Following up on my Shine Promotions/Don King Productions post here, I tracked down a complaint filed by Mayorga against DKP (and others) on September 1, 2009. In that action, Mayorga was seeking a declaration from the court that DKP had breached its promotional contract with Mayorga and that the contract was no longer in effect due to Don King's failure to provide a minimum of three fights a year as required under the contract.
Mayorga's counsel also attached a copy of the relevant contract between the parties to the complaint. I took a quick look and it appears that Mayorga and Shine have the better argument here.
Specifically, the contract provides in relevant part as follows:
WHEREAS, Fighter is a professional boxer and desires to enter into an agreement with Promoter for it to be his exclusive promoter for future bouts;
I. PROMOTION. Fighter hereby grants Promoter the sole and exclusive right to secure and arrange all professional boxing bouts (Individually, a "Bout" and collectively, the "Bouts") requiring Fighter's services as a professional boxer and to secure, arrange and promote all such Bouts . . .
XI. EXCLUSIVITY. In consideration of the obligations of Promoter to secure, arrange and promote Bouts requiring Fighter's services, and to pay Fighter's purses, as provided herein, Fighter agrees that during the term hereof, Fighter shall not participate in any bouts other than Bouts promoted or co-promoted by Promoter or for which Promoter has granted Fighter prior written permission and Fighter shall not render his services as a professional boxer to any person, firm or entity other than Promoter, except with Promoter's prior written permission.
It is clear from the above (I. PROMOTION) that DKP was only given exclusive rights to arrange and secure professional boxing bouts. It is also clear that Mayorga was only precluded from rendering his services as a "professional boxer" to another entity.
What is a little ambiguous (although I think in the overall scheme of things this would be resolved in favor of Mayorga), is that the first sentence of Section XI precludes Mayorga from participating in any bouts other than (the already defined boxing) Bouts so an argument could be made that bouts (with a little b) is somehow broad enough to preclude Mayorga from participating in an MMA match.
Weighing against this reading, of course, is the fact that Mayorga was only a professional boxer when he entered into the agreement and the fact that DKP was only given the exclusive right in Section I to promote Mayorga's professional boxing bouts -- no other types of bouts. Ultimately, I think Shine has the stronger argument. We will soon find out whether DKP is going to pursue this.
BTW, Mayorga voluntarily dismissed this lawsuit so nothing was resolved. Fight Lawyer
