M
Mark E
Guest
What is the name of your state? Not sure where this applies
The national governing body for the sport of gymnastics in the United States is USA Gymnastics. At the U.S. Trials, the test event that helped to decide which athletes would represent the U.S. at Athens, the athletes were given a choice.
Sign onto a tour contract for USA Gymnastics (known as the TJ Maxx tour), or it may adversely affect your chances of making the Olympic team. This was not stated directly, but the message was made clear. All of the women competitors signed the contract. The contract is written that only if an athlete makes it onto the Olympic team will they have to do the tour. Given that USAG is the national governing body for the U.S.A., they and they alone (by committee) decide who can represent the U.S. in international competition (World Championships, Olympics, etc.), they are in a position to end the career of an elite athlete (or keep one from beginning) should they decide to do so. The tour does pay their performers (amount unknown). However, many of the girls that signed the contract would like to keep their NCAA eligibility (to compete in college). The NCAA prohibits financial compensation for athletic performance. In doing so, they would not be able to accept financial compensation for their work. Travel and living expenses are covered by the tour and do not affect eligibility. This is a 40 stop tour in addition to practice sessions. This is a great deal of time and work, lasting from September 18th through November 28th, 2004. The TJ Maxx Tour is the largest fundraiser USAG currently has.
One gymnast, Courtney McCool is 16 years of age. Her mother signed her onto another (competing) tour named Rock 'n Roll Gymnastics Tour. When USAG found out that Courtney McCool had signed onto the competing tour, they quickly (within a week) had secured a date and location that conflicted somewhat with the other tour's schedule (Although it is not relevant, they chose her hometown.).
The public relations rep for USAG, Brian Eaton stated:
It's a total breach of contract,” Eaton told The Star on Thursday. “Our contract says if you're doing our tour, you're not doing the other. She's going to have to choose one or the other.”
“Everybody,” said Eaton of USA Gymnastics, “is going to wonder what happened to Courtney.”
The last statement is interpreted by many within the gymnastics community as a thinly veiled threat. Should C. McCool and/or her parents decide that she would perform for the other tour, USA Gymnastics would end her career as an elite gymnast. Once again, USAG is the national governing body. The competitors are chosen by coaches and committee (who are also governed by USAG). This is not like track & field or swimming where time trials will determine who competes/represents the U.S. Eaton could very well have meant that people will wonder why she's not on the tour; he might state that people had misinterpreted his meaning. He is an experienced spokesperson.
I'm not sure, but I believe the USAG contract was signed first.
Is the USAG contract valid given the circumstances under which it was agreed to?
I feel that the governing body has abused its power and authority in having the athletes sign the contract BEFORE the U.S. Trials, thereby insuring that the girls and their families would sign (or lose their shot at the Olympics).
Courtney McCool is a minor and cannot sign a binding contract. Her parents are able to sign for her (assuming liability also), correct? Given that C. McCool has nothing to gain from this tour (if she decides to maintain her NCAA eligibility), why would she be forced to do it? Can a parent or governing organization FORCE a child to work (40 performances + practices) if she is not being financially compensated?
There would seem to be no benefit for her in doing so. Her options appear to be:
1. Do both tours & probably end her career as an elite gymnast.
2. Do only the USAG tour and possibly be sued by R'nR Gymn Tour.
3. Do only the R'nR tour, and definitely end her career as an elite gymnast.
4. Do neither tour and be sued for breach of contract by both parties.
What are her legal options? What is her legal standing? Is the USAG contract legal, valid, and enforceable?
The national governing body for the sport of gymnastics in the United States is USA Gymnastics. At the U.S. Trials, the test event that helped to decide which athletes would represent the U.S. at Athens, the athletes were given a choice.
Sign onto a tour contract for USA Gymnastics (known as the TJ Maxx tour), or it may adversely affect your chances of making the Olympic team. This was not stated directly, but the message was made clear. All of the women competitors signed the contract. The contract is written that only if an athlete makes it onto the Olympic team will they have to do the tour. Given that USAG is the national governing body for the U.S.A., they and they alone (by committee) decide who can represent the U.S. in international competition (World Championships, Olympics, etc.), they are in a position to end the career of an elite athlete (or keep one from beginning) should they decide to do so. The tour does pay their performers (amount unknown). However, many of the girls that signed the contract would like to keep their NCAA eligibility (to compete in college). The NCAA prohibits financial compensation for athletic performance. In doing so, they would not be able to accept financial compensation for their work. Travel and living expenses are covered by the tour and do not affect eligibility. This is a 40 stop tour in addition to practice sessions. This is a great deal of time and work, lasting from September 18th through November 28th, 2004. The TJ Maxx Tour is the largest fundraiser USAG currently has.
One gymnast, Courtney McCool is 16 years of age. Her mother signed her onto another (competing) tour named Rock 'n Roll Gymnastics Tour. When USAG found out that Courtney McCool had signed onto the competing tour, they quickly (within a week) had secured a date and location that conflicted somewhat with the other tour's schedule (Although it is not relevant, they chose her hometown.).
The public relations rep for USAG, Brian Eaton stated:
It's a total breach of contract,” Eaton told The Star on Thursday. “Our contract says if you're doing our tour, you're not doing the other. She's going to have to choose one or the other.”
“Everybody,” said Eaton of USA Gymnastics, “is going to wonder what happened to Courtney.”
The last statement is interpreted by many within the gymnastics community as a thinly veiled threat. Should C. McCool and/or her parents decide that she would perform for the other tour, USA Gymnastics would end her career as an elite gymnast. Once again, USAG is the national governing body. The competitors are chosen by coaches and committee (who are also governed by USAG). This is not like track & field or swimming where time trials will determine who competes/represents the U.S. Eaton could very well have meant that people will wonder why she's not on the tour; he might state that people had misinterpreted his meaning. He is an experienced spokesperson.
I'm not sure, but I believe the USAG contract was signed first.
Is the USAG contract valid given the circumstances under which it was agreed to?
I feel that the governing body has abused its power and authority in having the athletes sign the contract BEFORE the U.S. Trials, thereby insuring that the girls and their families would sign (or lose their shot at the Olympics).
Courtney McCool is a minor and cannot sign a binding contract. Her parents are able to sign for her (assuming liability also), correct? Given that C. McCool has nothing to gain from this tour (if she decides to maintain her NCAA eligibility), why would she be forced to do it? Can a parent or governing organization FORCE a child to work (40 performances + practices) if she is not being financially compensated?
There would seem to be no benefit for her in doing so. Her options appear to be:
1. Do both tours & probably end her career as an elite gymnast.
2. Do only the USAG tour and possibly be sued by R'nR Gymn Tour.
3. Do only the R'nR tour, and definitely end her career as an elite gymnast.
4. Do neither tour and be sued for breach of contract by both parties.
What are her legal options? What is her legal standing? Is the USAG contract legal, valid, and enforceable?