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Re: Dimond Is Suing Me. I'm Asking For Your Help. [lbmxj560] [ In reply to ]
 
When does the contract was supposed to end ?
End of 2016 ?
If so, we are in april 2017 so I don't see why he shouldn't be allowed to say now whatever he thinks about Dimond bikes.
No ?
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [kileyay] [ In reply to ]
 
Quote:
https://rappstarcom.files.wordpress.com/2017/04/ruster_v_rapp.pdf

What is it with important legal documents always being photocopied in the worst possible way / shitty quality? Specifically the last page.

My 4-year olds $20 kid's smart watch can take a better high rez photo than the photocopy work done there.

"If it costs you 30 minutes at Maryland so what" -dwreal
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [kileyay] [ In reply to ]
 
kileyay wrote:
Slowman wrote:
i don't feel comfortable posting it because i'm not a party to the dispute.


I feel comfortable. Here are the filings: https://www.dropbox.com/...ESYAXEgHCcHFT6a?dl=0

Based on cursory review, the case against Blick looks a bit weak (except for this e-mail that he sent trying to sell Ventum's to customers or would-be customers that he knew from his Dimond days) and the case against Rapp looks strong (i.e. clear breach of contract).

Thanks for posting this.

For those saying Dimond is in rough shape, using some simple math, you can figure out the company's 2016 gross sales. Rapp said he got his quarterly payment of $1,700. According to the contract, he was to be paid 0.5% of the company's gross sales from the pervious year split into quarterly payments. So his annual cut was $6,800, meaning the company had something in the neighborhood of $1.36 million in gross sales in 2016.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [TheTort] [ In reply to ]
 
TheTort wrote:
unless he counter-sues for reputation damage, he's not going to get much more than attorneys fees.


Does it seem to you this is his intent and not just for damage to reputation?
Last edited by: ajthomas: Apr 27, 17 9:40
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [ajthomas] [ In reply to ]
 
i can't control what people think or write. i haven't tried to control opinions or conclusions people draw. i do my best to monitor statements of fact (if not tied to evidence or limited to personal experience).

i have no idea why chris blick is getting sued. i have no knowledge that ruster sports is in anything but great financial shape.

Dan Empfield
aka Slowman
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Thomas Gerlach] [ In reply to ]
 
If I'm cervelo I'm delighted that 50% of my competition in the stupidly high end beam bike market just imploded. The sales they will scavenge from this will outweigh such a tenuous link to perceived safety issues in their own bike 10x.
If I'm the OP I'm clearing my accounts and assets because unless he has irrefutable evidence that contract was toast the best thing he can hope for is that rusted go under before he can't pay his lawyer any more. Otherwise they are getting his house, particularly now with this thread.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [jeremyscarroll] [ In reply to ]
 
I think it is $960,000 because $500 is automatic. SO it is .5% of 4800.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [devashish_paul] [ In reply to ]
 
devashish_paul wrote:
Jordan, a quick question on the beam-frame mate location and the "fail safe" mode. If at that joint the interface fails (not a carbon crack, but the friction holding the beam in place is insufficient to suspend the rider weight), when the beam "sinks" how low can it go? Is there a "bottom out" position that would not result in any calamity, or would it just sink right down to the rear tire.

In the aviation world we had the categories safety critical and mission critical. If your system failed but you just lost the mission that was less problematic than the system failing and the air crew crashing. In this case, is your issue a mission critical one where you can't finish the training ride or the race, or is it safety critical where a rider could get injured/hurt? This is unclear in this thread and I have not seen the design close enough to know the fail safe mode.

Dev

I think you are asking a question here for which we do not have enough information to answer. I will say, that in my opinion, anything that goes wrong with a bike in a critical situation can be catastrophically dangerous, including having your seat suddenly drop a few inches (much less have a beam that is not solidly attached) (note: I am not saying that the Dimond is susceptible to either of these). You, probably more than most of the rest of us, know this, but when I think of the saves I have had to make (especially at high speed (which means for me going down hill)) (e.g., having to dodge an obstacle) where the margin of error starts to get really small, if one more thing went wrong I would have been much less likely to get myself safely through it.

As to Jordan, I am slow to criticize him for his ongoing endorsements prior to the break-up. Trust is at bottom more of an emotion than a rational thought process. So, Jordan trusted TJ and his product based on a number of things (personal relationship, expectation of TJs good faith, etc.). He bought in. But then he hit a breaking point (maybe something that Jordan thought was a clear safety issue wasn't being addressed) and the trust was broken. At that point it is human nature to look back and think "how could I ever have let myself trust this bike?" I read Jordan to be saying he questions his endorsement. So I do not necessarily think he is being dishonest or a hypocrite. We just do not know enough at this time. I do not know Jordan, but I very much like the persona he projects on ST. I hope that is actually who he is and if so I hope he can get through all this without too much damage.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [dprocket] [ In reply to ]
 
dprocket wrote:
devashish_paul wrote:
The GMAN wrote:
devashish_paul wrote:


We have seen countless bikes in the market whose seats sink. I have seen none labeled as unsafe though. Its a forum, so I am not seeing the full picture. I'd personally roll the dice on the 1/10000 chance that my beam sinks (I don't know what the odds are, just picking it out of the air).

Maybe someone needs to start asking what the heck is Jordan doing to all these seat posts. By my count, he's been sponsored on a Shiv, Dimond and Diamondback. They all have had seat post failures (at least according to Jordan, based on the IMTX post). What the heck is going on?

1) The first couple years of the Shiv (tri) had a known defect. Specialized warrantied many of these frames. I don't believe the issue was widespread enough for a full recall, but they replaced any frame that exhibited the defect. And the fixed the design by incorporating a carbon "brace" that wrapped from the front of the lug around the back of the cutout for the post and back to the front of the other lug.

2) The seatpost on my Serios has never slipped. And I had zero problems with the post on my Andean before Texas during training; I am still not sure why it slipped in Texas. Humidity? At home, I use a torque wrench to tighten everything. On the road, I use torque keys or my "travel" Silca torque wrench. The recommended torque spec for the expansion plug mechanism (used on all DB frames) is 7Nm. It's possible that I simply under-torqued it, especially since I was going from an air-conditioned (low humidity) hotel room to the outside environment was enough of a change to cause some things to loosen. At home, I keep my bikes in my garage. So there is minimal variance inside/outside and also there are big temperature swings overnight and during the day, as opposed to a hotel room where it's the exact same temp 24/7. I don't know. I do know that I really cranked down on the expansion plug bolt and rode for 3.5hrs on Sunday (the day after the race), and the seatpost never budged.

As far as why this happens, I have some ideas. When I ride, I move left/right on the saddle a lot. It's just the way I pedal. I have been told from a visual perspective (not a power perspective), I ride a bit like Cadel Evans:

I think this makes it more likely that I will have issues with a seatpost saddle. I.e., IF THERE IS A PROBLEM, it will show up sooner with me that with someone who doesn't move quite so much in the saddle. I think that may be why, in spite of traveling with a torque wrench, I saw the issue that I did on the Shiv's seatpost. I was appropriately gentle with it when I was building the bike, but I'm harder on the bike that an "average" rider when I ride.

I also tend to ride relatively small frames. Like, I rode a medium Shiv, so I had a LOT of seatpost exposed. Likewise, on the Dimond, I rode a medium frame with the extra-long seatpost. Longer seatposts are going to put more torque on things. So if you have someone with a long seatpost who also moves a lot on the saddle, that's going to be a "worst case scenario" in terms of stress. Now, it's not abnormal. But I can see how why I'm more sensitive to issues than other riders. Once Specialized fixed the issue with the lugs on the Shiv, I never had a problem again. But I can see why the initial design, which was more prone to failure, failed on me.

I also ride my bike a lot. Just based on probability, someone who rides 8-10,000 miles a year, who travels to 10ish races a year, and who has been racing professionally for 10+ years is going to experience more problems than someone who rides less. If a design has a problem, I'm going to find it.

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [sethjk] [ In reply to ]
 
Quote:
I'd still find it hard to believe that these agreements would prohibit an athlete from switching bike sponsors. Athletes switch sponsors all the time- whether it be Nike to Under Armor or similar.

Athletes switch sponsors but athletes with contracts in place definitely do not switch sponsors without getting sued. The only reason you don't see situations like this often in the higher level pro sports is that those athletes have agents and lawyers making sure the athletes have their legal affairs in order.
Last edited by: STP: Apr 27, 17 9:19
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [tripot] [ In reply to ]
 
tripot wrote:
When does the contract was supposed to end ?
End of 2016 ?
If so, we are in april 2017 so I don't see why he shouldn't be allowed to say now whatever he thinks about Dimond bikes.
No ?

I may be wrong, but I think Jordan told me once it was a 5yr contract



---------------------------------------
Fruit snacks are for winners
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [ajthomas] [ In reply to ]
 
ajthomas wrote:
I think it is $960,000 because $500 is automatic. SO it is .5% of 4800.

The contract said he gets paid $500 a quarter for the first year. And for the second through fifth years of the contract, it's 0.5% of gross sales. Nothing about an automatic $500 payment.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Sean H] [ In reply to ]
 
Sean H wrote:
Tri Bread wrote:
I'm curious about the timing of the suit. Could JT not have waited until after IM Texas before suing?

Maybe this is why rapp said he couldn't post a pic of his andean? but he did eventually post a pic of his andean before imtx right? (there was something about a video of him putting it together?) maybe once he did that tj went ahead with the suit? just spitballin here...

Totally unrelated. I posted plenty of pics of my Serios. I couldn't post pics because of the Andean there's a prototype part on there: https://www.instagram.com/...?taken-by=jordanrapp

I had to get approval from the PR department before I could post the pics. That's what I was waiting for. Seal of approval from marketing. I still can't comment on it, but several people have already pointed out what it is (it's quite obvious).

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Thomas Gerlach] [ In reply to ]
 
Thomas Gerlach wrote:
ericMPro wrote:
QFT

Dark Mark wrote:
I am here to complain about my Falco


On a serious note, I wonder how Cervelo is feeling about this right now. Perception is reality to some extent and there are a lot of people who are not STers, who don't really care about pro triathlon, and who are just casual triathletes. All they see is a beam bike being declared unsafe. They won't do the research to determine the facts and get a clearer picture and will jump to conclusions. Will this also kill the P5X?

This event will kill nothing (except a lot of our time) folks who are saying this will kill Dimond... c'mon. Cervelo? right...

My Blog - http://leegoocrap.blogspot.com
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [bluestacks867] [ In reply to ]
 
bluestacks867 wrote:
Quote:
https://rappstarcom.files.wordpress.com/2017/04/ruster_v_rapp.pdf

What is it with important legal documents always being photocopied in the worst possible way / shitty quality? Specifically the last page.

My 4-year olds $20 kid's smart watch can take a better high rez photo than the photocopy work done there.

I did it with my smartphone. It was simply to send it to my lawyer who already knew pretty much everything in it. And the quality from which I'm starting is pretty poor. It's like a game of "telephone" here - it's a photocopy of a photocopy of a photocopy of a photocopy...

The last page is the last page of my contract, which I have (and I know what it says), so the fact that it is barely legible isn't really relevant.

"Non est ad astra mollis e terris via." - Seneca | rappstar.com | FB - Rappstar Racing | IG - @jordanrapp
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Rappstar] [ In reply to ]
 
TJ has said he is issuing a statement today. (Facebook)
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [kileyay] [ In reply to ]
 
I agree the case against Jordan looks pretty strong. The contract doesn't give the athlete much recourse in terminating the agreement or arbitrating deficiencies in their obligations. It does clearly state that he would need to petition in Iowa to sever the agreement due to "not providing frames suitable for training and racing" which I'm guessing Jordan did not.

I wonder how Diamondback feels about this? What did Jordan tell them before he signed with them?
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Dark Mark] [ In reply to ]
 
Dark Mark wrote:
I am here to complain about my Falco

You rarely make me laugh but that time you did. Nice work.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [logella] [ In reply to ]
 
Thanks for your compliment-insult, whoever you are.

Internet User
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Slowman] [ In reply to ]
 
Slowman wrote:
i can't control what people think or write. i haven't tried to control opinions or conclusions people draw. i do my best to monitor statements of fact (if not tied to evidence or limited to personal experience).

i have no idea why chris blick is getting sued. i have no knowledge that ruster sports is in anything but great financial shape.

cough...Pubes...cough

"It's good enough for who it's for" - Grandpa Wayne
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [kileyay] [ In reply to ]
 
kileyay wrote:
Slowman wrote:
i don't feel comfortable posting it because i'm not a party to the dispute.


I feel comfortable. Here are the filings: https://www.dropbox.com/...ESYAXEgHCcHFT6a?dl=0

Based on cursory review, the case against Blick looks a bit weak (except for this e-mail that he sent trying to sell Ventum's to customers or would-be customers that he knew from his Dimond days) and the case against Rapp looks strong (i.e. clear breach of contract).

Thanks for posting those. As for the case against Blick, I was a recipient of that email and it was purely an update on his personal situation. There is not even a hint of him suggesting that he'd want to sell me a Ventum. Over and above that, I have a lot of contact with Chris (he's crewed for me twice at Ultraman, and we both live in Boulder) and not once has he ever even hinted or even spoke of the idea of me ever riding a Ventum. So from my perspective I really hope that the Blick case just gets thrown out ASAP.

____________________________________

Are you ready to do an Ultraman? | How I calculate Ironman race fueling | Strength Training for Athletes |
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Slowman] [ In reply to ]
 
In order to get to the point of filing a lawsuit regardless of industry it is typically due to: money or personal. I think most people would agree that most individuals in business do not want to go down this path, but if they do..its because it becomes personal.

It would appear from the surface that there is no reason why there could not have been a mutually agreed break-up. If this is not about the money, than it is personal between Rappstar and TJ...
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Dark Mark] [ In reply to ]
 
Dark Mark wrote:
whoever you are.

Someone that routinely skips through your TRS segment.
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Mike Alexander] [ In reply to ]
 
Will it be his own words or those written and drafted by his lawyer?
 
Re: Dimond Is Suing Me. I'm Asking For Your Help. [Consultri] [ In reply to ]
 
Consultri wrote:
I agree the case against Jordan looks pretty strong. The contract doesn't give the athlete much recourse in terminating the agreement or arbitrating deficiencies in their obligations. It does clearly state that he would need to petition in Iowa to sever the agreement due to "not providing frames suitable for training and racing" which I'm guessing Jordan did not.

I wonder how Diamondback feels about this? What did Jordan tell them before he signed with them?

Yeah, while I question whether Dimond could prove $150k in damages (at least before this thread and the go fund me page were posted), it doesn't look good for Jordan to me in terms of whether or not he was in breach of contract. The only out he seems to have in the contract rests on the subjective word "suitable." And since he and Dimond seemed to be at odds about whether or not the bikes were suitable, the only path for Jordan to nullify the agreement was through litigation in Iowa. Why he chose to sign with Diamondback without doing that first, I don't know. I can speculate that, with the impending launch of the Andean, there was as window closing to get in on that sponsorship deal so he jumped, hoping Dimond would eventually release him.

I, too, wonder what Diamondback knew. And whether his contract with them is now somehow in jeopardy.

"They're made of latex, not nitroglycerin"
 

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