked in the legal industry and for law firms for over 20 years now. Ive been around attorneys long enough. Maybe that qualifies me along with the HIE.

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Thats good!

1

Aug 3, 2024, 12:26 AM [ in reply to Not an attorney. But I did stay at a holiday inn express once...*** ]
Reply

Crump® and B-Meist® won’t be on the hook for legal fees!

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Re: The GOR/ESPN Media Agreement bombshell - summary

6

Aug 2, 2024, 6:14 PM
Reply

Just wanted to chime in to thank you for putting this together. I'm sure it took quite a while to pull all of this together into such a succinct write-up, well done and thank you.

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Re: The GOR/ESPN Media Agreement bombshell - summary

2

Aug 3, 2024, 2:39 PM
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There’s another thing that I want to note of importance.

Notice that 14.1 gives ESPN the OPTION without OBLIGATION to EXTEND the agreement.

It also gives the ACC the right to revoke the option.

Jim Phillips continually uses the term “Look in”. This is not a look in. A look in would be the ability of a party to renegotiate the terms of an existing contractual period. Unless ESPN executes 14.1 then the 2027-2036 contractual period doesn’t exist.

Now with that said, we do not know what Jim Phillips signed in August of 2021 nor if a vote of ACC members ratified it.

Is it possible that ESPN notified the ACC of its intent to execute 14.1 and the ACC threatened to revoke the option all together if ESPN didn’t amend 14.1 to add a “look-in” for renegotiation in 2025 (this would coincide with other media agreements expiring during 24/25)? Sure I guess it’s possible that the amendment in 2021 included a look-in. Was it ratified?

These are all still unanswered questions to my knowledge.

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Re: The GOR/ESPN Media Agreement bombshell - summary


Aug 3, 2024, 2:44 PM
Reply

I would be very interested in bretfsu®’s thoughts on this thread.

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Re: The GOR/ESPN Media Agreement bombshell - summary


Aug 9, 2024, 10:27 AM
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He has peed his pants...especially after the Florida AG dropped their suit...bet those injuns don't want to be independent (lost) again! Let see if all those hoping for great things are going to be happy with less...would not let the ACC give us too much flak...we have made them lots of money!

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Re: The GOR/ESPN Media Agreement bombshell - summary


Aug 5, 2024, 10:08 AM
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ESPN will sign the extension. Why wouldn't they?

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Several Reasons

1

Aug 5, 2024, 10:36 AM
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1. The validity of the 2021 amendment is being challenged. If this amendment is, infact, invalid then ESPN's execution of the extension would be invalid as their deadline passed in 2021. ESPN is likely waiting to see the result. Their supposed new dead line is Feb 2025.

2. Even if all challenges to the GOR and Exit Fee and Media agreement fail, there's still the chance that FSU and/or Clemson can pony up the remaining value of exit through private equity at any point between now and 2036. This would leave ESPN paying the remaining 16 ACC teams the same money with 1 or even 2 (and maybe others) of the biggest Football Rating programs leaving. The media agreement remains valid so long as the ACC stays at 15 or more schools regardless of who leaves or enters.

3. There's also the possibility that ESPN/SEC/B12 wants to secure FSU and Clemson before the B1G and Fox do. They could make a move to not extend the agreement with 2026 (settlement to buy out one year) or 2027 as the target date for expansion. Which means the two schools would announce departure after 8/15/24.

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Re: Several Reasons

1

Aug 9, 2024, 6:56 AM
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If ESPN tells the ACC that it will extend the agreement to televise ACC games through 2036, the ACC will vote to accept the deal. I think ESPN will make such a proposal because the ACC offers ESPN cheap programming.

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#2:


Aug 9, 2024, 10:24 AM [ in reply to Several Reasons ]
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If the membership of the ACC is reduced for two of its members leaving the conference ESPN would be justified in legally ending the agreement.

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Re: Several Reasons


Aug 9, 2024, 11:03 AM [ in reply to Several Reasons ]
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I think number 3 is what is coming and why Clemson is seeking clarity on the fees. I believe Clemson understood that ESPN had the control here to back out of the ACC tv agreement. For ESPN's financials, adding Clemson/FSU to the SEC for $100M/yr each is cheaper than extending the ACC contract. They could even add a couple more ACC schools and still come out ahead.

There may also be illegalities that may blow the whole thing up too.

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Re: Several Reasons


Aug 9, 2024, 8:00 PM [ in reply to Several Reasons ]
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By breaking the agreement they may have to accept liability from other members of the ACC, the ACCitself and lost revenue from ESPN...good luck with those...when you break a deal you can be liable for that part of the deal that you have dislocated!

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Re: The GOR/ESPN Media Agreement bombshell - summary


Aug 9, 2024, 11:42 AM
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TL;DR version - Both Swofford in 2016 and now Phillips in 2021 have gone out of their way (perhaps illegally and behind the conference member's backs) to screw over Clemson and FSU via a rushed and crappy deal with ESPN. The ACC hates Clemson and FSU but loves, loves, LOVES the money our football programs pump into the conference.

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Re: The GOR/ESPN Media Agreement bombshell - summary


Aug 9, 2024, 12:49 PM
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I propose a jury trial!

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Re: The GOR/ESPN Media Agreement bombshell - summary


Aug 9, 2024, 8:37 PM
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There’s just one problem. Clemson has reviewed all these pertinent GoR and ACC-ESPN media agreements (unredacted). They are not making any such claims about the contract ending in 2027 or invalid extension of the ESPN opt-in deadline to Feb. ‘25. I’m going to assume these high priced attorneys would have pursued this strategy if exiting the conference in 2yrs with media rights in hand and only the exit cost to left to negotiate. It all sounds do promising kinda like fool’s gold.

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Re: The GOR/ESPN Media Agreement bombshell - summary


Aug 9, 2024, 11:21 PM
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How can it be possible that 2/3 verbal approval can allow commish to sign agreement for ALL members with large long term commitment and import? Makes no sense. Sounds to be above and beyond his job description. If it were me it would have taken an in person vote strictly following the agreed upon conference charter. Can’t imagine it allowed such. If so then shame on all the schools as well as Phillips for being so arrogantly ignorant. And yes money for conferences was an issue in 2016 and he and all rhe schools including the 2/3 who voted yes, IF they did are to blame. No way This should have been a 2/3 vote.

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