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Bode News - Page 12

post #331 of 368

Provisions can be put in contracts that a court will not enforce. Courts in the USA are generally rather reluctant to enforce covenants not to compete as being anti-competitive and not in keeping with free market economic principles  If Bode Miller acquired proprietary knowledge or other unique or confidential information from his association with Head which presently could be used to Head's detriment, the ski manufacturer may have a stronger case.


Miller has been not been competing on World Cup since February 2015. If he can demonstrate that enforcement of  the non-compete provision will impact his ability to  maximize his livelihood by returning to his primary occupation, ski racing, while he still has the potential to be competitive, I suspect a federal court will be disinclined to enforce the non-compete clause. This is based on the limited information in the article.


On a practical level, Head is well aware that Miller has won races skiing for four other ski brands and retains star quality, particularly in Europe. Head also has a stable full of skiers under contract whom they likely do not want to see inspired by Miller's actions. This case seems to be one that can be quietly settled between the parties.


Now back to predicting snowfall for the upcoming season.;) 

post #332 of 368

Seems pretty short-sighted of Head.   They have built up a lot of goodwill and rep from being associated with Bode, and had little to lose by gracefully saying "Thanks for all the years, it's been great associating with you, let's do more in the future if you feel like it" - by just letting him be Bode, letting him get a bit creative for himself outside the box a bit.   Nobody would have thought less of Head skis if Bode wanted a "hands on" process with a small, super custom ski company looking for transformation.  Big hug.  


But that is not how it's playing out in real life, is it.  And Head will be the loser, seems like.      

post #333 of 368

I don't really think Head will be loser, even as far as publicity goes, but then again, I don't know anything about US law, and unfortunately I'm not all that great in marketing either. But thing is Bode has contract with Head. If he wants to ski WC, he should ski on Head skis, or wait till contract expires (or he buys himself out). I'm all for Bode, but like it or not, I don't really feel anything for people who think contracts are good only until they get something out of it, and they can cancel them same second when something better for them comes across. I'm pretty sure there's no way Bode would be getting material and service he was used to from Head, but he should think about this when he was signing contract (and getting paid for this).

post #334 of 368

From the HEAD facebook page:



HEAD has been sued by Bode Miller, whereby Bode Miller is contesting his obligations pursuant to the termination of his endorsement agreement with HEAD in 2015. Bode Miller told HEAD he would finally retire from ski racing but asked a personal favour that his contract would be terminated a year early such that he could enter into an endorsement contract with another ski company for his personal gain. HEAD agreed with his manager to release him from his contract based on his unequivocal intention to stop ski racing, and on the condition that in the event that he changed his mind he agreed not to compete in World Cup or World Championship racing until the end of the 2016/17 season on any other equipment than HEAD skis, boots and bindings. Bode Miller agreed to this as is stipulated in the termination agreement. Notwithstanding the terms of the termination agreement, Bode Miller recently announced that he would breach this agreement. HEAD will be seeking to have Bode honour his contractual commitments and is fully behind him skiing competitively this season, on Head skis, as he is obligated to do.

Johan Eliasch, chairman and CEO of HEAD stated: ‘I am truly very disappointed to see that Bode has no intention to honour his word and that he intends to breach our agreement to that effect. We will take every action to enforce our rights against Bode. That said, HEAD would welcome Bode's return to World Cup racing, but it has to be on HEAD equipment.'

Rainer Salzgeber, director of the HEAD Ski Race Team added: 'Of course I would like to see Bode racing again, but it has to be on HEAD equipment.

post #335 of 368

I guess Head doesn't want to see Bode winning on Blossom skis.   I'm no lawyer, but it seems to me Bode would have to pay Head whatever Head is deemed to have lost by by a court through Bode not honoring the contract.

post #336 of 368

I think it is more of a personal matter than them being worried about him winning on Blossom skis. I don't think it's realistic, he had great skis a couple of years back from HEAD in speed and was on a decline then. A bit small one could say, why not just let him go. However that's not the way businessmen roll.

Edited by Karlsson - 9/19/16 at 8:03am
post #337 of 368

I don't imagine he will win a globe, but I would not be surprised if he won a few races.

post #338 of 368

I would be VERY surprised.

post #339 of 368
Bode Is 39. He has had a lot of nagging injuries, including his back. His performance was slipping four years ago, and he missed most of 2015 and all of 2016. The other people in the sport are working hard, on and off snow to be ready to go. It's a grueling season. Bode, I imagine is in great shape for a 39 year old guy, and he's a tremendous athlete. But how long will it take him to be ready? What's his level WC speed ski fitness?

There's also the issue of the USST, who still list him as an A team member, because he has refused to admit that he was retired, and he has been injured, to some degree. SO I guess you could say he's been on hiatus. They, I'm told, very much consider him done. The USST makes the decisions on all WC entries. There is no guarantee of Bode ever stepping in another WC starting gate. They have a lot of up and coming speed skiers who need experience on the WC, on those hills. This could be a real conflict. There was more tolerance for Bode being "OP" {own program} when he was at the top of his game. I'm not convinced that he'd fare that well even they went to a time trial for three or so of the starting spots, depending on his skis.

The skis are a HUGE issue. As others have mentioned, at the height of his career, Bode had the fastest skis on the WC. Acknowledged pretty much by everybody, I think. In the last couple of years, Svindal has the the pick of the best Heads. The assumption that Bomber can not only design and press good speed skis, but have then sufficiently conditioned and run in to be remotely in the hunt is a big one. I think it's a huge question mark, and I'm not alone. The skis matter SO much. They might build a pretty nice ski. I think they built rec skis and tech skis that feel great {whether they have any that time great is another question}. I doubt if they will press speed skis that are better than the faster skis on the NorAm circuit, which simply can't run as fast as those under the feet of the top seed on the WC. So, just assume that on an average WC DH, their skis run either side of two seconds slower. That puts you in the 20's or higher. And they could be much slower. My son has been in on a lot of testing, and the variance is big.

I am a huge fan of Bode's and have watched him ski for about 25 years. I am perplexed by this whole thing. And I'm in the camp that even on the Head stable that he was on in 2015, it would take a miracle for him to podium. I just can't see a win. On the Bombers, the miracle might be a top 10 or 15 finish. I may be underestimating things.

Lots of factors in this one. Not as simple as Bode deciding on his own, in mid September, that he's coming back.

I'm a fan, I wish him well. Might be the time to retire, to promote and work on Bomber in other ways.
Edited by Muleski - 9/19/16 at 11:29am
post #340 of 368

Kind of reminds me of when Warren Miller sold his film company and signed an agreement that he couldn't make films or be in ski films.  He did voice over for an indie ski film and got in trouble for it.



His answer was to do live shows I believe.


Steve's Ice Cream was a huge success. Steve Herrell sold it and his own right to use his name in a product.


He later opened Herrells.

post #341 of 368
"He later opened Herrells."
And was probably surprised that lightening didn't strike again.
post #342 of 368

I probably should have added that I don't think there is a chance in Bode returning, and skiing on Head. They have crossed the river and burned the boats. No going back. Bode is stubborn and Head is very much Eliasch's company {as it should be}. If he comes back, he won't be on Head. Doesn't work. 


If I had to guess, the state of CA will be very friendly to Bode. Of course I'm not a lawyer, and I have no idea how jurisdiction works on these things. Most of his "work" would be in Europe. I have a hunch that they rule the non-compete is onerous, and not enforceable. However, we haven't see it, and we don't know how much verbiage is in there with Bode stating that he was retiring, as one example. 


Again, my hunch is that this is NOT as much about Bode wanting to compete on the WC again, and ski a full speed schedule, as it probably is about Bode picking his spots, and having a lot of Bomber photo-ops. Of course one of my industry friends, on the race side, was wondering if anybody at Bomber would possibly ask "is that realistic?" if Bode stated that he was absolutely sure that he could be competitive again.....on their skis. Not like this has been a serious race operation. Maybe they've staffed up? 


Maybe they make a deal, and the USST starts him at Beaver Creek, and perhaps in a few of the other classics. And everybody parts on good terms. He does admit that he's retiring, and the USST honors him, maybe at US Nationals at Sugarloaf, where so much came together in his young career. 


It's really unchartered territory, I think.  I don't want anybody to look badly in this. Head is a force in the sport, and has been SO good to the sport. I get that Eliasch has a huge ego. He also pours more money than anybody into alpine racing. I don't want to see Bode look foolish, or greedy. I don't want the USST to look like they're not treating Bode fairly. That's a very tough one. And I like free enterprise, and while I scratch my head at Bomber {this is NOT a brand new deal}, I'd like them to do well, and for Bode to do well as a partner there. 


We shall see, I guess. 

Edited by Muleski - 9/19/16 at 1:46pm
post #343 of 368

Bode was more than happy to take Heads millions and voluntarily signed a non-compete agreement when he asked to terminate his contract a year early. This is not about being creative, or Bode being Bode. It is about $MONEY$, pure and simple. Miller is delusional if he thinks he can be competitive with the current crop of young WC Studs. He should avoid the embarrassment and honor his contract.

post #344 of 368

I can't see that this is about money. There's no way Bode would be making money (=a comeback story) for HEAD by competing on the WC. He'd need to win at least once for that ... slim chance bordering to unrealistic. When was his last WC win? Generally I agree completely--you have to honor a contract. But you also have to give people a break when there's nothing to gain (or loose really). Let the man go and try to do something with this ski brand (Bomber it was, not Blossom). Should be interesting. But I guess HEAD is too Swiss.

post #345 of 368
I'm largely on the same page. Bode's agents told Head that Bode was retired, and asked them to release him from the one year left on his contract {they are all personal services contracts} so that he could start his new role with Bomber.
My guess is that somebody at Head said, "you never know with him", do they added the "should he UN-retire" non compete. We still have no idea if he was compensated at all at the time this was done.
So, yes we now hear he wants to come back, on Bomber. I'm not a friend of his, may have spoken to him a dozen times. I do have common friends with him. Nothing surprises me.

To say Bode is unique is an understatement. He listens better than when is younger, which isn't a big leap. He has always vLued his on instincts and impressions above all others. Part is genius, part is really difficult to manage, coach, etc.
I would think that Bode knows that he's going to be in a dogfight to get WC starts with a group of guys close to 20 years his junior. He's got no chance against the regular group. People in this game think this Bomber deal is a joke, in terms of WC speed, and being fast.
BUT, Bode is Bode.

I hope he seriously listens. He's not ready. He has no time on snow. He probably has no gym time specific to racing. Who knows about his fitness level to perform for two minutes in a WC DH?
His body has a lot of miles on it. When you have back problems, which he has had, it's not good.
The whole equation is not good: the age, the lack of training, the time away, the injuries.....and then add it the skis. You know, I love my Landcruiser, but it could do too well at LeMans.
There is no way.

So yep, it's about money in the end, I think, but also about his genuine desire to make something out of Bomber.

Head was tremendous to Bode. I have no clue what he was paid it total. When he signed the deal, it was the biggest ever in the sport. The support was off the charts. Add to it what Eliasch and his company do for the WC.

Bode has always been nice and generous at one minute, and very selfish another. In this case a court will decide, I guess.

I don't blame Head....nor do I blame Bode.
If Bode simply said publicly "I have retired" a while ago, it might have helped. But he can't do that.

It would have helped the USST. The USST has many challenges. It also has people on leadership roles who were cut when they had a lot in the tank. Not every skier gets to pick when it ends. Keeping Bode on the roster was, IMO, not smart. This could now turn into a sideshow.

I think some fans need a reality check. Bode in September, 2016 IS over the hill. This ski deal, when it comes to running Birds of Prey, Wengen, Kitz....is not going to work. The USST may need to man up and do no more than let him try to qualify for one of a couple slots that they'll determine by time trial....or they just use their discretion, and he's done.

Some comments are what I expect from a lot of fans. But, he's BODE!!!! It's like those who think Julia Mancuso has a future.

If Bode can get ready to race, and be a top 20 finisher on Bomber that will just amaze me. And he's only doing it to promote the business.

This is a luxury brand. Not going to have any effect on racing in this country, IMO.

I'd like to think that everybody could agree on this. Bode's not winning. Nobody is going to think that Bomber builds better race skis than Head. I don't see how Head can be damaged. But the CEO is digging in. And Bode is breaching what migh now look like kind of an onerous deal.

Now if Bode kept some of his skis, and Blossom has cut a bunch up to reverse engineer their speed skis....that is a mess. Who knows?

We'll see.,
post #346 of 368

Mule, when you say it is about money, what do you mean? I'd say it looks like a prestige thing. What on earth would HEAD benefit from Bode starting on the WC on HEAD skis? I just can't see that it would add to the HEAD brand.

post #347 of 368
I mean it's about money for Bode, in terms of trying to get Bomber moving, IF one thinks that having Bode in a WC bib, on their skis, barely scoring WC points helps them. That's another topic. I have doubts.

Head's position? I think it's all about Johan Eliasch and his TOTAL fixation on the WC. My gut tells me that it's as simple as "Bode was a big part of my stable, and I spent more on him {in total} than any other of my people. If he is on a WC course it's on Head. He owes us that. If he wants to be all over Bomber away from the WC, I wish him well."

So I think it is Eliasch's ego on one side. And Bode and his partners have to assume that even an aging, slower Bode on who knows what for actual product, is a plus for Bomber. I guess.

I agree, having Bode struggling to be top 20 on Head does nothing for Head at all. I don't think anybody truly thinks he'll be back and skiing on Head. Why? I wonder if that separation agreement clarifies what he would be paid, if he came back this season?

And then there are ALL of the issues related to the USSA, his training, conditioning, his level of support. All big questions, IMO. Not like deciding to race NASTAR.

Strange stuff......
Edited by Muleski - 9/19/16 at 2:25pm
post #348 of 368

I've followed Bode for years, read his autobiography, read every article I could get my hands on, other books that wrote about him.


He's one of those people that I really like and respect - who I am sure I wouldn't like at all if I knew him.


I don't think he's going to win this and ski on the WC on Bombers, too many things have to happen for that to occur.

post #349 of 368

I didn't mean Head's loss monetarily, one way or the other.  I meant in terms of cred, mostly.  Underlying reputation.


 Most likely, this stuff was pretty well described by @Muleski.


@SkiMangoJazz, I agree with you - not sure I'd have wanted Bode around my womenfolk!  :)  He's a bit like the hero in the movie Legends of the Fall, the one his brother was so jealous of, selling moonshine on the sly; the guy it took a grizzly bear to take down, and even then only when he was old.   (Played by Brad Pitt.)  


I don't know, but it seems that it would be a truly improbable miracle if Bode were able to come back on Bomber skis.  Kid's movie stuff, Disney.  (Providing he isn't stealing secrets or skis from Head.)  


Like a childhood Elizabeth Taylor or Mickey Rooney winning the Grand National on Flicka sort of feel good thing, and nothing that would reflect poorly on Head if they allowed it.   One in a million odds.   That this spontaneous, willful, amazing Natural could actually make good in the ski industry in this way (on Bombers), after making good so incredibly at racing with Head (and other skis).   Heck, that Head CEO ought to just ask for front row seats and a little love to come his way (and a big "Thank you"), if such a thing would happen.  



For me, what I most like about skiing, perhaps, is it allows spontaneity, naturalness.   So much in our lives is regimented and controlled by others, one way or another.   But not as much with skiing, at least not on the hill.   To many, Bode is pretty much an embodiment of this... freedom.


Arguably, racing is usually more regimented than other forms of the sport, including other elite forms of the sport.  And a lot more controlled by how much money the skier families and the sponsors have to throw into it.  Not like basketball, where kids just play, at least at first.


 But skiing shares in "the freedom of the hills," at least to many, myself included.  



Head skis as a profitable company benefits from a driven race program, how?  Reputation?  An aura of fun and success that carries over to their recreational skis?  By association with the best skiers?  Doesn't this reputation and aura of fun/success get messed up with a Corporation vs. The Natural court fight, just to suppress his next miracle, however improbable?


Very few of the general skiing public really care about racing, but I guess many more in Europe (not talking about myself or longtime racing ski folk).  But they do care about the romance of ski racing: Anna Fenniger (the Cheetah Girl), Lindsey Vonn (Best Woman Skier of All Time), the Herminator, Tomba La Bomba, Bode (so unpredictable, so natural), along with the other colorful greats now and in the past.  An aura of success equates to feel good skiing, and turns to confidence about the brand, in Europe especially, but also over here a little.  That is pretty flimsy stuff compared to spoiled sport, nasty Ego trip, precision stuffed shirt Suits out to prove a point about a contract, for the benefit of whom? 


That's why I mentioned all the feel good but pie-in-the-ski stuff around a Bomber Bode comeback.   Head just wants to rain on that, for what? To inspire fear in their other, younger contract-skiers?  So much for the romance of skiing for Head, on Head skis.  Yes, they may be good skis, but now they will have the shadow of maybe being the villain for many, including the press - ruling by the fine print  letter of the law - by fear, instead of "big hugs" and "we're in this together, guys."  Not so much fun anymore, if this goes on, seems likely.  


And it's a shame, mostly: has Head had that kind of heavy-handed, "shadow" roll, up to now, with others or with Bode, it's top U.S.star for so long?

post #350 of 368
In the paper this morning. Bodie sues Head. Either he has a lot of gold or Bomber, which he helped develop is kicking in.
post #351 of 368
Originally Posted by levy1 View Post

In the paper this morning. Bodie sues Head. Either he has a lot of gold or Bomber, which he helped develop is kicking in.


Sues them for what?

post #352 of 368

Sues them to allow him to race on a different brand or I guess meaning allow him out of the agreement. 

post #353 of 368
Go back to post #328, and start there.
Bode has a non-compete clause in the separation agreement that he signed with Head a year ago, when he asked them to terminate his contract so that he could start his business relationship with Bomber.
The non-compete stipulates that if Bode returns to the WC, it will be on Head product, through this season.
Bode wants that voided, so IF he makes a comeback, it's on Bomber product. So, suing to get the non-compete clause eliminated.
post #354 of 368
Got the part with the contract. Misread, thought it was the other way around--Head suing Bode for breaking the agreement. Anways, they're in a conflict.
post #355 of 368
Just reporting what today's newspaper said.
post #356 of 368
I think Mule was refering to my question, Levy1. I thought Head was suing Bode and then read your post and was wondering what he was suing them back for? Well, well ...
post #357 of 368
Of course the paper could be wrong. Hey,how much money do you need to sue head!!!!
post #358 of 368

What a head case!

post #359 of 368
Thanks for the chuckle
post #360 of 368

I guess the problem for Head is having a famous skier who could choose to ski on anything he wants not wanting to ski on Head skis.  Maybe bad for sales?

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