Learn from #Yurigate & prevent summary proceedings as an entrepreneur

[jrineakter]

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Did you follow the summary proceedings concerning Yuri van Gelder? The entire session was broadcast on TV. We could hear exactly what the lawyers had to say. He lost the summary proceedings, but entrepreneurs can learn a lot from those summary proceedings. What could you do yourself to not lose such summary proceedings?

Was it agreed or not?
There was an agreement and a code of ethics . Neither of them mentioned anything about alcohol consumption or leaving the Olympic village. What rule had Yuri van Gelder broken that would have gotten him sent home? Yes, he had to behave like a good sportsman, but what is that? A good sportsman behaves according to the code of ethics . But he hadn't broken that? Is it common knowledge that Olympic athletes are not allowed to drink (too much) alcohol? You can eat at McDonald's in the Olympic village. Doesn't seem very healthy to me either? Russian athletes would be showered with drink and beautiful women with every victory, including when they qualified for the final. What is normal and what was agreed? Even the judge (paragraph 4.6) found that the agreements were not clear enough.

You can eat at McDonald's in the Olympic Village. Doesn't seem too healthy to me?

Assumptions
Because the agreements were so unclear, the judge makes all kinds of assumptions. The judge himself fills in what 'behaving as a good sportsman' should mean. The fact that even the lawyer of NOC*NSF reported that the rules are interpreted differently for each athlete and that one athlete can apparently do more than the other, is not addressed by the judge.

The problem with unclear afghanistan telegram number list agreements is that assumptions are made. These can be positive or negative, but in any case there is (legal) uncertainty.


The NOC*NSF contract has turned out to be a bit of a Swiss cheese contract. Too much compromise, perhaps. Many general terms, the meaning of which is unclear and which, if we are to believe lawyer Knijff of NOC*NSF, were interpreted slightly differently for each athlete. Yuri was apparently allowed less and was monitored more closely than other athletes (because of his past), but that was not apparent from his contract. This Swiss cheese has now worked to Yuri's disadvantage.

What do certain terms mean?
According to the judge, Yuri should have known what it means to behave as a good sportsman. According to the judge, a night out to celebrate your qualification for the final is not part of that. However, that is not so logical. Just like training the day after a match is not necessarily normal. Yuri says that he never trains the day after a match. He also picked up a teammate from the nightclub. Why would the teammate be allowed to go out until late and would it mean that Yuri is not behaving as a good sportsman? On Twitter I read that for the Russians a won or good match actually means that they are drinking and that for other athletes a victory drink is also part of it, even if there are other matches to be played later. Because of these general terms, Yuri was at the mercy of the judge. As an entrepreneur, you want to prevent that!

Do not hand yourself over to the judge
Of course you have to do business and work together in good faith. If entrepreneurs do not trust each other, you should not want to work together in my opinion. If you can trust each other, you can also draw up an agreement. But a Swiss cheese contract, in which much is still very openly or very generally formulated, under the guise of 'we'll sort that out later', is of no use to anyone. You enter into the contract precisely in case things go wrong. If the agreements are not clear, you are at the mercy of the judge. Valuable cheese, that contract.