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Old 04-02-2014, 01:38 PM   #1
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Default SC Supreme Court Rules against Gamecock Club

and for Gamecock fans. Ruled the addition of PSL fees were breech of Contract.

http://www.thestate.com/2014/04/02/3...ml?sp=/99/181/

http://www.judicial.state.sc.us/opin...s/SC/27372.pdf
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Old 04-02-2014, 01:48 PM   #2
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Default Re: SC Supreme Court Rules against Gamecock Club

I wonder if the ruling only counts towards Gamecock Club members who were donors prior to the institution of the PSL fee. If so, I'm guessing all club members prior to 2008 will be exempt from the PSL fee.

All Gamecock Club members who joined AFTER the PSL fees were instituted I imagine will still have to pay.
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Old 04-02-2014, 01:50 PM   #3
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Default Re: SC Supreme Court Rules against Gamecock Club

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Originally Posted by Roosterboy View Post
I wonder if the ruling only counts towards Gamecock Club members who were donors prior to the institution of the PSL fee. If so, I'm guessing all club members prior to 2008 will be exempt from the PSL fee.
I think it only applies to a few big donors who ponied up the big time funds ($100K+ to be "lifetime" donors (who locked themselves into lifetime season tickets).
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Old 04-02-2014, 02:38 PM   #4
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Default Re: SC Supreme Court Rules against Gamecock Club

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Originally Posted by Lonnie View Post
I think it only applies to a few big donors who ponied up the big time funds ($100K+ to be "lifetime" donors (who locked themselves into lifetime season tickets).
So this ruling could apply to those few donors I guess.
Thanks for the clarification.
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Old 04-02-2014, 03:34 PM   #5
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Default Re: SC Supreme Court Rules against Gamecock Club

Must be doing it increase his profit margin for these tickets on resale. $5000 gives him first-refusal for lifetime tickets? He's probably made hundreds of thousands on these seats already. Seems like a retirement fund to me.
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Old 04-03-2014, 09:34 PM   #6
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Default Re: SC Supreme Court Rules against Gamecock Club

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Originally Posted by ReadR00ster View Post
Must be doing it increase his profit margin for these tickets on resale. $5000 gives him first-refusal for lifetime tickets? He's probably made hundreds of thousands on these seats already. Seems like a retirement fund to me.
We use or give our tickets. Here are the facts.

As posted by George M. Lee, II on Gamecock Central.


I want to clear up any misconception regarding my decision to bring legal action against the Gamecock Club. Here are the facts:

1: I did not inherit the rights to any insurance policy from my late father. I was the one who purchased the insurance policy and the contract with USC clearly indicates this on its face.

2. In 1990 my father and best friend passed away unexpectedly. This is a man that supported the Gamecock club for 40 years prior to his death, giving of his time and money to help in any way possible. My family has been a part of the Gamecock Club for over sixty (60) years and we will make 100+.

3. My family has purchased 16 season tickets annually for over twenty years and prior to my father's death purchased 32 season tickets annually for football alone. Far more than we needed, so that the revenue from those ticket purchases would provide financial benefit to the Athletic Departments. This was done when the football program was mediocre at best. That is loyalty.

4. At the time of his death my mother and sister indicated that they would like to retain my fatherís tickets for sentimental reasons and as a result requested that I contact Art Baker and request that my sister's seats and my seats be reassigned so that my mother's wishes could be fulfilled. My contract was already executed and the policy in place prior to any of this occurring. I met with Art and he agreed that it was appropriate to grant this request based upon the circumstances.

5. Numerous attempts were made to resolve this matter so that everyone was satisfied. I was rebuked by Jeff Crane and told that USC had no intention of honoring the contract in place and further stated that if I did not like their position I could sue them. I can say that I cannot recall being treated in such a manner at any point in my life, I took Mr. Crane up on his offer and did sue in order to protect the rights of all lifetime donors. I did this knowing that my decision might be unpopular but also with the knowledge that if someone did not step forward and challenge Mr. Hymans decision that such disregard for the law, ethics and rights for loyal (longtime) fans on the part of Mr. Hyman and his minions would only escalate.

6. My contract was not a special deal, it is basically the same as all of the other lifetime contracts in place.

7. Google Texas A&M Donor suits and you will see that Mr. Hyman has done the exact same thing to A&M's loyal donors and suits have been filed as a result. Seems to me that Mr. Hyman has simply moved the road show to Texas. History has a strange way of repeating itself. In my opinion Mr. Hyman has utter disregard for the true fans and longtime donor's and is only interested in building a resume of raising funds. I have no doubt that Eric will retire or move on as soon as the hatchet job is complete at A&M and leave his replacement to deal with the long term fallout.

8. Ray Tanner is the right man for the job and I seriously doubt that he would have acted in the manner that Eric Hyman and Jeff Crane did in the same situation. Coach Spurrier is a class act and has done more to bring positive publicity to the football program that anyone dreamed while cleaning up a program that was adrift.

9. Call me greedy, call me a jerk, but rest assured that I sleep very well at night. No one should be treated with total disdain and disrespect as all Life Time Member's have been by My. Hyman. Blame me all you want, but make sure you have the facts straight before opining as to the integrity of someone.

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Old 04-02-2014, 01:49 PM   #7
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Default Re: SC Supreme Court Rules against Gamecock Club

i think it applies just to that one guy right?

Quote:
George M. Lee III, a longtime member of the Gamecock Club who once agreed to take out a $100,000 life insurance policy with USC as the sole beneficiary
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Old 04-02-2014, 01:57 PM   #8
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Default Re: SC Supreme Court Rules against Gamecock Club

Quote:
George M. Lee III, a longtime member of the Gamecock Club who once agreed to take out a $100,000 life insurance policy with USC as the sole beneficiary
Wait, say what?
What did Mr. Lee receive in return for this?

Please dont tell me he got season tickets for life or some other locked-in, no longer have to pay benefit in return of some future-dated payout to the university...

If so, then DAMN...I knew we had some horrible athletics departments in the past, but this is over the top.

I sure hope I'm just reading the article wrong. (btw, whats up with The State not specifying what Mr. Lee received in return for the insurance policy? bush league journalism there, Cloninger...)
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Old 04-02-2014, 02:26 PM   #9
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Default Re: SC Supreme Court Rules against Gamecock Club

The Lifetime membership was offered in the Mid-1980s. For purchasing a $100,000 life insurance policy with the university as beneficiary (I think the cost was $5000) in return you were guaranteed never again to have to pay anything but the cost of season tickets for up to either 6 or 8 seats and that lifetime membership is willable. Have to remember at the time the maximum donation level was a silver spur at about $1300. I would have bought one but had just graduated and could not afford it. I believe there were 25 people who bought the lifetime membership and this ruling shows that those members were correct and Hyman and crew were wrong at least in how they chose to deal with the lifetime members.

So yes, they were given lifetime rights to their tickets for only the yearly cost of those 6 to 8 seats and cannot be charged anything else, no donation, no YES and at the time it included parking too. Basketball was also included.
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Old 04-02-2014, 03:52 PM   #10
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Default Re: SC Supreme Court Rules against Gamecock Club

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The Lifetime membership was offered in the Mid-1980s. For purchasing a $100,000 life insurance policy with the university as beneficiary (I think the cost was $5000) in return you were guaranteed never again to have to pay anything but the cost of season tickets for up to either 6 or 8 seats and that lifetime membership is willable. Have to remember at the time the maximum donation level was a silver spur at about $1300. I would have bought one but had just graduated and could not afford it. I believe there were 25 people who bought the lifetime membership and this ruling shows that those members were correct and Hyman and crew were wrong at least in how they chose to deal with the lifetime members.

So yes, they were given lifetime rights to their tickets for only the yearly cost of those 6 to 8 seats and cannot be charged anything else, no donation, no YES and at the time it included parking too. Basketball was also included.
There has to be more than 25 people who bought these because I know of at least 8 families who have them. They've had them for YEARS and many bought multiple tickets. I know of one family who bought at least five sets of seats.
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Old 04-02-2014, 04:18 PM   #11
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Default Re: SC Supreme Court Rules against Gamecock Club

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There has to be more than 25 people who bought these because I know of at least 8 families who have them. They've had them for YEARS and many bought multiple tickets. I know of one family who bought at least five sets of seats.
Possibly but they used to list them in the football program and it was just a couple dozen and the mid 1980s would mean that they have had them for YEARS(approx. 30). The number 25 still sounds right but it was way less than 50. There was a seat limit too and I believe it was 8 max but it could have been 10. That was a long time ago. But that 1985-87 time frame was the first time they offered the lifetime membership and sometime around 1990-1993 they quit offering them if I recall correctly.
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Old 04-02-2014, 05:05 PM   #12
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Default Re: SC Supreme Court Rules against Gamecock Club

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Originally Posted by BlueHerons View Post
There has to be more than 25 people who bought these because I know of at least 8 families who have them. They've had them for YEARS and many bought multiple tickets. I know of one family who bought at least five sets of seats.
I had heard the number 28 somewhere before but for the life of me I can't remember where I heard that. Was it just one generation transferable or was it able to be willed for generations?
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Old 04-02-2014, 06:16 PM   #13
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Default Re: SC Supreme Court Rules against Gamecock Club

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I had heard the number 28 somewhere before but for the life of me I can't remember where I heard that. Was it just one generation transferable or was it able to be willed for generations?
Permanent willability based on the literature that they sent out at the time.

It really doesn't matter if it was a bad deal or not for USC( and it mostly was)they created the level and set the conditions and benefits. Those who bought the lifetime memberships were guaranteed those benefits and the university and Hyman should have lived up to the agreement that was made. Justice has been served and those who bought the lifetime membership will get what they were promised as should have been done in the first place.

Bottom line is if you make an agreement and sign a contract, you have to live up to it even if future administrations find it to be not in their benefit.
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Old 04-02-2014, 06:22 PM   #14
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Default Re: SC Supreme Court Rules against Gamecock Club

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Bottom line is if you make an agreement and sign a contract, you have to live up to it even if future administrations find it to be not in their benefit.
/thread.
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Old 04-02-2014, 06:40 PM   #15
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Default Re: SC Supreme Court Rules against Gamecock Club

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Permanent willability based on the literature that they sent out at the time.

It really doesn't matter if it was a bad deal or not for USC( and it mostly was)they created the level and set the conditions and benefits. Those who bought the lifetime memberships were guaranteed those benefits and the university and Hyman should have lived up to the agreement that was made. Justice has been served and those who bought the lifetime membership will get what they were promised as should have been done in the first place.

Bottom line is if you make an agreement and sign a contract, you have to live up to it even if future administrations find it to be not in their benefit.
However, a party in a contract can opt to breach it and pay damages if they they think performance of the agreement cost them more than the damages. My question would be. Don't the price of the seats vary from seat to seat? Can't they just raise this guy's seat price to cover the difference?
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Old 04-02-2014, 09:33 PM   #16
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Default Re: SC Supreme Court Rules against Gamecock Club

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I had heard the number 28 somewhere before but for the life of me I can't remember where I heard that. Was it just one generation transferable or was it able to be willed for generations?
Yes, they were passed down. One family, the mother, each of the three adult sons, bought the deal. The mother died a couple of years ago and her seats went to the eldest sons oldest son. Back when they opened up the zone, the same family bought four additional seats.

Mostly old money Columbia families that I know of.
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Old 04-02-2014, 10:13 PM   #17
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Default Re: SC Supreme Court Rules against Gamecock Club

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Yes, they were passed down. One family, the mother, each of the three adult sons, bought the deal. The mother died a couple of years ago and her seats went to the eldest sons oldest son. Back when they opened up the zone, the same family bought four additional seats.

Mostly old money Columbia families that I know of.
This isn't the first time this issue has been litigated actually: https://www.sccourts.org/opinions/di...No=2011-UP-331

That opinion actually dealt with lifetime silver spur memberships. The clause in that contract said, "Upon the death of [], this Lifetime Silver Spur membership will be transferred to [] for his lifetime only."

I would be pretty surprised if the lifetime full scholarship was more favorable, so I somewhat doubt it lasts multiple generations. Granted all this is speculation since no one on this board seems to have the document, but again, it would be really odd for the full scholarship clause to be significantly more favorable than the silver spur clause.

Only leaving it available for one bequest is also consistent with your story -- it makes more sense to will the tickets to someone young (the eldest son's son, rather than the eldest son outright). That way you can stretch out the benefit as long as possible. If you could bequeath the tickets forever, there would be no need to skip a generation.

Finally, just in case anyone was interested, the annual gamecock club report lists the number of donors at each level. As of 2013 there were 34 lifetime silver spur members and 188 lifetime full scholarship members. http://scgamecockclub.com/sites/all/...ship-Guide.pdf
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Old 04-02-2014, 04:43 PM   #18
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Default Re: SC Supreme Court Rules against Gamecock Club

wow, that isn't even a lot of money for the 80's; especially considering that the team was pretty good in those days. Whoever took advantage of that was very smart to do so. The only part that blows is how much the school is now out of for agreeing to such a stupid idea. These poor rich people and their families having to pay the YES prices and parking, etc... glad they will just pass the cost on to the rest of us so they'll get their much needed financial break.
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Old 04-02-2014, 04:54 PM   #19
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Default Re: SC Supreme Court Rules against Gamecock Club

This is the perfect example of OLD Carolina.

Those morons (Bob Marcum) back in the 80's gave these sweetheart deals to a few folks that bought 100K annuities, and in return got a lifetime exemption from Gamecock club dues.

Yes, you are reading that right. Then, Hyman tried to institute the PSL on these folks and decided it would be worth it to fight them in court. I think justice has been done...but DAMN was our leadership stupid back in the day.
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Old 04-02-2014, 06:33 PM   #20
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Default Re: SC Supreme Court Rules against Gamecock Club

the willable part is what kills me.
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