Bode Miller sues Head USA amid comeback

By Published On: September 17th, 2016Comments Off on Bode Miller sues Head USA amid comeback

American skiing legend Bode Miller filed a lawsuit against his former equipment sponsor, Head USA, in Los Angeles Federal Court on Monday. Although Miller severed ties with the brand before becoming an equity partner with Bomber Ski in 2015, the American is still obligated to compete on Head equipment due to a restriction in Miller’s termination agreement with the equipment manufacturer.

According to court documents, Miller agreed to not compete in a World Cup or World Championship race for two years from the date of signing of the termination agreement, which was April 30, 2015, according to the Daily Mail. Miller’s lawsuit asks the court to invalidate the restriction, allowing him to compete on skis made by Bomber.

Miller’s legal team argues that the restriction violates a section in the California Business and Professions Code that prohibits agreements which would prevent anyone “from engaging in a lawful profession, trade, or business of any kind.” In layman’s terms, Miller’s legal team is arguing that Head USA is preventing Miller from doing his job by dictating what equipment he can and can’t compete on.

Court documents filed by Miller say that this season is the “last real opportunity to competitively compete in the World Cup racing circuit and attract lucrative endorsements needed to provide for his family.”

The American signed his initial contract with Head on May 1, 2006, and amended it twice in 2007 and 2012. After suffering from several injuries during his career, including a season-ending injury in February 2015, Miller signed the termination agreement and looked for other work in the ski industry. His termination agreement with Head included surrendering future pay, Miller says in the complaint.

Back when the American joined Bomber, Miller said, he was no longer  in the public eye due to his retirement, and his “viability and marketability as a professional ski racer were rapidly dwindling,” according to Court House News.

Now, to “protect his family’s financial future” through endorsements and other earnings, Miller wants to compete in the 2016-2017 World Cup and World Championships.

In response, Head USA has threatened to counter-sue Miller and is reportedly demanding that Miller issue a public statement by Monday, Sept. 19, stating that he will not compete in the World Cup or World Championships this season unless he uses Head skis, according to a letter sent to Bomber by Head USA.

Miller hasn’t been seen on a race course since his hair-raising crash in the 2015 World Championships super-G in Beaver Creek, Colo. If Miller returns to the World Cup, he would be doing so at age 39 – an age that is well past most racer’s prime. Now that this dispute is officially in the court system, we can only hope for a resolution before the World Cup season opener in Soelden on Oct. 23.

POWDER and Outside Online were used as sources for this article

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About the Author: Sean Higgins

A Lake Tahoe native and University of Vermont graduate, Higgins was a member of the Catamounts' 2012 NCAA title winning squad and earned first team All-American honors in 2013. Prior to coming to Ski Racing Media, he coached U14s for the Squaw Valley Ski Team.