Former Ring of Honor creative member and producer Joey Mercury has continued to call out ROH General Manager Greg Gilleland. Mercury leaked out e-mail correspondence between ROH star Kelly Klein and Gilleland:
“Hello Greg, I wanted to speak with you about a few items in the contract. When we spoke briefly on Friday, I did not have questions regarding the amended portion of the contract. However, I have since re-read the rest of the contract and I have a few things that I would like to clarify. In regards to the amendment, when we spoke on the phone, I asked if it was possible to make the yearly amount $24,000 to make each monthly check an even $2,000. You said you couldn’t do that because then you would have to pay all of the other women that amount. As each agreement is for each individual, I do not believe that my contract should have any bearing on anyone else’s, just as no one else’s contract has bearing on mine. There is also, of course, the confidentiality section in the contract, which should further prevent this from being an issue.
Three items I would like clarified and potentially modified in the contract include sections 8, 9b, and 19.
In section 8, the company has the ability to terminate the contract at any time with 30 days notice, however I did not see any termination rights for me. I would also like the right to terminate the contract with sufficient 30 days notice.
In section 9b, Release and Grant of Rights, there is mention of some royalties that only appear to be applicable during the term of the contract. If the company retains rights to my likeness and rights to sell any products using my name and likeness, I would like it to be clear that any and all of the royalties would be paid even after the end of the contract.
Finally, section 19, Waiver and Release of Liability release the company of any responsibility including in instances of negligence. I understand and acknowledge the inherit risk of performing in the manner of professional wrestlers. However I am not comfortable waiver liability in instances of negligence.
Please let me know when you have time to clarify these items. I am happy to scheduled a phone call or meeting before or after my work day, or during a break if time allows. Thank you for your time and for all of your help with this. – Kelly Klein”
Gilleland’s response:
“Hi Kelly, While we have the NDA language, unfortunately it seems that everyone knows everyone’s deal regardless. I’m not suggesting that you would divulge it at all, it’s just an assumption that I have to make. However it is more so a fairness internally, aligning the completions for the division as it continues to grow. It things take off or change for the better, we can review/renegotiate at any time.
In section 8, this is protection that we reserve in all deals and one that legal has resisted change to over the year. It is one that we have not used to date/would never use “just because.” It’s self-governing in that if we were to exploit or abuse this language, then our deals would mean nothing and talent would not want to work here. If we gave a mutual right, then the contract is essentially a month to month contract is that what you want?
9b. Royalties are paid after your contract expires at 10% even though the contract rate expires and we reserve the right to continue selling compilations and T-shirts with your likeness. With that said, we wouldn’t produce new apparel after you left anyway. It would simply be liquidating old stock. We can add a sell-off period or enter into a separate merchandising agreement at the end of any expiring talent agreement if you wish to do so.
Section 19 will involve an internal review by our legal team. This is our standard liability language and would involve an extension risk analysis and management decision to change. I can raise the case.”
