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That’s it!
Brett,
Somewhere on this board a few months ago I posted my lawyers detirmination of the so called contract and basically it was found out not to be worth the paper it was printed on. See if you can dig up that old post.
What happened at the track in Binghampton Ny, Sheri Lindsey, according to George Elmy is the city, who owns the track and property, just didn’t want to go thru the hassle of fighting the NBL, and that is what the NBL is banking on,..no fight.
The city solicitor just didn’t want to get invloved even though it was a no-brainer.Do what I would do..simply switch and let the NBL bring on the fight… chances are that won’t happen especially if you have a lawyer ready and willing to represent you.
Kevin
Plainsbikebmx.proboards80.comBrett,
Somewhere on this board a few months ago I posted my lawyers detirmination of the so called contract and basically it was found out not to be worth the paper it was printed on. See if you can dig up that old post.
What happened at the track in Binghampton Ny, Sheri Lindsey, according to George Elmy is the city, who owns the track and property, just didn’t want to go thru the hassle of fighting the NBL, and that is what the NBL is banking on,..no fight.
The city solicitor just didn’t want to get invloved even though it was a no-brainer.Do what I would do..simply switch and let the NBL bring on the fight… chances are that won’t happen especially if you have a lawyer ready and willing to represent you.
Kevin
Plainsbikebmx.proboards80.comBrett, I would love to attend, but it seems like no matter what, our schedules conflict everytime. That is the same weekend of our annual Plains to Gettysburg to Lebanon Road Bike ride and the semi annual Gettysburg Battlefield Conservation meeting and dinner.
However, if I can help out in any other way, let me know.Kevin
You better put a picture of Hayden on it ’cause wasn’t that his knickname a few years back? 😈
Would make a nice HAlloween costume to scare all the little kids with!!
If I may add a comment here…it seems to me that the problem with the growth of the sport in NJ is that the same people that have been running the organization for years are still in control.
Now, be that as it may, that may not be a bad thing IF the group is openminded and are alway striving to better the sport by introducing new ideas and trying out different things to bolster attendance at races and special events.
From reading over these topics one at a time it looks like this organization has built up a stone wall and refuses to let anyone in..and from reading over the topics, maybe..and I’ll say this with no intentional accusations at all, they may be breaking the US TAx law if they are non profit and refuse an audit or the “Open Book” requirement that all non profits must adhere to.Gentlemen, do yourselves a favor…..don’t throw out rumors. They have a nasty habit of comming back to bite you. However if you request for the records are denied and you feel that there might be a problem or unanswered questions, do what I did a few years ago at my own track…I hired an outside accounting firm to audit the books. I felt that there was a problem and wasn’t satisfied with the response I was getting.
By hiring a CPA, they MUST Relinquish the books or the CPA notifies the IRS, which in turn then will DEMAND the books.You don’t say no to the IRS.
You may be suprised that all that $$ that some may think is out there or might have been misspent actually went to where it was supposed to go. It takes a ton of wampum to run these types of organizations. I know what it takes to run one track, I can only imagine what it takes to run a statewide system.
So, on that note, be professional about it. Show them that you mean business. Don’t go at it with one voice in the wilderness..go at it with one voice as a united front!Kevin
Plainsbikebmx.proboards80.com“Failure to disclose to the public on demand a copy of the said year’s tax return for all non profit organizations will and can result in an audit and possible penalties applied and loss of non profit status”
IRS 2006 Tax Code
Wow..this is funny, as it happened to me at the local JL here in Wilkes-Barre, Pa.
I’m an oil change fanatic with any of my vehicles, and I 99% of the time do them myself, but this past feb it was too dang cold out so I took the Jeep to the JL for an oil change. Little did they know that I mark all my filters with the date that I put them on….long story short, after they were done I lifted the hood and guess what they didn’t change…the filter… went back in and made them do it over, with new oil included..(They wanted to drain the new oil out and put it back in 😯 )Last time I go there!!
..you people standin’ out in the sun too long today?? 8)
lol
Oh yeah..2,700 local miles! He wasn’t happy! As far as the dead guy..he’s still dead!
The WhiteSox riders wanna come too, and I’ll have my customary Gin & Tonic bottles by my side!! At least you won’t have to carry me too far this time Bill! 😈
I don’t know if this helps…in the ABA the organization or group running the track DOES NOT HOLD THE SANCTION AGREEMENT..the person or entity who owns the property that the track sits on does. I don’t know if that holds true for the NBL. If it does, the contract can be nullified by the property owner. This is one step that a lot of people forget,…”who owns the property” Did the PROPERTY Owner sign the contract, or the group running the track?
Some legal fine hairs I would guess need to be split. I do know that if were the property owner and didn’t like what I was seeing going on on my property, you can bet your ass those people woudn’t be there.
True Dave, but as I stated, there was never a demand of ANY contract on me at any given time other than the year to year schedule. Maybe if the ABA/NBL goes in and does everything for the track, IE: pays for the whole setup, builds and supplies everything, than yes, I would think there would be a contract..and rightfully so, wether ABA or NBL. That’s only “Business” and fair, not a ploy.
Actually Brett, an ABA track can run a Moto system instead of a qualifying system, you just have to let the ABA know you are doing it. The reasons allmost all of the ABA tracks opt to run the transfer system is that everyone else is doing it or it’s the only system they are used to.
As far as the Contracts..”A” is Illegal..it is either a 5 year contract or a renewable contract, not both. Any first year Law student will tell you that one..or for that matter anyone that watches Law & Order can figure that out.
“B” is also “la Toilette” You can not change the stipulation of a contract just by “Crossing Out and filling in” What is it?..a three year, or a renewable..same as #1
“C” sounds more plausable..year to year..once the year is up the contract can either be “renewed” or discarded. Now here is where it gets tricky. Some of these contracts have built in automatic renewal clauses(Just like cell phone contracts) in them. The way you beat them is, lets say CJBMX wants to switch to ABA at the end of this season. Before the “renewal Date” of your contract comes up, attatch a “Declaration of Notification To Terminate Agreement” (Maybe called something different in NJ or elswhere) from you lawyer, notorized, to the contract for this year. Although you will have to finish the season with the NBL, they can not force you into the agreement for next season.
I’m speaking from experience here, although not a BMX related incident, it happened to me with a credit card processing company and this is how my attorney told me to beat it. It worked.
Different states have different time allowances, some may be as much as a year, others only require a 30 day notification, in my case it was 90 days. Also, the state that the entity, or BMX track exists, is the state where the law takes precedence, not where the sanctioning body exists.Just for everyone’s info, I’m not dishing out free legal advice nor am I a qualified expert, except in my own stated case, but most of this is common sense. Just the threat of a lawsuit is enough to force people to submit and sign. Fortunatly I’m not one of those types and I do enjoy a challenge. The last thing I’m sure the NBL wants to hear is “Talk to my Lawyer”..or worse yet, have an attorney contact them.
Keeping things “Hushed” is a way to keep the “huddled Masses”..well,…huddled I guess. “The less they know, the better it is for us” type of mentality.
Ah well..I gotta get back to work and….Law & Order is on!!