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12th Man Foundation Lawsuit - Reseating

71,135 Views | 329 Replies | Last: 10 yr ago by Mega Lops
BMX Bandit
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Simple question:

We're they promised club level seats?
Gap
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quote:
Simple question:

We're they promised club level seats?
Simple answer = No
Personal Best
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quote:
quote:
All based on priority points and assigned seat selection times.


And there's the rub. Promises were made to the endowed ticket owners that didn't include those conditions.

Aggies should keep their promises, even if they now regret them.


If this were the standard, building a new stadium or making any wholesale changes would have been effectively barred at any point in the future. Forever.
FTA2015
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quote:
The seats they paid for back in the day NO LONGER exist! These jerks want the same latitude and longitude as their prior seats. They didn't pay for club seats but now they think they should get club seats for free because the club seats are the same latitude and longitude.

DING! DING! DING!

you were promised x seat for x amount of time, and you agreed

well, x seat no longer exists, so if you really wanted to gripe you should complain about getting a new stadium in the first place, you may be entitled to a small amount of money, but you sure as hell have no claim on any seat in the new stadium.

back of the line as they say.
FTA2015
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quote:
Point out where I'm whining. Point out where I've distorted the truth.

When the 12thMF changes the rules again don't be surprised . My PP level is plenty high and I have seats between the 30's. At least until they decide to reneg on their current offering......... It's inevitable with these guys
If your PP level is "plenty high" you dont have a problem, you get the seats that are available to you after the people ahead of you go. A lot of people are getting scooted down because the tip-top are adding seats to their current allotment. If the people suing had high PP they wouldn't be suing. (Or maybe they are a lot more shallow, shortsighted, and selfish than i give them credit)

They struck deals when college football wasn't even close to as profitable as it is now, which is why the deals they got seem absolutely ridiculous in today's world. After making these deals they didn't have to give money anymore, they gave their 30,000 and that was good for forty years. Meanwhile the good ags sat in worse seats, gave every year, built up their PP.

Now that we are getting a new stadium, and TMF says seating is all based on PP, the people who have essentially been cheating the system because of outdated contracts are getting shafted. Mind you had these people been donating all along their PP would be just as high, if not higher than everybody else's. No, they are mad because now they have to donate JUST LIKE EVERYBODY ELSE.

sorry that now the people who actually give the most get the most preferential seating. The fact that some of you defend this behavior on here is disgusting.
culdeus
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I'm one that is affected by this. My seats were insane. I never even for a second considered that with the tear down there would be any accommodation. Only in in a rehab where that side stayed. maybe.


Charlie Moran
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FTA you are really missing the point. The fact that the 12thMF can strike deals and establish point systems without fulfilling their obligations they previously agreed to is my main complaint. I'm not a party in the suits but am sympathetic to some of those people's complaints. They were not asked or solicited about how to resolve their status within the new Kyle. They were told that 40 unnamed endowed donors were contacted and a compromise was worked out with them for all donors.

Does that seem equitable ? It certainly isn't democratic. IMHO they currently are not doing that and their form of "compromise " was unilateral at best. Since it's unlikely to change just know that going forward their promises aren't worth even the paper they are printed on. Flame away I'm done.
FTA2015
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the recipients seats no longer exist, and they are only entitled to seats in the new stadium relative to their PP.

now, perhaps there is money left on the table. Take every season since they struck the deal and calculate the cost they WOULD have paid. id be willing to be a fair sum that the TMF did come out ahead on that one. the conplainers made their money back tenfold.
if you want to count their one time donation towards pp thats great, do that.

But they should be entitled to seats the same way you or i am, PP.

end

of

story


i do not understand why other people are trying to give them an advantage over everyone else, including themselves! their claim is ridiculous, and anybody that cries "its not fair" clearly doesnt grasp the meaning of irony
StrykerAg
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BlackGold
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quote:
You right no one is entitled to anything except what the other party freely offered and sold. If they think that the deal is no longer reasonable stop offering it ( check ) if they think they need to claw back what they already sold and promised then negotiate in good faith. To simply destroy the West side and then claim they can't offer that anymore so the deal is over is self serving and certainly not acting in good faith. Just MHO.

All I'm saying is that this is a precedent and should serve as a warning that going forward their word isn't binding


They didn't offer them Westside Prime Club in the deal years ago. If they want the seats, they need to pony up. I don't feel sorry for them one bit. I do feel embarrassed that they call themselves aggies when all they want is a perception (this is apparent).
cecil77
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That was not a defined term when the agreements were made. There's little question that the TMF motivation was to get out of the agreements...
BMX Bandit
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The motivation to build a new stadium was to get out of these agreements? Are you serious?

Likely an expected & desired side effect, but motivation for doing so? Please.
fredfredunderscorefred
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Hypo: If the TMF/other entity (school?) decided to tear down stadium and rebuild two years after the donations, would donors be able to have recourse?

The answer is the same then as now...
BMX Bandit
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Yes, they'd have recourse. Just as those in this lawsuit.

Getting seats in a club area when that was never part of the deal would not be the recourse.

fredfredunderscorefred
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I honestly don't know, bmx, without knowing what contract stated, which parties were in contract etc. BUT I'm inclined to think (based in what I've read in the threads on the topic) that the solution will be to have the donors' points put at a level which allows them to have the same seats.

BMX Bandit
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Based on the contracts that have been posted on this site, the "we get club seats" argument is a huge stretch.
MaysAggie2015
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The Blockers are wasting money and lawyers are making money. Surprised? Some people are never happy. The more money, the more they think lawsuits will bring said happiness.

I feel sorry for them not because of the fact they lost their seats, but the fact the whole 12th Man thinks they are arrogant and entitled.

Of the 100+ endowed donors I know, a handful (3-4) thought the deal was raw.

They were also the ones with the lowest PP total since they never gave back to the university after the esrly 80's.
JJxvi
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quote:
I honestly don't know, bmx, without knowing what contract stated, which parties were in contract etc. BUT I'm inclined to think (based in what I've read in the threads on the topic) that the solution will be to have the donors' points put at a level which allows them to have the same seats.


They would still have to pay the capital contribution and annual donation for west club seats. They don't want the priority points they want seats for free. Endowed donors already got to go first when picking a section, priority points is not the issue.
jtpegues
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When the TMF began trying to raise money to replace G. Rollie they used a lottery system in G. Rollie to assign seats to those that were willing to contribute a small annual payment per seat. We got seats behind the team and faithfully contributed and attended year after year while G. Rollie remained. We made good friends sitting in the area around us and enjoyed the experience. When the new facility opened, we were, in fact, offered the same seats in the new facility...for a price that we could not possibly afford. Had they told us up front that this would happen I would have gladly participated during those years and then taken the best seats I could afford when the move came...what angered me was that Aggies lied to me and intentionally deceived me into donating money then sold out to bigger donors when the time came...those donors would have never contributed while we were a horrible team playing in G Rollie. The athletic department went out of their way to take care of us because of our loyalty to men's and women's basketball and volleyball (same seats for all) and our new seats were excellent, right behind the opposing team bench, but the one year we continued to come, I would look down the court during the early games and my former seats would always be empty...that year the high paying donors came twice. Without seats near my friends it just wasn't the same...and so we gave up our seats and moved on. After all these years I have never gotten over the way the TMF treated us. Had they just been truthful up front I would have no complaint, but they were not then and they are not now...in general I side with the donors in this suit although some of their demands may be unreasonable, Aggies should keep their promises.
spanky
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Picking a section does not equal picking seats though. Do endoweds get to pick seats at beginning of selection also or will they be put in PP order within the selection like us lolpoors?
spanky
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...and wasn't the you can keep your seats if you pay the required donation standard verbage delivered to all donors, not just the endoweds? That deal was definitely not honored and applies to many more donors
Bonfire96
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Capitalism
spanky
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Charitable donations
Zman91
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Thanks for the update on your priority points and for letting us know that you are generous - hilarious!
KW02
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The issue is they do not just want the seats in the same area but that they want new the amenities as well.

They think they are entitled to the private Legacy Club on the club level.
cecil77
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quote:
The motivation to build a new stadium was to get out of these agreements? Are you serious?


Didn't say that, didn't intend to imply that. To me it is clear that the motivation of the TMF in dealing with the endowed donors was to end the arrangements. In other words, IMO the TMF was not at all interested in what the agreements had been, nor in adhering to them.
BMX Bandit
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Because the agreements don't say what you claim!

Why would 12th man be motivated to give something never offered or purchased??
Sq 17
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Most of the lawsuits IMO are not about seats but about parking
Back in the day all the endowed donors had parking places in the A lot
The TMF had poles with cables and plaques which were installed prior to every home game
Designating that spot was for that donor

The first lawsuit was filed over a donor getting bumped out of the A lot years before the
New kyle was even considered

Most of these donors are old and even though they might be well enough to attend a game
Losing their spot in the A lot for some donors means that attending a game is beyond their health limitations.

The tmf could solve the problem by running a dedicated shuttle from the new designated parking area for these donors right to the front of Kyle for these loyal and elderly supporters
Dobre casy
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The TMF offered them a credit of $2k/yr per seat to pick seats in any section, and they could select their seats before the PP selections started. Any higher $ sections and they would just pay the difference.

So for a pair of seats, that would be $4k/yr value...seems fair to me. The offended parties just want club access for free. Nevermind the fact that the club patrons will put up the offendeds lifetime donation every few years.
Sq 17
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What the TMF did as far as seating was quite fair and reasonable
Parking remains the issue
BQ_90
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You can get club level for $2500/yr. not the same as writing a one time check for 50k and it will take some time to reach the 50k mark.

Actually I think the first lawsuit started over parking, even before they announced Kyle was getting remodeled
Dobre casy
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They already have shuttles though right? Something tells me the sue-happy Ags aren't big shuttle-riding folk. Maybe the TMF could invest in a limo for these patrons?
Dobre casy
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quote:
You can get club level for $2500/yr. not the same as writing a one time check for 50k and it will take some time to reach the 50k mark.

Actually I think the first lawsuit started over parking, even before they announced Kyle was getting remodeled
Unfortunately, the $2,500 club seats don't have the same sight lines they're used to. They want better than that. But at $2,500/seat and 4 seats, it would only take a regular donor 5 years to hit your $50k mark. Less if you count the one-time costs.
BQ_90
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Yep based on contract below
SMM48
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