Jim Manion’s NPC promoter’s contract is allegedly anticompetitive
Evolutionofbodybuilding.net has obtained documents that reveal how Jim Manion’s NPC allegedly controls their independent contractors, especially when promoting their event.
The document titled, “Promoter Non-Competition and Solicitation Agreement”, has some concerning details, especially when promoting an event.
Independent Contractors reportedly have no control over where and how they promote their events
According to the document, the NPC has provided the Independent Contractor with “Confidential information” on how to promote their events, exclusively for the NPC. According to the document, everything done must allegedly benefit the NPC.
Below is an excerpt from the contract between Jim Manion’s NPC and the Independent Contractor:
- Promoter Exclusivity– Promoter acknowledges and agrees that during Promoter’s relationship with NPC, Promoter is limited to promoting events sanctioned by NPC. NPC provided Promoter with confidential information to promote NPC bodybuilding, physique and/or fitness and other related events (the “Events”) exclusively for the NPC and any and all goodwill associated with the confidential Event information by Promoter’s use shall inure exclusively to the benefit of the NPC.
- Promoter’s Restrictions– Promoter acknowledges and agrees that during Promoter’s relationship with NPC, and within the United States, Promoter will not, either individually or through Promoter’s company, participate, associate, advertise, judge, provide social media, or have any involvement with the promotion and/or conduct of bodybuilding, physique and/or fitness and other related events not sanctioned by NPC and/or otherwise sponsored by any individual, group or organization not affiliated with NPC.
This contract allegedly restricts Independent Contractors from having any business relation with any website or social media, that is not 100% sanctioned by Jim Manion’s NPC, or other related companies under his control.
An Independent Contractor allegedly cannot associate themselves with a friend who owns an independent website not sanctioned by the NPC, restricting them to only associate themselves with those whom Jim Manion’s NPC gives the ok to.
Allegedly, if a bodybuilding website or other media outlet is not in Jim Manion’s tight circle of friends, you are not going to make any money in the bodybuilding and fitness industry.
Evolutionofbodybuilding.net is an independent website that caters to several federations, promoting the sport of bodybuilding and fitness, regardless of the federation.
This website demonstrates the extent to which Independent Contractors and even athletes will go to disassociate themselves from it.
After the split between the IFBB (Dr. Rafael Santonja), and the NPC (Jim Manion) in 2017, the majority of other independent websites have seemingly decided to be 100% loyal to Jim Manion’s NPC, refusing to promote or speak about any athlete that decided not to participate in any events associated with Jim Manion’s NPC, Pro League or any other related company owned by the Manions.
Evolutionofbodybuilding.net has come under a lot of criticism for promoting other federations not associated with the NPC, but this site has decided to remain independent of the NPC and Jim Manion’s influence on the industry.
Does Jim Manion’s NPC “contract” go against the Sherman Antitrust Act?
Below is a brief description of the Sherman Antitrust Act:
The Sherman Antitrust Act of 1890 is a United States antitrust law that prescribes the rule of free competition among those engaged in commerce and consequently prohibits unfair monopolies.
The Sherman Act broadly prohibits 1) anticompetitive agreements and 2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The Act authorizes the Department of Justice to bring suits to enjoin (i.e. prohibit) conduct violating the Act, and additionally authorizes private parties injured by conduct violating the Act to bring suits for treble damages (i.e. three times as much money in damages as the violation cost them). Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, and subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonably restrains trade.
The NPC’s contract, that Evolutionofbodybuilding.net has obtained allegedly states that the Independent Contractor is strictly prohibited from having anything to do with any entity, whether it’s a media outlet, another federation, or anything that is not 100% loyal to Jim Manion’s NPC or other related companies under his watch.
There is a big difference between being an employee, or a private business providing services to a company.
For example, if someone is employed by Jim Manion, they have every right to tell their employee, not to do any work with a company that is in direct competition with the company (another federation), if the employee goes against the rules, they will get fired.
But an Independent Contractor working with Jim Manion is a totally different scenario. An Independent Contractor is not paid by Jim Manion; the Independent Contractor allegedly sends a large amount of funds to Jim Manion.
Jim Manion cannot force an Independent Contractor who’s not his employee to not have any relations with a company, media outlet, or any other business not under his watch.
Independent Contractors cannot be prohibited from working with another federation the following weekend and Jim Manion is allegedly imposing restrictions that limit Independent Contractors’ ability to expand their business, effectively compelling them to comply with his directives.
The restrictions the Independent Contractor has with the NPC are perfectly stated in the contract:
Promoter’s Restrictions – Promoter acknowledges and agrees that during Promoter’s relationship with NPC, and within the United States, Promoter will not, either individually or through Promoter’s company, participate, associate, advertise, judge, provide social media, or have any involvement with the promotion and/or conduct of bodybuilding, physique and/or fitness and other related events not sanctioned by NPC and/or otherwise sponsored by any individual, group or organization not affiliated with NPC.
These are the horrible conditions the Independent Contractor is reportedly forced to work under.
The creation of rival federations forced Manion to strengthen his grip on his Independent Contractors
Another part of Jim Manion’s Independent Contractors contract is very worrying. The Independent Contractor,” who’s not employed by Jim Manion, cannot participate in any other bodybuilding and fitness activity not affiliated with the NPC.
Time Restrictions – At the termination of Promoter relationship with NPC, and for a period of 2 years thereafter, within the United States, Promoter acknowledges and agrees that it will not, either individually or through Promoter “Independent Contractor” ’s company, participate, associate, advertise, judge, provide social media, or have any involvement with the promotion and/or conduct of bodybuilding, physique and/or fitness and other related events not sanctioned by NPC and/or otherwise sponsored by any individual, group or organization not affiliated with NPC.
How can Jim Manion restrict an Independent Contractor for 2 years, who is also not employed by him or his related companies?
Jim Manion allegedly enforced the “Time Restrictions”, part of the contract because of Ed and Betty Pariso. They started their federation, the WBBF, immediately after cutting ties with the NPC.
Ed and Betty Pariso supported Jim Manion as Independent Contractors for over 30 years, but after speaking to Betty Pariso, allegedly some actions, or the lack of actions, by Jim Manion, forced them to sever their ties with Manion and start their own rival federation.
Ed and Betty Pariso did not wait two years to start their federation, most likely because they allegedly did not sign a contract with Jim Manion, or they are allegedly contesting Jim Manion under the Sherman Antitrust Act.
Promoting some of the biggest events and expos under the NPC flag, the Parisos allegedly helped make Jim Manion a very rich man, paying sanction fees, and commissions from their profits over their 30-year relationship.
The new federation WBBF (World Beach Body Federation) created by the Pariso’s has allegedly disturbed Jim Manion, as the NPC just recently launched the “Fit-Model” division, a direct answer to Pariso’s WBBF.
The Parisos are not the only promoters to break free, another two of Manion’s biggest Independent Contractors, Brent Jones of Kentucky Muscle, and Richard Siegelman, have also cut ties with Jim Manion, after many years of loyal support.
The alleged pending federal cases against the Manions are also one of the reasons many Independent Contractors have severed ties with the Manion family.
Starving independent media outlets from earning a living
The “contract” that this site has obtained also shows that if a company is not 100% loyal to Jim Manion’s NPC, they are allegedly not going to have any financial success.
Not only does this restrict the Independent Contractor, but sponsors and advertisers associated with the NPC are reportedly subject to the same limitations, declining to advertise or sponsor their brands on independent media platforms like Evolutionofbodybuilding.net.
The contract allegedly forces the NPC’s Independent Contractors to associate themselves with media outlets and other companies that are only affiliated with the NPC, which in reality is an unfair monopoly.
Again, the Independent Contractor is not employed by Jim Manion, therefore they can run their business any way they. If that means advertising their events on an independent media outlet, such as this site, they should be free to do so.
Evolutionofbodybuilding.net has been pushed aside by several potential sponsors and advertisers because of the alleged scare tactics of the powers that be.
Allegedly, companies that support Jim Manion’s NPC and related companies, work in the same manner.
Below are just a few examples from many:
This is proof that several sponsors and advertisers are pressured not to work with this website and possibly other independent websites, that cover several federations to give a better service to its readers.
This website has always, and will continue to, provide our sponsors with the best service and attention they deserve. We believe in the freedom of speech and association, and the recent criticism regarding our support for multiple federations, not just the NPC, reflects this principle.
It simply makes good business sense to reach a wider audience. By promoting to athletes across various federations, brands gain exposure to thousands of potential customers while limiting affiliation to a single entity restricts that reach.
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