According to Wilson, Hurley claimed that if he did not agree to the payment delay, they “would face bankruptcy.”
If you happened to tune into the Tweed Coast Pro today (and weren’t dropped by the site), you may have noticed Julian Wilson’s ensemble was notably plain.
No Hurley striped wetsuit.
The nose of his stick devoid of any stickers for the first time in years.
Odd for a perennial CT’er.
Even more odd for the second best-looking surfer on the CT, just barely bested by Wade Carmichael (I like my men hairy.).
Earlier this month, Julian Wilson filed suit against Hurley International in California state court.
The complaint alleges that Hurley refused to pay Wilson $1.5 million that was owed “under a written endorsement agreement.”
Wilson alleges that “Hurley [sought] to profit from the worldwide health pandemic” by claiming that Wilson had breached his contract by not participating in surf contests that were cancelled due to COVID-19.
In 2014, the parties allegedly entered into a seven-year contract where Wilson granted Hurley the right to use his name and promised to wear Hurley branded apparel at contests, to promote Hurley on Wilson’s social media accounts, to participate in photo shoots, and to make personal promotional appearances.
In return, Wilson was apparently owed $1.5 million per year plus additional performance-based bonuses.
In December of 2019, Hurley was purchased by Bluestar Alliance, “a brand management company.”
Following the sale, Bluestar allegedly announced its intention to “shift” away from athlete sponsorships.
The complaint claims that “at the time . . . ‘Bluestar [was] reportedly looking for loopholes in contracts for even the most high-profile athletes to use as leverage to renegotiate terms.’”
Hurley did not renew several contracts that expired in 2019, including Rob Machado’s and Adrian Buchan’s.
John John Florence also left Hurley in early 2020.
According to the complaint, Hurley made several attempts in January and February of 2020 to “renegotiate or terminate Wilson’s Contract, claiming it was too expensive.”
In response to the global pandemic, Hurley allegedly asked to delay their 2020 quarterly payments to Wilson.
According to Wilson, Hurley claimed that if he did not agree to the payment delay, they “would face bankruptcy.”
Wilson claims that “as an accommodation to Hurley, and in honor of their long-standing professional relationship,” Wilson agreed to amend the contract, pushing back the date of his first payment to June 15, 2020.
The complaint alleges that at the time of the contract amendment, Hurley knew of the impending cancellation of several World Tour events.
In June, “Hurley again approached Wilson” and “[asked] to extend the final year of the Contract . . . over two years, instead of one.”
Hurley then allegedly threatened to withhold Wilson’s upcoming payment of $375,000 if Wilson did not agree to the new offer.
Wilson declined the offer, citing “Hurley’s increasingly toxic reputation in the professional surfing world,” but still expressed his willingness to continue to work with Hurley.
On June 15, 2020, Hurley allegedly failed to send Wilson his first payment.
The following day, Hurley apparently notified Wilson that they were terminating his contract as “Wilson had ‘ceased’ to compete.”
Wilson claims that he has still not been paid.
The contract apparently entitled Hurley to reduce Wilson’s compensation if he failed to compete in at least five World Tour events in a year.
The contract also allegedly did not contain a force majeure clause.
For those of you who do not subscribe to dead languages, a force majeure clause essentially frees both parties from obligations in the event of extraordinary circumstances, such as a global pandemic.
Hurley no longer lists Wilson as one of its team riders.
We likely won’t have answers any time soon, as America’s legal system isn’t exactly known for efficiency.
But it seems that surfing’s bubble has burst.
