anubisza said:
The paying back of 5x salary is just ridiculous. Have any banned riders paid anything back yet?...
Recent report (maybe CYclingnews.com) said no riders (Vino, example) had paid salary penalties back to UCI or whomever it was after having been caught doping after signing anti-doping clause.
Bigger question for me is what is it with the tendency of Katusha (then Tinkoff) to force contract re-writes mid-season? It is utter crap the way that teams preemptively throw their riders to the wolves with these crazy "pay back 5x your salary if you get caught doping" clauses, without ever stipulating any kind of penalties for team management or support people, doctors, riders' wives or whatever.
If one signs such a clause, would it even be legally-enforcable in the EU? What would happen if you were the one unlucky ******* who did suffer a false positive and you'd agreed to the payback clause? Would Katusha's Russian Mafioso (err, I mean Sponsors/management) come collecting? Why would you sign such an agreement given that there is always always always the chance - however remote - of a false positive, and almost no hope of defending against one (an FP)? Would you only sign b/c your lawyers had told you that the clause was not enforcable?
Where are the lawyers out there? Isn't there something about "Unconscionable-ness" of a term of a contract rendering it unenforcable becuase the terms are so onerous, and one party (the rider) lacks the bargaining power to resist the unfair term?