Parrish et al v. National Football League Players Incorporated

Filing 85

AMENDED COMPLAINT -- Second Amended Complaint for Breach of Contract, Unjust Enrichment, Breach of Fiduciary Duty, Violation of California Business & Professions Code § 17200, and an Accounting against National Football League Players Incorporated. Filed byBernard Paul Parrish, Walter Roberts, III, Herbert Anthony Adderley. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Hilbert, Ryan) (Filed on 6/21/2007)

Parrish et al v. National Football League Players Incorporated

Doc. 85 Att. 7

Case 3:07-cv-00943-WHA

Document 85-8

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Exhibit G To The Second Amended Complaint For Breach Of Contract, Unjust Enrichment, Breach of Fiduciary Duty, Violation of California Business & Professions Code § 17200, And An Accounting

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Dear NFLPA Member. In 1994 the .NFLPA created a separate marketing and licensing subsidiary, Players Inc, Since then, Players Inc has marketed NFL players, active and retired, in a variety of ways, licensed roducts such as trading cards and videogames, television and radio progranuning, personal appearances, autograph signings, an all-player internet site (nflpIaye.rs.com ) and at events such as the NR Tick-Off and the Super Bowl. 0^pTundreds ofratkod NFL players have received payments from Players Inc for these activities but every retired NFL player has benefited from Players Ittc's creation. How? Because 40%a of Players Inc`s operating revenue is paid to the I IFLPA as a royalty for the active player name and image rights secured by the NJ~UA and licensed to Players Inc, This allows the NFLPA to provide extensive services and benefits to retired players in return for modest retired player dues (of $50 per year. Por example, the NFLPA Retired Players Department and Benefits Department serves almost 4000 NF'LJPA retired player mernbers at an annual sort to the NFLPA of $L, million. Retired player dues offset less than $200,000 of that amount. The $1,3 million difference in the cost of retired player representation by the PA is paid for by active player licensing. retired players deserve this kind of support from active players because you built the game and the union. We live every day by the NTFLPA's lotto: "fast, Present and Future." e have the participation of almost eveiy active NFL player in group licensing. And we need your support for lire licensing program as well, You have signed the NFLPA Group Licensing Assignment ("GL-A") in the past but your GLA is about to expire. Please sign the enclosed GLA and return it today. This agrLe nent is non-exclusive and will not interfere with any other licensing or endorsement opportunities you may have. Join the thousands of retired NFL players who have provided their name and image rights to the NnPA and Players Inc. You may gel the opportunity to recoive royalty payments or appearance fees, And, as explained above, Players Inc funds the NFLPA, giving the NFLPA the financial and staff resources to: · negotiate better pension and disability benefits · publicize a network of medical facilities that treat retired players without insurance · organize 32 NFLPA local chapters · hold a retired players convention 15 endow the Players Assistance Tfiust for retired pJayers.in need Help us market retired NFL players and show your support for the NFLPA and Players Inc by slAninb and returning the enclosed GLA today! If you have any questions about the GLA or retired player licensing, please call Bevcdy H alton at the NFLPA Retired Players Department (202-463-2213 or 800-372-2000). Thanks for your prompt attention and for your help, Enjoy the rest of the 2003 NFL season? ppy Holidays,

FL FIayers Azzwjn w2t L Strvet, NW Sufta 800

aahington, DO 201

Fax Pp! ,7,0369

Douglas F. Allen Assistant Executive Director

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NFL PLAYERS ASSOCIAT10^
Retired Player Group Licensing Authorizatiori Form The undersigned hereby exclusively authorizes the NFLPA to use his name, signature, picture, and/or Rkeness in the NFLPA. Retired layer Licensing Program.. It is understood that such rights will be licensed by the NFLPA on a group basis, and that this authorization extends only to the use of such rights in programs involving six or more retired NFL players.
It is also understood that no license granted by the NFLPA shall involve a personal endorsement by the player, It is further understood that the monies generated by such licensing of retired player group rights will be divided.among the player, the Players Assistance TTrust, arid, to the extent necessary, may be used to cover the cost of administering the Retired Player Group Licensing rogram.. Any group licensing contract entered into with an individual company by the NFLPA shall exclude players who are committed by contract individually for comp4titive products or services.

This authorization shaJ1 expire December 31, 1995.

Agreed to By-,
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.Date:

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Case 3:07-cv-00943-WHA

], EL PLMRS AS SOCIATION Player Group Licensing Authorization Farm Retired
he undersigned hereby exclusively authorizes the NFLI'A to use his name, signature, picture, and/or likeness in the NFLJFA. Retired Player Licensing Program. It is understood that such rights will be licensed by the NFLPA. on a group basis, and that this authorization extends only to the use of such rights in programs involving six or more retired NFL players.

It is also understood that no license granted by the NFLPA shall involve a pexsonal endorsement by the player.
It is further understood that the monies generated by such licensing of retired player group rights will be divided among the player, the Players Assistance Trust, and, to the extent necessary, may be used to cover the cost of administering the Retired Player Group Licensing rogram. Any group licensing contract entered into with an individual company by the NFLPA shall exclude players who are committed by contract individually for competitive products or services.

This authorizati.orl shall expire December 31, 1997.

Agreed to By:
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Date:

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POSITIVE ACCOMPLISHMENTS OF THE NFLPA RETIRED PLAYERS ORGANIZATION
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1. Carried #hrough a grassroots pension reform m em n which hers prpduced Increases across the board In the Bert Bell/NFL Players Penslvn Plan, A. 1987 Game Plan--Promoted commitment to "past, present, and fixture" to players, $. Completed a successftA letter-writing rarnpaign (1500 letters) which caused owners to.rnove from "no increase" in pension to a 40% increase across the board for

vested players, C Inclusion of pre-'59ers in the Bert Bell Fension Plan with a 33 i«% increase across the board and benefits for widows and survivors. D. Won pension lawsuits which will put 538 million more into the pension fund. E. Administered pension fund, through trustees, helping to increase assets from $81 million in 1982 to $361 million now, F. Annual review of assets, liabilities, and actuarial assumptions of the pension plan.
2. Development of a strgng retired ptcyer$ organizcfion.

A. 28 chapters have been or -anized. B. Developed a monthly newsletter, Touftback, for members.
C. A "blueprint for Successful Chapter Organization" as been distributed to chapters. D. Individual membership is up to 2300 (ordy 300 nine years ago). There were 300 new members for fiscal 1992 (March 1992- February 1993). An -W team for LF recruiting members has been established. 2, Organized a national steering policy-making cormittee of nine retired players, The current committee is made up of Dick Arnbrose,Torn Day, Earl Edwards, Leon Hart, Ron Mix, Luu Piccone, Harry Thompson, and Clayton TonrEernal-er, 14anT Thompson is the current netional steering committee president anti past president Len Teeuws serves as ex-officio. F. Have held nine national co*.iventions through which needs and programs were introduced by members,

G. l'ii process of surveying mer:xbers for now life after footbal study. Have produced studies ran "Life and Stress After Football" a-nd "Tnjur es: Aftermath of A Career" which are recoged as the only such studies ever completed,
H. Currently working on a mortality study (i.e., life expectancy of players) of 9,100 explayers to be published by NIOSH (National Institute of Safety and Health) and a study, "After the Battle: Report on the'Uve,s of Farmer Mayers."

3, Developed a Players Assistance Trust Fund (P.A.T.) A. Fund totals $366,000 with money carving from the speaker's bureau, Ecensirna, special projects, player donations, and N1~LPA grants of 100,000 yearly, 3 Distributed just undQr $180,000 to 60 needy pI,ayers. C. Coal is a $1 million fund by June, 1994,
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4, Developed programs to Individually benefit mc-nr hers, Deborah Hospital program where m, =berg- and their families receive no-cost heart and lung care, B. Dr, James St. Ville of the Orthopedic Bioengineering Institute offers no cost orthopaedic care for members and their families. Obtained group health plan with USA Life, C. D, NCL Cru ise program, E. Instituted Union Privilege program offering members prescription drug cards, credit cards, automobile loans; educational loam, etc. F, Promote members identity as a former NFL player A.

5. Developing a business nefwork of refired players A, Qrndy players organdzation in any sport to produce a yearly business director'y' which is distributed to the membership, active and retired, at rio charge, 13. Emphasized business networking through "Athletes in, the Marketplace" serninars at national conventions, C, Campaigned for ex -player jobs in WLA Z Arena, and NFL leagues.

Protecting Players' Rights

A. Working with active players' orgariizati on to stop NFL owners from elizniitating workers' compensation benefits for players. Successful in Indiana and Minnesota, lcsars in Florida and Texas, currently i nn ·-·Ived in Pennsylva-nia legislation and in new legislation in Texas, B, "Watchdog" on the Rez-t Sell Pension Board and expeditor of information on pension. rights and options.

7. Developing a refired players licensing program A, Obtained Group Licensing Agreements from 1600 ,"^FLPA retired members. B. Speaker `s Bureau is in place, To date, players have received $786,000 in speakers' fees, and P.A..7. fund has received $32,000.

8. Supporting charities through Indlvldual ohapters and national programs. A. Examples include Mackey Awards Banauez in Chicago (annually raising $1 rnilNon), local charity banquet in Washington, DC (annually raising $127,500), Deborah Hospital Golf Tournament (raised "90,000), Oklahoma City Golf Tournament ($60,000 raised fnrlocaI charities),Carolirna5, ($2,000 raised for p,A.T,), B, Exploring programs against drug abuse and gang violence, C. "What's Your Verdict"--drug and alcohol prevention fri high scbools. D. 'T uckle Up America"--program with National HighwayTrafflcSafety Administration

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P L A t r.

NFLPA SPEAKS BUREAU QUESTIONNAIRE

The NFLPA is attempting to better service i ts members with speaking ertgagments and appearances, Belcxw is a brief questionnaire that will help us match retired players to the oxganintions that are requesting their services, if you are interested, please fall out the form and renirn it to the Retired Players Dept., A`I` ,Angela Man^lakas, 2021 L St, NW, Washington, IBC 20036. If'pcmible, please include a brief resume. Name;
Address:

Phone:

ole work

NFL Playing Experience:
Closest major City; riving time; ,

Areas of interest (you may check more than one): Management Objectives Education Religion Autographs/Pictuies Other alesmanship rug/Alcohol Prevention otivation M Flaying Experience

List any organizations to which you have spoken

List any special qualifications (adva icad college degrees, religious afl`iliadon,s, civic groups, business experience. etc.)

Does your schedule allow you to travel for more than a day?

Yes - No

Fees are usually determined by the organization requesting a speaker. If you Alsh co specify a range of speaking ,fees, list your requirements below.

NOTE: A small portion of each retired player 's speaking fee will go toward the Pliyers Assistance Trust Fund (PAT)