When Fanatics sued Cardinals receiver Marvin Harrison Jr. for breach of contract in May, the complaint was heavily redacted — to the point that the terms of the alleged deal were unknown. The relevant information has now come to light.
Via Josh Weinfuss of ESPN.com, the alleged contract has been publicly revealed.
Under the alleged term sheet between Fanatics and Harrison, he was due to earn $1.05 million from April 1, 2024 through March 31, 2025, in exchange for game jerseys and more than 35,000 autographs.
Harrison continues to dispute the existence of a contract. The “binding term sheet,” however, provides that “each party acknowledges and agrees that . . . . it shall be legally bound by the terms and conditions of this Term Sheet.” That said, the term sheet also provides that the two sides will “work together in good faith to negotiate an agreement to combine, amend and restate” the deal “promptly” after signing of the term sheet.
There’s no evidence that a formal, full-blown contract was ever prepared and signed.
Whether the term sheet sufficiently binds the parties becomes the key question in the case, especially since in most jurisdictions the statute of frauds requires any contract that can’t be performed within one year to be reduced to a sufficient written agreement.
The deal was originally signed by Harrison on May 16, 2023. It had two phases — one from signing until March 31, 2024 and one from April 1, 2024 through March 31, 2026.
One key fact could be whether and to what extent Harrison complied with the terms of the contract after the signing of the bind sheet. In some situations, behavior consistent with the terms of a contract can ratify its terms.
Regardless of how the case plays out, it’s a bold move for Fanatics to sue a high-profile athlete. Future athletes could think twice about doing business with a company that, if push comes to shove, will drag them to court.
