Fanatics has sued Cardinals receiver Marvin Harrison Jr., arguing that Harrison breached the terms of a binding term sheet signed in 2023. Harrison has responded to the claim.
According Darren Rovell of CLLCT.com (via Sports Business Daily), Harrison Jr. claims he’s not responsible because he didn’t personally sign the agreement with Fanatics.
In an affidavit filed in court, Harrison Jr. said this: “It is not an agreement between Fanatics and me. I was never requested to, nor did I ever, sign any document that personally obligated me to do anything concerning the ‘Binding Term Sheet.’”
His father, Hall of Famer Marvin Harrison Sr., said in his own affidavit that he signed the term sheet as an authorized representative of The Official Harrison Collection LLC, but that the deal didn’t legally bind his son.
The case will turn on the issue of authority. The law recognizes two types — actual and apparent authority. If the circumstances reasonably point to Harrison Sr. having the apparent authority to sign on behalf of his son, Harrison Jr. will be bound.
Then there’s the fact that the two sides apparently honored the terms of the deal for a year. Fanatics could argue, persuasively, that Harrison Jr. ratified the contract by performing pursuant to its terms.
Regardless, the whole thing is a mess. And it’s a high-stakes move for Fanatics to sue one of its athletes. That could make future athletes more leery to deal with the company — especially if Harrison Jr. can eventually escape responsibility.
Based on the information available so far, it seems like a tough argument for Harrison Jr. Especially since he apparently complied with the deal, and received the required payments, for a full year.