- 4 -
$5,000 - $10,000 70%
10,000 - 15,000 60
15,000 - 50,000 50
50,000 - 100,000 40
100,000 + 30
The 1990 through 1995 sponsorship agreements were signed,
respectively, on the following dates: May 1, 1990; January 3,
1991; January 4, 1992; December 30, 1992; January 5, 1994; and
December 29, 1994.2 The 1990 through 1994 sponsorship agreements
were virtually identical. The 1995 sponsorship agreement
incorporated the following additional change: "It is understood
that the word 'Earnings' as used in this contract[,] shall be
interpreted to mean 'Winnings from Golf Tournaments'". This
addition stems from a change in Constant's financial
circumstances. During 1992 through 1994, Constant had no source
of income independent of his golfing activity, and his disposable
funds came primarily from the sponsorship agreements. In 1995,
Constant accepted a paid position as a golf instructor with Golf
Digest. The 1995 sponsorship agreement stated that the parties
"clarified" the meaning of "earnings" as a result of Constant's
new employment position.
The sponsorship agreements did not impose any limits on
Dr. DeMattia's potential liability for Constant's expenses or
specify productivity goals for Constant, to include a tournament
participation requirement. Prior to entering into these
2 The 1996 sponsorship agreement is not in evidence.
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Last modified: May 25, 2011