BYU And WAC Contract Details Emerge
The Deseret news was able to attain a copy of the Memorandum of Understanding which was a tentative agreement between BYU and the eight WAC schools, and the deal was a sweet one. First off the obvious what everyone knew is that BYU would join the WAC in all non-football sports, and any money either side received from ESPN in football would go to each separate entity as would any bowl or BCS money. That seems pretty standard and makes sense for BYU to retain as much money as possible for football.
A future football schedule was set up with two games at a WAC stadium and four at BYU in 2011, then two at each stadium in 2012, and then in 2013 and beyond there would be an equal split. The only exception was if BYU were to set up long term contracts with Utah State or Hawaii. This sounds like there would have been a rotation set up between each school, and if Utah State or Hawaii were to be a separate contract that could have pushed WAC games up to eight a year and basically give BYU a built in schedule as if they were in a league. However, if Utah State and Hawaii were on separate contracts the number of WAC games on the rotational basis would have been lowered to four.
BYU also would have had full voting rights in all sports except football but it could be assumed that BYU it would have an unofficial say in what goes on in football. Besides the football independence BYU had a sweet set up by being able to broadcast WAC championship events not shown on ESPN through BYU-TV:
"BYU commits to televising via its cable network the following WAC events: all matches of the WAC volleyball tournament not televised by ESPN, all games of the WAC men's and women's basketball tournaments not televised by ESPN, all games of the WAC baseball tournament and softball tournament," the agreement stated. "BYU will have the rights to televise any other WAC championship events that is wishes, along with any other regular-season events when permissible per the ESPN contract."
That shows two things: one that BYU and the WAC were all but a few signatures away from a done deal and the second is that BYU would keep the money made from this because it would be events not under the ESPN agreement by showing those events on BYU-TV. Since BYU-TV is available pretty much nation wide this would provide the WAC with more opportunities to be on television.
As for the football post season BYU would have secured an opportunity within the WAC bowl lineup in addition to any other deals they could strike on their own:
"BYU will be guaranteed one of the WAC's current four bowl spots as long as its record is better than that of the WAC team finishing third in the conference standings," the MOU stated. "BYU will be responsible for all expenses and any liability associated with the bowl game."
Not a bad deal especially if BYU were to have a down year and was sitting at 8-4 in compared to their current trend of rolling out 10 plus win seasons in football. This next quote explains in detail the buy out clauses for the league:
The agreements, which as of now are not going to happen, included an eight-year term, a $2 million buyout for BYU and $5 million buyouts for the other schools - with the option to waive the buyout for Louisiana Tech. If any WAC school in the agreement, including BYU, were to leave for a BCS conference, the buyout fee would also be waived. BYU would agree to not rejoin the MWC if that conference were to eventually receive automatic qualifying BCS status.
Again, BYU had all of the leverage in this situation because they had a lesser buy out and were the only legitimate team to get a chance to be invited to a BCS league. The Louisiana Tech clause is interesting and I the WAC is either being nice to allow La. Tech to leave since they are in no mans land or the league does not want the travel costs since the closest school is New Mexico State.
For those who say nothing was set in stone this is proof that the deal was done and only needed the signatures of all the parties, but it all fell apart when Fresno State and Nevada bolted for more money in the Mountain West. This was a very attractive deal for BYU and also the WAC since they would get a good football partner plus a lot more sports would be on television through BYU-TV during certain sports post season tournament which otherwise would not be on television at all.
Who knows if the Mountain West would provide any of the Mountain West championship sports to be shown on BYU-TV to appease BYU. There has been the thought which would allow BYU to simulcast some of their home BYU games in addition with The Mtn, but not sure if Comcast will give that up.
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Looks like BYU had a pretty good deal.
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UNLV is going all the way this year!
that's an understatenent
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by Jeremy Mauss on Aug 24, 2010 11:14 AM PDT via mobile up reply actions
wow
all the benefits of being in a conference, with out the bother of having to share money/revenue with all those other conference members.
From the WAC’s stand point this really makes them look desperate to agree to this. If this is a good deal from their point of view…they were hurting.
Colorado Rockies correspondent at My Team Rivals (www.mtrmedia.com/rockies) and my own site Rockies Reporter (www.rockiesreporter.wordpress.com) and one of the top Rockies writers at the Bleacher Report.
karl benson first two choices to keep the wac alive: texas state and texas san antonio. ouch!
reno gazzette journal.
I'm all about covering the spread and moneylines. Glory favors the bold. Chance favors the prepared mind. Luck, well i have that too. University of Utah goes to the Pac-12 conference in 2011. I expect them to compete immediately for the conference CG. Brock Lesnar will defeat Cain Velasquez. Womens MMA, the next big thing in sports. 10 days till the first game of college football. UTAH vs Pitt. September 2nd 2010.
by wolfmanshowlforever on Aug 24, 2010 12:34 PM PDT up reply actions
or Cal Poly
UC-Davis and Sacramento
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by Jeremy Mauss on Aug 24, 2010 1:01 PM PDT up reply actions
UTSA hasn't played a single down of football yet!
Seriously, is this their first season? They definitely aren’t FBS yet.
The WAC used to be a strong, proud conference, I find it sad to see it come to this. I think Karl Benson should have been kicked to the curb when he lost BYU/Utah and everybody else to the MWC.
Axes Up. Miner Rush - For UTEP Miners Fans
true
but they have games lined up against CSU, ASU, La Tech, KState, Houston, Virginia, and Arizona. The start in 2011
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by Jeremy Mauss on Aug 24, 2010 6:29 PM PDT up reply actions
Not true
For those who say nothing was set in stone this is proof that the deal was done and only needed the signatures of all the parties.
Not exactly true.
The copy of the MOU obtained by the Deseret News was in draft form and sources say had since seen some revisions and amendments added and/or subtracted.
In the revisions, it was made clear the $700,000 was just a starting point in negotiations and the actual guarantee money would not be as high.
This was an early draft, and certainly revisions had been made, but to say all it needed was signatures is a stretch. A LOT would still need to happen to make this a done deal. It does look like a lot of negotiation had gone on, which is expected if BYU and the WAC had been talking since June, but there is no reason to say that negotiations were finished or that this deal had been agreed to by both parties.
Spare me the BYU fanboy garbage; until BYU and the WAC had a press conference scheduled to announce this, nothing was going to happen
Mark, Cougar for Life
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like what?
First off there was not much time to make revisions since September 1st is the deadline to declare to leave the MWC for the 2011 season. So this draft had to be near completion.
This was a lot closer to being signed then not, and there are always going to be revisions until the second they signed. This shows they were very serious and was close to being done. As far as the $700K section goes that seemed to be one of the few revisions that would be made.
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by Jeremy Mauss on Aug 24, 2010 1:00 PM PDT up reply actions
Signatures
If the only thing that was needed was signatures, why wasn’t it signed and why weren’t the press conferences scheduled? They were definitely running up against a deadline, but the deal could have been put off another year, giving both sides time to make sure everything was acceptable.
I agree that this was probably close to being signed, but not so close that the deal actually happened. I don’t think we’ll ever know if a timeline was set for signing and releasing the appropriate information. All we know is that the MWC acted crazy fast when rumors started flying, and the likelihood of this deal happening now is slim to none.
I don’t agree that the WAC has a case that an agreement, in principle, was made. The buyout agreement was put in place independent of everything else. Had it been part of a package of documents signed for this deal, then it would definitely be relevant and they’d have a case, but since it was signed on the Friday and BYU and the WAC were still hammering out details in the MoU on Tuesday, it loses a lot of it’s relevancy, especially since any reference to it in the MoU would’ve become moot at its signing. It will be interesting to see if any legal battles do surface, and maybe it’ll be closer than I think. Lawyers can be tricky folk.
Mark, Cougar for Life
Mountain West Connection - The best site for MWC sports!
Just because buyout was signed a day earlier
Doesn’t mean it loses relevancy. BYU relied on those signatures in order to consummate the deal with the WAC. The WAC also relied on those signatures in order to broker the deal with the MWC. Yes, the buyout was a step in the process but it was a hugely important one that as we all saw ended up being the reason it’s all falling apart.
Axes Up. Miner Rush - For UTEP Miners Fans
really?
check my latest post on more details http://www.mwcconnection.com/2010/8/24/1648916/wac-corporate-resolution-shows
Ill save ya time read this.
Western Athletic Conference (WAC) Corporate Resolution
Whereas, the Western Athletic Conference is a corporate entity formed for the purposes of establishing and organizing athletic competitions among its members which include the following universities: Boise State, Fresno State, Hawaii, Idaho, Louisiana Tech, New Mexico State, San Jose State, and Utah State; and,
Whereas, Boise State has given notice of its withdrawal from the conference in accordance with Article II, Section 7 of the bylaws and consequently has forfeited its right to be present at meetings of the Board of Directors when matters relating to prospective new member institutions, or to institutions that have accepted invitations to join the conference, are being discussed pursuant to Article III, Section 5, and;
Whereas, the members of the WAC wish to enter into an agreement with Brigham Young University (BYU); and,
Whereas, BYU and the WAC have been pursuing negotiations for the specific terms and conditions under which BYU will enter into a contract with the WAC; and,
Whereas, in order for BYU to proceed with termination of its current affiliation with the Mountain West Conference it needs certain minimum assurances from the WAC; and,
Whereas, the WAC wishes to take steps to make such minimum assurances to BYU so that a contract with BYU may be completed:
It is therefore resolved as follows:
1. The current bylaws and rules and regulations of the WAC shall remain in full force and effect. To the extent this resolution is in conflict with the current bylaws and/or rules and regulations, this resolution will prevail.
2. The members of the WAC who have attended this telephonic conference conducted at 11 a.m. mountain standard time August 13, 2010 hereby waive notice of the meeting and acknowledge that the actions taken at this meeting are fully binding and effective on all members of the WAC.
3. The terms of this resolution shall become effective immediately. It is understood that the agreement regarding athletic seasons contemplated with BYU will extend through the time frame July 1, 2011 through June 30, 2016 or as extended, or if terminated in accordance with paragraphs 4 and 5 herein.
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by Jeremy Mauss on Aug 24, 2010 6:33 PM PDT up reply actions
Exactly
This resolution merely set the stage for negotiations and was not an actual agreement sending BYU to the WAC, even in principle. The memorandum of understanding, equivalent to a letter of intent, was still being haggled over and not signed. This document served as an indication of an assurance of good faith between the WAC and BYU, so that negotiations on the actual letter of intent could continue. BYU probably wasn’t going to start negotiations on that until they had assurances that the WAC remained a viable conference. The only agreement that this resolution implies is an agreement to come to the negotiating table, where the memorandum of understanding was being hashed out. I’m not sure anything legally will come of this (I’m not sure who would sue who), but it will be interesting to see what happens with it if anything does.
Mark, Cougar for Life
Mountain West Connection - The best site for MWC sports!
but you can not deny
this was very far along, but one question for you is that how can the WAC enforce the buyout clause to Fresno and Nevada.
I know that change the other day and is now void, but tell me how they attempted and seemed very intent in getting $5 million from each school.
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by Jeremy Mauss on Aug 25, 2010 10:33 AM PDT up reply actions
Even the Deseret News admits it.
And the Deseret News and BYU are both owned by the LDS church. Here is a quote from the Dnews.
Exactly how close was BYU to declaring its football independence and rejoining the Western Athletic Conference?
Close enough that what can essentially be called a prenuptial agreement was drawn up and ready to go
mbennett427 still wont believe it though.
mistake with the quote above
The bottom two lines are the same quote, even though the second line isn’t highlighted. Deseret News Quote…
Exactly how close was BYU to declaring its football independence and rejoining the Western Athletic Conference?
Close enough that what can essentially be called a prenuptial agreement was drawn up and ready to go
I'm not a lawyer (yet) as I took the TX Bar a month ago
But, let me just say it doesn’t appear a lot needed to ironed out here. An agreement, in principle, was made and the Fresno and other signatures on the Buyout agreement might be used to show that.
If the WAC sues over the buyouts, which they will most definitely do, it’s going to be a heck of a legal battle- by no means can we say who will win or not based off this draft- but the WAC has a case.
Axes Up. Miner Rush - For UTEP Miners Fans
I think the MWC should sue the WAC for interfering with their contract with BYU
Like the Big East sued the ACC for stealing Miami, BC and VA Tech. Then whatever money the MWC gets they can use to help Fresno/Nevada pay their buyouts.
Everyone hates a pink-shirt-wearing communist.
by displacedute on Aug 24, 2010 2:55 PM PDT up reply actions
BYU had an opt out clause of some sort
Which would allow them to begin looking at other options. Also, the WAC didn’t approach BYU, it was the other way around.
Axes Up. Miner Rush - For UTEP Miners Fans
I could come up with a theory.
Give me a couple of days. Commercial law is not my area, but I’m a plaintiff attorney so I’m sure I could think of something. If they can get venue in Vegas they’ll win easy.
Everyone hates a pink-shirt-wearing communist.
by displacedute on Aug 24, 2010 4:53 PM PDT up reply actions
hmmm
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by Jeremy Mauss on Aug 24, 2010 6:30 PM PDT up reply actions
contract
the MWC has an open door policy with no penalty so there is no penalty for trying to leave.
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