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Shortround’s contract seemingly illegal

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A few days ago, the official site of Four Kings announced the switch-over of American WC3-gamer Shortround. The announcement was later taken back, being declared as premature since the American was still under contract with his former team mousesports. But both parties seemed to be striving for an agreement, which led to rumours about a possible transfer sum. Events now take an unexpected turn, that imparts an increased gravity to the proceedings.

readmore.de has access to the actual contract between Shortround and Freaks4u GmbH. The contract is lacking any reference to jurisdiction and location of court. Since Shortround is from the US and Freaks4u from Germany, it is left unclear what jurisdiction would be responsible for solving contract matters. Missing is also a paragraph defining a postal address. This means Shortround could sideline any attempts to sue him simply by moving in with his girlfriend. Only with an exactly laid out postal address would Shortround be liable to claims since it would be certain, that he received them. With the present contract Shortround would not face a judgement in absence if he ignored a court order.

Problematic as well are the training times prescribed by the contract. Since a player of mousesports has to train a certain amount of time during a week following a precise schedule, he can no longer be considered a free-lance worker for Freaks4u GmbH. This implicates, that the contract could be considered as a real employment contract with differring conditions. German welfare contributions would only incur though, if the player worked mainly in Germany.

Furthermore, after an extraordinary notice of dismissal the contract prohibits the player to be active for any other team. To infringe upon this condition results in a heavy fine. The problem is, that this fine would be in no relation to the monthly earnings of the player. A court would most probably redefine the sum or completely dismiss it. Additionally, the six month ban would only be valid if Freaks4u GmbH granted a monetary compensation for the lay-off. The usual compensation sums range from 50% to 75% of the player’s monthly income, but there is no mention of this.

Beside all of that, there are several imprecise terms, missing definitions and unanswered questions. The contract contains many allusions to a payment for expense consumptions without further specifying what they are. Subsistence or lease costs are not being ruled out. It is also noted that in case of missing sponsors, Freaks4u has the right to lower the payment or skip it. It is unclear whether the player has an ex-post entitlement to this payment, i.e. is paid later.

On a decrease of the player’s income, there is the possibility of disbanding the contract in order to negotiate a new one. However, the income is not defined clearly enough and underlies different factors, e.g. the sale of products with the player’s name tag on them, so that the contract suspension could almost happen any given month.

An expert consulted by readmore.de came to the conclusion that the contract on hand is illegal on the basis of several massive shortcomings. According to our sources, Four Kings‘ solicitor reached the same assessment. Thus, Shortround could change to Four Kings without facing a legal aftermath. A definitive answer can only be given by a court though, if both clans and the player can not reach an amicable agreement.

Serious consequences could follow such a legal precedent, if other player contracts of Freaks4u resemble the one on hand. Chances are, no player of mousesports is legally bound to Freaks4u GmbH, and thus could change teams at any time without fear of a lawsuit.

Update: We just received confirmation, that three independent lawyers from France, Germany and the US who checked the contract on behalf of a Four Kings member have deemed it illegal. Freaks4u is going to issue an official statement tomorrow.

  1. Sean` #1
    wieso einmal deutsch und einmal englisch?
    otacon #2
    will readmore auch über dtl.s grenzen hinweg tätig werden?
    eBunny #3
    Man kann sagen es ist ein exklusiv Artikel mit Insider Info´s! Das bringt mehr besucher nd bsetimmt hilfreich bei der suche nach Sponsoren/ Partnern.
    mad_melone #4
    weil das einerseits mehr leute als nur die dt. szene interessiert und ausserdem so wies aussieht exclusiv material ist, das ja auch in den rest der welt via anderen szene seiten verbreitet werden will
    mstrrk #5
    #4 hoffentlich nicht ;-)
    derb #6
    jo wie den nu?
    peace #7
    @ previous speakers

    due to the fact that this topic is also very hot for the international scene we decided to translate the article into english as well
    METZGERR #8
    #7 this topic is obviously non-sense for the international community since your details and hot, execlusive material is at least bs.
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