SUPPLEMENTAL REPORT TO APBA MEMBERSHIP REGARDING TERMINATION OF LICENSE AGREEMENT WITH APBA OFFSHORE POWERBOAT RACING, LLC
Some of the bitter, personal, and inaccurate commentary issued in recent days by Michael Allweiss and APBA Offshore Power Boat Racing, LLC ("Offshore") has been brought to the attention of APBA. We regret that the discourse has reached this level of unpleasantness unprecedented in the grand, century-old tradition of APBA.
It appears that Mr. Allweiss and Offshore, through their recent communications on the Offshore website and elsewhere, are attempting to divert attention from the real dispute between APBA and Offshore.
In brief historical summary, Offshore last year became unhappy with its February 2000 License Agreement with APBA, which was commenced during the tenure of former APBA President Michael Jones and former APBA Treasurer Greg Jacobsen. Offshore triggered the termination provisions of its Agreement with APBA by refusing to pay the agreed amounts due APBA.
On October 2, 2002, Greg Jacobsen sent a memorandum to Michael Jones noting that he had reviewed the calculated fees due APBA from Offshore for fiscal year 2002. Mr. Jacobsen directed APBA staff to inform Offshore of that amount due at the end of the October 31, 2002 fiscal year and to insist on timely payment of that amount.
Offshore was given notice of that failure to pay, was invited to cure it, and refused to cure it. Had Offshore performed under the terms of the Agreement, the Agreement with Offshore would not have been terminated. Instead, Offshore proclaimed that it would no longer abide by the Agreement.
APBA, to protect the interests of its membership, terminated the Agreement and informed Offshore that continued use of its name would violate APBA's intellectual property rights. Offshore has continued to use the APBA name and has continued to refuse to pay the amounts due APBA for fiscal year 2002 and for 2003.
Charles Strang and Steve Hearn met with Michael Allweiss and Lee Mills of Offshore in a good faith attempt to settle this dispute in a manner that might be mutually beneficial. As set forth in the April 17, 2003 Report to APBA Membership Regarding Termination of License Agreement With APBA Power Boat Racing, LLC, the settlement demands made by Offshore were simply outrageous and offered no hope of a compromise beneficial to APBA's membership.
On April 17, 2003, we informed Offshore's North Carolina counsel in writing of APBA's desire to have these disputes decided in an orderly, professional fashion in an arbitration proceeding, as agreed to in the February 2000 License Agreement, in accordance with the arbitration rules of the American Arbitration Association. In the meantime, APBA does not intend to engage in the types of personal attack and invective that have characterized Mr. Allweiss' and Offshore's recent communications on its website and elsewhere.
Contrary to Mr. Allweiss' assertions, APBA breached no so-called "confidentiality agreement," regarding the recent settlement proposal described in the April 17, 2003 Report. No such agreement existed. Moreover, in light of the aggressive demands and threats of litigation from Mr. Allweiss and Offshore, APBA felt its membership needed to understand why APBA had decided to end negotiations and submit this matter to arbitration.
APBA is grateful for the strong support and demonstrations of confidence from its membership over the past week. We hope that these outstanding issues will be resolved in the reasonably short term in the appropriate forum.
Location: Lake George, NY it's not called "Queen of American Lakes" for nothin'!
Posts: 5,517
1987 24 Skater Twin 225's
T2x,
Where did it mention OSO? I guess I missed it but read it twice. It mentions Offshore's Website but not OSO. Mayeb you want to be careful with this so as not to throw any gas on the fire. Thanks for sharing the letter though.
Hey, fuggetabottit! I know what you mean...It's strange, everytime I see, write or want to say the word offshore, I'm always throwing "Only" at the end of it!
Originally posted by Baja Daze Hey, fuggetabottit! I know what you mean...It's strange, everytime I see, write or want to say the word offshore, I'm always throwing "Only" at the end of it!
In a funny sort of way we have a more democratic and effective forum here, than our brothers in the various racing organizations (except for "the Jerzy Boyz" who are like one big happy family)....maybe our little "Only" is the "model" for a truely useful and informative group.
Location: Lake George, NY it's not called "Queen of American Lakes" for nothin'!
Posts: 5,517
1987 24 Skater Twin 225's
Quote:
Originally posted by T2x In a funny sort of way we have a more democratic and effective forum here, than our brothers in the various racing organizations (except for "the Jerzy Boyz" who are like one big happy family)....maybe our little "Only" is the "model" for a truely useful and informative group.
T2x
Ain't that the TRUTH!!!!!!! I also seem to inadvertantly add "ONLY " myself.
Originally posted by T2x In a funny sort of way we have a more democratic and effective forum here, than our brothers in the various racing organizations (except for "the Jerzy Boyz" who are like one big happy family)....maybe our little "Only" is the "model" for a truely useful and informative group.
T2x
I couldn't agree more...And I have a funny little feeling that there are many more eyes peering in than would ever care to acknowledge it.
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