Has the ACC Materially Altered the GOR Contract? (Addemdum to Clemson Lawsuit?)

Jul 1, 2024, 12:57 PM

Would I be correct that the ACC - not Clemson - has materially changed the terms and costs of the Grant of Rights contract? I am no lawyer, so feel free to tell me how crazy this argument would actually be from a legal standpoint:

Dear ACC:

As a conference member, Clemson University has made noteworthy contributions and sacrifices that have benefitted all members of this conference. We (Clemson) have invested heavily in our athletic programs, including substantial investments in football that have far exceeded the average investment of other ACC members. Our investments in football have provided substantial financial returns to the ACC and to its individual members.

When we signed the conference Grant of Rights contract (GOR), we understood that as a member of the ACC we would receive lower compensation than the value of the Clemson brand within the open market. We also understood that we would receive lower compensation than did members of other conferences. We were willing to accept this lower level of compensation based in part upon limiting the expected travel requirements of our student athletes as determined by ACC membership at that time.

Since signing that agreement, however, the ACC membership has been expanded in a manner that has now substantially increased student athlete travel burdens. The expanded membership, therefore, has substantially and materially changed the terms of the original GOR contract. The ACC made this change without Clemson's agreement.

Since the ACC’s has substantially and materially altered the original contract terms, Clemson is, therefore, no longer legally bound by this Grant of Rights contract.

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Re: Has the ACC Materially Altered the GOR Contract? (Addemdum to Clemson Lawsuit?)

I'm no lawyer, but I deal with them regularly as an auditor of commercial leases. Regarding your statement, I like how it sounds at face value. However, without personally seeing and reading what was agreed upon in writing and signed by all parties, it is impossible to say that Clemson can use such an argument to get out of the contract. The fine print may allow the conference to add other universities to the ACC, without limitation of distance or geography, upon a vote of a specific % majority of the member institutions. The contract is likely silent on the issue of the distance of potential new schools, due to the fact that (my opinion) it would have been unheard of for east coast and west coast schools to be in the same conference 10 years ago... These are just my initial thoughts after reading what you wrote.

Re: Has the ACC Materially Altered the GOR Contract? (Addemdum to Clemson Lawsuit?)

Has the ACC Materially Altered the GOR Contract? (Addemdum to Clemson Lawsuit?)

Re: Has the ACC Materially Altered the GOR Contract? (Addemdum to Clemson Lawsuit?)

Re: Has the ACC Materially Altered the GOR Contract? (Addemdum to Clemson Lawsuit?)

Re: Has the ACC Materially Altered the GOR Contract? (Addemdum to Clemson Lawsuit?)

Re: Has the ACC Materially Altered the GOR Contract? (Addemdum to Clemson Lawsuit?)

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