Ken Pavia and other top MMA agents who had fighters under contract with ProElite have banded together in order to stop the November 17th auction by Showtime of ProElite's assets. ProElite had borrowed a lot of money from Showtime and couldn't pay it back. Showtime then decided to try and recoup some of that loot by having a fire sale of all of ProElite's assets, including fighter contracts. The sale of contracts is what has "The Pav" and the other agents in an uproar. They feel that the fighters are under "personal services" which means they are under no obligation to perform if the contract is transferred. MMAPayout.com posted a letter by Ken Pavia and the other agents:
Huntington Beach, CA November 10, 2008 – We as sports agents battle against each other every day for the best opportunities for our clients. Ultimately we realize the struggle is always about the client’s best interest. That is why we as the elite agents in MMA today have band together to address what we perceive to be a grave injustice. On November 5th in an SEC filing and in related advertisements, Showtime Networks Inc. announced its intention to liquidate “Collateral” as defined by the assets of Pro Elite and their related entities at auction scheduled for November 17th. Included in these assets are certain fighter contracts. These fighters are our clients. Individually we consummated promotional agreements with Pro Elite. These agreements were made based on a multiplicity of factors including but not limited to relationships with certain Pro Elite personnel, venues, television exposure, jurisdictional concerns, public relations support, and numerous other intangibles. These considerations are not readily transferable. Whether or not these contracts are legally transferable is a matter of law. What is not at issue however is Showtime’s disclaimer that the assets are being sold “as-is, where-is basis, without recourse, warranty or guarantee of any kind.” We intend to fight the lawful ability to transfer these assets, and as we believe these are personal services contracts, we do not believe there is an obligation to perform if transferred. With pooled resources we are prepared to fight this issue. The unity of this effort is unprecedented and the message that is being sent is clear. Absent significant pre-established negotiated terms, do not bid on these contracts unless you are prepared to fight the challenge to their legality. It is our intention to honor our commitment to Pro Elite, but if Pro Elite is not able to perform in accordance with the contractual terms, the fighters should be granted unrestricted free agency with the unfettered ability to enter the marketplace. Ken Pavia This e-mail address is being protected from spambots. You need JavaScript enabled to view it www.MMAagents.com Monte Cox Ed Soares Matt Stansell Bob Cook Chas Bowling Cesar Gracie
So the plot thickens. Will Showtime go ahead with the sale?  Who, if anyone, will be brave enough to buy a fighters' contract knowing that they will be in a legal war with the agents? The aution is one week away.  Let's see what happens tomorrow.
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