John Nucci Profile picture
Feb 25 15 tweets 4 min read
A thread of restrictions included in certain LIV golfers’ contracts, according to recent court filings.
1. Players must play in every LIV event as a fundamental condition of their contract, and LIV retains "sole discretion" in the number, location, or dates of events.

LIV has already exercised that discretion to increase the # of events from 8 to 14, not including the 4 majors.
2. Players grant LIV an *exclusive*, perpetual, royalty-free, worldwide, irrevocable license to exhibit, exploit […] and otherwise use players’ identification in connection with any promo activities, apparel, and all content created by LIV during the term of their contracts.
3. Players must wear LIV team apparel in LIV events, non-LIV tournaments, and other events in which they must participate.
4. Players must agree they will not enter into any "conflicting contract.”

Although not directly on point, this one is particularly interesting given that the PGA Tour’s competing event policy is the foundation of LIV’s antitrust claims.
5. Players are required to use their social media platforms to promote LIV.
6. Players are obligated to make required appearances including multiple sponsorship activations, receptions, meet and greets, and appearances at each team's draft event.
7. Players must lend their likenesses to content creation, including photoshoots/video content, participate in a mini-series documentary series, and agree to their inclusion in LIV marketing materials.
8. Players are prohibited from providing exclusive interviews with or appearances in or on any media or social media in relation to any LIV activities without first obtaining LIV or team operator approval.
9. Players are required to participate in and assist LIV with meetings, negotiations and/or other activities with corporate sponsors, including team promotional activities and league activities.
10. At LIV's request, players must introduce LIV representatives to the player's existing or prior sponsors to facilitate sponsorship discussions for LIV and other LIV Players.
11. Players must not make statements or commit acts in public forums that are: false, defamatory, slanderous, or that may adversely affect the reputation or public image of any “relevant person.”

Relevant persons includes LIV shareholders, like the Kingdom of Saudi Arabia.
In short, at least some LIV contracts appear more restrictive than the the competing event policy that LIV is challenging on antitrust grounds.

Additionally, LIV players may not have full control of their likeness, which was a public gripe of Phil Mickelson against the PGA Tour.
In August 2022, Judge Beth Freeman, who is overseeing the case, remarked the following about LIV contracts:

“[These contracts] lock up these players in ways that the PGA Tour never imagined. They are so restrictive."
For more on the #PGA v. #LIV saga, follow me and @ConDetrimental. We are always writing, tweeting, and talking about all things sports law, golf, #NIL, and more

Below is an article from this week analyzing the recent court decisions in this case 👇

LINK: conductdetrimental.com/post/liv-on-th…

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