ProElite Fighting Jake Shields' Bid to Become a Free Agent

by Cannon Jacques on Nov 26, 2008 9:19 AM EST in News Comment 37 comments

The zombie that is ProElite continues to haunt the fighters under contract with the promotion. From MMA Weekly:

The remaining representatives from near-defunct fight promotion ProElite are doing what they can to stop EliteXC welterweight champion Jake Shields from leaving the fold.

Shields' manager and father, Jack Shields, on Monday told MMAWeekly.com that an unnamed lawyer representing ProElite informed him on Saturday that his son was not a free agent.

The elder Shields, along with several fight managers under the ProElite umbrella, in late October sent the company a "notice of breach" letter asking them to fulfill their promotional and payment obligations within 30 days or their contracts would be abandoned.

ProElite responded to the letters on or around Nov. 3, stating they were in the process of "downsizing" and said they planned to continue promoting in early 2009. They also stated that EliteXC fighters needed express written consent to fight for other promotions.

Remember when ProElite had its promoter's license suspended by the CSAC? Well, that decision has been reversed:

MMAWeekly.com on Monday confirmed with new CSAC Assistant Executive Officer Bill Douglas that he had indeed reversed the suspension and that ProElite and King of the Cage both had their promotional licenses reinstated.

This is an absolutely horrible situation for Jake Shields, and other fighters held hostage by ProElite. If the promotion has devised a way to continue on in some capacity, then they should lay out their plan to the fighters under contract. Personally, I'm extremely skeptical that a viable promotion will emerge from the wreckage of ProElite, and no one should believe that King of the Cage, or any other ProElite brand, will be able to fulfill the fighter contracts in question without compelling evidence in support of such a notion.

I'm not sure what reinstating ProElite's promoter's license means in the grand scheme of things. Are they any more likely to promote an event in the near future, thus providing a revenue stream for its fighters? There's really no reason to believe that they have this ability. Without CBS funding, the last EliteXC event wouldn't have been possible. Unless a massive cash infusion materializes, ProElite is basically dead. Period.

It's not clear what the endgame is for the remnants of ProElite, but this tactic of blocking fighters from seeking employment in their profession should face scrutiny equal to that thrust upon the UFC in its contentious dealings with Jon Fitch. While a promotion on the brink of bankruptcy doesn't wield the power of MMA's preeminent organization, the fact that ProElite is impeding the careers of its contracted fighters is undeniable.

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Shields v Fitch can happen in the UFC, and now these incompetent bastards want to make it even more difficult for their former employees to make a living. What a fucking joke.

Zombie EXC sucks almost as much as the real thing.

Jake Shields did everything that damn company asked of him, giving them all he had, contemplating moving up to fight Lawler when EXC couldn’t find an opponent for him, and this is the thanks he gets. Shields deserves better.

by subo on Nov 25, 2008 11:30 PM EST reply actions 0 recs

This is pretty pathetic. I hope these contracts are put before a judge in short order and he gives these fighters the ability to make a living . This is extremely shady buisness by Pro Elite. After this, whatever fighters they sell or whatever aren’t going to want to do anything but finish their contract and get the hell away.

by Dexerion on Nov 25, 2008 11:40 PM EST reply actions 0 recs

if they are holding Shields hostage...

I’m not sure well be seeing Carano anytime soon in the WEC.

As i mentioned in a previous fanpost, how did Kimbo get out of his contract to fight in K1, but not Carano, Lawler and Shields?

by steveoc24 on Nov 25, 2008 11:41 PM EST reply actions 0 recs

I think you’re correct in regard to Carano unless the fighters and their agents can get a legal break from ProElite. I’m guessing that they’re trying to maintain control of the fighters with the most value for whatever reason.

by Cannon Jacques on Nov 25, 2008 11:47 PM EST up reply actions 0 recs

Wouldn’t that include Kimbo though? I swear I read somewhere he’s fighting Seth at K1 on New Years? If I’m wrong, I apologize.

by steveoc24 on Nov 25, 2008 11:50 PM EST up reply actions 0 recs

I don’t think that’s a done deal. I could be wrong. Of course, Kimbo could have a more favorable contract. He was certainly paid more than any other fighter. Carano, Shields, and Lawler could all end up with Zuffa. That may be the common denominator. Dana only wants Kimbo on TUF.

by Cannon Jacques on Nov 25, 2008 11:57 PM EST up reply actions 0 recs

I wonder if Zuffa is planning anything in regards to this.

They might score some points among the people that hate them if they went public and made a public show about trying to get these guys out of their contracts.

It’s a little rough, because they don’t like to interfere with other people’s contracts, but I wonder if they’re tempted to go to war with the people they want in order to free them from the death grip of ZombieXC

by Phildo on Nov 26, 2008 12:24 AM EST up reply actions 0 recs

I don’t think Zuffa will interfere with anybody’s contracts no matter what the situation is. Dana has made that clear many times. Dana will lowball most of of these fighters due to the lack of competition and the economy (like he just proved with Fitch). He’s in no rush and knows that all fighters want to fight in the UFC. So in no way is he going to try to risk a lawsuit or spend money on trying to get fighters in other organizations out of their contracts when time is on his side.

by steveoc24 on Nov 26, 2008 12:56 AM EST up reply actions 0 recs

That was just a rumor going around about Kimbo in K-1 and I’m think that manyof the Elitexc guys contracts allowed them to fight in Japan if it didn’t conflict with EliteXC’s schedule anyway.

by who me on Nov 26, 2008 1:54 AM EST up reply actions 0 recs

The ProElite contracts allow fighters to take other fights as long as it doesn’t conflict with their ProElite obligations. This essentially blocks any fighter from signing with the UFC because the UFC only signs multi-fight exclusive deals, not one offs like we have seen with Scott Smith in strikeforce and potentially Kimbo in K1.

by dropkick101 on Nov 25, 2008 11:57 PM EST up reply actions 0 recs

I’d be willing to bet that Scott Smith got to fight in Strikeforce because the dirtbags left at ProElite ok’d it(heck the article has ProElite claiming that fighters have to have written consent from them to fight elsewhere). It’s not just the UFC, no one is going to want to sign one of these guys long term while all of this is still up in the air.

by who me on Nov 26, 2008 2:13 AM EST up reply actions 0 recs

this is ridiculous…. i mean we have a dead company holding fighters back..and they never really promoted Jake Shields…they just threw him against guys and put him on the card even though they knew he was a stud….it makes me sick

by blackzag05 on Nov 25, 2008 11:41 PM EST reply actions 0 recs

This shows you how much the Shaw’s had nothing to do with ProElite after signing with CBS and exactly why Dana has not signed a network TV deal yet.

by steveoc24 on Nov 25, 2008 11:52 PM EST reply actions 0 recs

No matter what the fighters will have a great case in court and should be able to get a speedy ruling on there contract status. I think this is the next step where all this bullshit is heading the courtroom.

by Shocbomb on Nov 25, 2008 11:59 PM EST reply actions 0 recs

If guys like Lawler, Shields, and Diaz can get together and pool money for a good legal team, they should be able to dispose of this rather quick. All it would take would be for them to prove that ProElite is no longer going to exist as a promotional company and thus can not provide them with the necessary stage they contracted to provide service for. That is a clear breach of contract.

by dropkick101 on Nov 26, 2008 12:01 AM EST reply actions 0 recs

What ProElite is doing could be considered acting in bad faith. Bad faith requires some type of intentionally dishonest act that causes damages to another party and this is what we are seeing here. If a plaintiff argues bad faith in terms of a contract, the contract is breached and voided. There are multiple ways for the lawyers to attack this and this is just one tool they could utilize.

by dropkick101 on Nov 26, 2008 12:10 AM EST reply actions 0 recs

What fighters like Diaz, Lawler and Carano need to do is hold a press-conference like Couture did against Zuffa and put everything on the table. Then we will know the details. Hopefully it doesn’t backfire like it did against Couture.

by steveoc24 on Nov 26, 2008 1:05 AM EST up reply actions 0 recs

The wording of the letter that was posted on Graciefighter.com made me believe that to cure the breach Elite had to show that they had all the money by putting up a bond for it.

Here’s a link, I don’t think saying “we’re going to do a show in 2009” qualifies, but I’m not sure, here’s the link, waht do people think?

Pursuant to Article 43 of the Agreement, EliteXC Live Inc. has thirty (30) days to cure such material breach by posting a bond or other form of escrow in such an amount as set forth in the Agreement that must be payable to Mr. Diaz upon completion of each contemplated Bout set forth in the Agreement and any extensions thereof, and, specifically to evidence EliteXC Live Inc.’s ability to fulfill its obligations under Article 47. If EliteXC Live Inc. fails to cure such material breach in the manner set forth above within thirty (30) days of receipt this written notice, then in Accordance with Article 43, the Agreement and any extensions thereof will be terminated.

http://graciefighter.com/?page=news

by Phildo on Nov 26, 2008 12:11 AM EST reply actions 0 recs

Can EliteXC even afford a legal battle?

by Dropkick434 on Nov 26, 2008 1:24 AM EST reply actions 0 recs

At this point even if ZombieElite rose from the grave to eat brains and produce more events would any of these guys actually want to fight for them anymore? Can you imagine EliteXC trying to put on some kind of comeback show full of bitter mistreated fighters who don’t want to work for them anymore? It would be an complete trainwreck. The ship has sailed for ProElite and even if they won the lottery they would never be albe to regain their credibility or the fighter’s respect after these antics.

by who me on Nov 26, 2008 2:08 AM EST reply actions 0 recs

I’m actually available and willing to fight for them for about 70k per fight. Have minimal experience but willing to learn ‘on the job’

It sounds like shields has a legitimate complaint. I think he should just bolt and see what they do. They probably don’t want to get too into paying for lawyers.

by Dooda on Nov 26, 2008 2:15 AM EST reply actions 0 recs

Thats an interesting thought

What if someone like Shields signed with the UFC and fought…even if it was technically against his contract, what is EXC prepared to do about it? Spead a million dollars fighting a legal battle over it?

by Razreshat on Nov 26, 2008 10:00 AM EST up reply actions 0 recs

I don’t think they would need to. The threat of a lawsuit would scare the UFC away (Shields not worth millions to them), and Shields himself can’t afford a length lawsuit (see Couture, Randy). He’s in legal limbo until someone figures out what’s going on.

by mythbuster on Nov 26, 2008 10:17 AM EST up reply actions 0 recs

You have a point but Zuffa wants to avoid any form of litigation, however erroneous it might be, and rightfully so.

With that said, to sue somebody for breach you have to claim some type of damages suffered. In a normal breach of contract, you suffer damages because the other party did not fulfill their end of the agreement and you did, whatever that consideration may be. Here, EliteXC and ProElite can’t suffer damages for breach because the contracts are service contracts for fighters to fight for them. If they do not have the ability to put on fights then fighters don’t have the ability to fight. Thus, no damages.

At this point the burden is with ProElite to prove that they do have the capital to continue operating and will do so within a specific period of time. If they are magically successful at this, the fighters can provide evidence to call bullshit. This can’t be done by saying “WELLZ I WUZ READIN BLOODYELBOW AND FIVEOUNCES AND DEYZ SAYZ YOU GOTS NO MORE MONEY.” They’re going to need some actual admissible evidence which shouldn’t be too hard considering the bankruptcy filings and the loss of the CBS deal. Hell, they could probably show the judge the Kimbo knockout a few times and say, “You think these guys are putting on a show anytime soon?”

by dropkick101 on Nov 26, 2008 12:00 PM EST up reply actions 0 recs

"WELLZ I WUZ READIN BLOODYELBOW AND FIVEOUNCES AND DEYZ SAYZ YOU GOTS NO MORE MONEY."
Sal Governale is that you???

by Devil Beest on Nov 26, 2008 12:12 PM EST up reply actions 0 recs

I find the actions of EXC to be abhorrent and an ugly truth about current corporate practices world wide.

by Benicio on Nov 26, 2008 6:13 AM EST reply actions 0 recs

LOL, wasn’t proelite’s mantra: “It’s all about the fighters, unlike the UFC where it’s all about Dana White”.

No, in the UFC it’s all about staying in business and making sure the sport grows… incidentally this ensures fighters continue to get paid.

Ofcourse proelite will do their darndest to hold onto these contracts – it’s the only thing they have left with any value.

Rome said it before, the fighters need to band together and get a ruling asap.

The economy in 60 days will be much worse.

by mmalogic on Nov 26, 2008 6:19 AM EST reply actions 1 recs

I say Shields should take a one fight deal with a small promotion and see what EXC does as a trial case. I bet once one fighter does that and faces the legal challenges that come with it, the dam will break and they’ll all be free. Are we to believe that EXC can pay lawyers to fight a bunch of challenges to their contracts?

by Drewplata on Nov 26, 2008 9:46 AM EST reply actions 0 recs

Shields would be smart to go after them in a legal manner.

California has very pro-employee laws in terms of employee mobility.

At the very least, it will sink EliteXC further into debt and result in him being a free agent faster.

by DirtyML on Nov 26, 2008 10:16 AM EST reply actions 0 recs

Scumbags

Very fittingly, Pro-Elite ends their shameful, embarrassing run with one last “f-ck you” to the only people within the company that did their jobs effectively, the fighters. What a great legacy. Whoever is running Elite at this point should be ashamed.

by Devil Beest on Nov 26, 2008 11:35 AM EST reply actions 0 recs

Dear god I hope it is the last “f-ck you”

by iiowyn on Nov 26, 2008 12:19 PM EST up reply actions 0 recs

For all those folks that defend fighters signing with crappy promotions by saying that they’ll get paid while they can and then move on – let this be a lesson.

Don't believe a word I say, I don't train BJJ. -- TangleBones

by jemaleddin on Nov 26, 2008 1:02 PM EST reply actions 1 recs

You can’t blame the fighters for this. Not everyone can find a spot in the UFC, which (face it) is the only big time organization around. I’ve taken dead end jobs in my life to pay the bills, and i doubt the bills i had to pay were as large as those of a high level mixed martial artist. There are definitely fighters in the MMA world who took the “money over legitimacy” road, but I’d say the vast majority are just trying to make it, and signing with “crappy promotions” might be the only option they had at the time.

by Devil Beest on Nov 26, 2008 1:27 PM EST up reply actions 0 recs

There’s a difference between taking a job – at will employment, they call it – and signing a contract. If the local diner goes under, you aren’t tied up with nowhere to work for 6 months.

What’s particularly funny about all of this is that the stated advantage of signing with ProElite was that they would do cross-promotions and non-exclusive contracts. We see how that works when the chips are down, eh?

Don't believe a word I say, I don't train BJJ. -- TangleBones

by jemaleddin on Nov 26, 2008 3:40 PM EST up reply actions 1 recs

I don’t think he was talking about blaming the fighters, just the internet know it alls who went on and on about how all these fighters were much better off signing with sketchy promotions.

by who me on Nov 26, 2008 4:17 PM EST up reply actions 0 recs