CalorieLab has been in contact with Takeru Kobayashi’s publicists and has produced several posts about his contractual issues. In one post, explains Kobayashi’s grievances and contradicts the claim that the new contract is similar to previously signed documents:

He says that previous contracts only prohibited him from appearing in eating contests that weren’t sponsored by the MFE or its sister organization the International Federation of Competitive Eating without IFOCE permission. They did not prohibit Mr. Kobayashi from appearing in television or radio commercials or from appearing on television and radio shows.

Kobayashi also claims that the contract prohibits him from appearing on Japanese competitive eating television programs, which would explain his absence from “Gluttonous King” and similar shows. (There is no restriction on Japanese appearances. This was translated incorrectly.)

In another post, Kobayashi says he would be willing to compete tomorrow with no appearance fee if the exclusitivity requirement is also dropped.

update In the most recent post, Kobayashi describes his new immigration status after moving to New York City earlier this year.

He decided to try to obtain a visa on his own, and he took it upon himself to apply for and ultimately receive an O-1 visa. The IFOCE, in the form of George and Richard Shea, the publicists behind MLE and the IFOCE, didn’t take kindly to this development, since being Mr. Kobayashi’s visa sponsor had given them a considerable degree of control over Mr. Kobayashi’s U.S. activities. A free agent Kobayashi roaming around the United States, was worrisome. Thus the MLE’s more restrictive and hardline contract proposal to Mr. Kobayashi.

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Takeru Kobayashi recently posted a blog entry about declining to extend his IFOCE contract which has the English title “My freedom”. (automatically translated)

As long as the body, I thought I want to continue playing, in order to obtain a license in this league, you have to sign the contract situation is more severe than ever have.

You can not eat hot dogs in front of the media, they appeared on television without permission, you can not eat that early performances.

Kobayashi mentions visa issues play a role in his rejection of the contract.

(The blog is on Japanese time so the date is July 3)

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Kobayashi did an interview with the New York Daily News, where he says restriction from competing in in non-IFOCE contests is the reason why he is not extending his contract.

“They want complete control over me,” he told the Daily News. “I just want to compete and do what I love. They are trying to take away my freedom.”

Kobayashi says that he is training as if he will compete Sunday

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update The new poll asks what you think Kobayashi’s future in competitive eating will be.

ESPN Sportcenter recently announced that Takeru Kobayashi has failed to reach a contract agreement with Major League Eating and is not scheduled to appear in the July 4 contest. This will end his streak at 9 contests (6 victories) if he does not compete.

An official article has not been released. Use twitter search for “Kobayashi” if you need verification.

update Fanhouse has a blog entry raising the possibility that the contract dispute is a publicity stunt.

Deadspin has a blog entry with Richard Shea’s statement.

update #2 IFOCE.com has a post consisting solely of Richard Shea’s statement

update #3 The Wall Street Journal’s Metropolis blog has an entry noting that the MLE contract does not offer a guaranteed payout.

update #4 Kobayashi’s blog makes no mention of a contract dispute. The most recent entry (June 24) talks about received the book Tacky the Penguin from Crazy Legs Conti.

update #5 CSNBayArea has an interview with Joey Chestnut (link fixed, thanks gastroboy)

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Here is section 5 of the WLOCE contract according to Andrew “A-Bomb” Lane’s blog:

5. Entertainer is free to enter into this agreement and does not have any other agreement or obligation that would conflict with the provisions hereof. Entertainer understands that Entertainer is not an employee of WLOCE or any related party for any purpose and expressly waives any right to receive benefits accorded to the employees of WLOCE or any related party. This agreement contains the entire understanding between the parties, supersedes all prior understanding an agreements, whether written or oral and cannot be terminated, modified or any of it’s provisions waived except by a written instrument signed by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of applicable to contracts entered into and fully performed therein. Each of the parties irrevocably submits to the jurisdiction of any Georgia State or United States Federal Court sitting in Dekalb County, GA, in any action or proceeding arising out of or relating to this Agreement. WLOCE may freely assign this Agreement and it’s rights and obligations hereunder to any third party.

And here is the corresponding section in the new AICE contract according to Furious Pete (see also)

13. Performer is free to enter into this agreement and does not have any other agreement or obligation that would conflict with the provisions hereof. Performer understands that Performer is not an employee of ALL PRO EATING Promotions or any related party for any purpose and expressly waives any right to receive benefits accorded to the employees of ALL PRO EATING Promotions or any related party. This agreement contains the entire understanding between the parties, supersedes all prior understanding and agreements, whether written or oral and cannot be terminated, modified or any of it’s provisions waived except by a written instrument signed by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of applicable to contracts entered into and fully performed therein. Each of the parties irrevocably submits to the jurisdiction of any New York State or United States Federal Court sitting in New York County in any action or proceeding arising out of or relating to this Agreement. ALL PRO EATING Promotions may freely assign this Agreement and it’s rights and obligations hereunder to any third party

The it’s represent improper use of an apostrophe which should not be used in a possessive pronoun.

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(via email) The AICE rankings have been redone and “Furious” Pete Czerwinski is no longer listed. According to an email from Pete, no reason was provided for his delisting. Numerical rankings have also been dropped in place of a two-tier system. (Cached previous AICE rankings)

With the removal of Pete Czerwinkski, 3 (also Joe Menchetti & Ian Hickman) of the AICE top 5 at the start of 2009 no longer appear in the AICE rankings. Ian Hickman, winner of a cupcake contest Saturday, remains listed in the Hall of Fame.

update Furious Pete has started two forum threads on bodybuilding.com about his ejection (Thread 1 | Thread 2) which report that AICE contracts have started.

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With the qualifying session now over, the Go! Go! Curry! twitter reports that Dale Boone qualified for the final contest on May 30. His time placed him 5th overall. Don Lerman apparently retained the #4 position. The original #5 qualifier, Andris Zvargulis, attempted to beat Dale’s time but could not.

PMQ reports that Dale Boone will compete in the Brooklyn Pizza contest on May 31. The first prize for that contest will be $300.

It is rather hypocritical that the WLOCE contract prevents signees from doing non-WLOCE events while Dale Boone is free to do whatever non-WLOCE he wants.

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The new poll asks what you think the result would be if the IFOCE contract was challenged in court.

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The new poll asks how you think the restrictions in the IFOCE contract will change over time.

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This post is for the breakdown of the IFOCE contract by “Who Is OJ Rifkin?” which begins:

Let’s talk about the “lovely little contract” that these guys make you sign. I will be dedicating my next few postings to this issue. Of course those eaters who have sworn undying allegiance to MLE will dismiss or disregard this issue. For those of you who might care about things like ownership of your name and fair compensation may wish to read and comment on this issue. Perhaps the best way to proceed is to break it up in a few pieces and analyze what it really means. You may not like the author of this posting but realize this: I did not create this contract the Shea brothers did:

Here we go part 1 of the contract:

IFOCE
Membership Agreement

This agreement (The “Agreement”) is made and entered into this __________day of__________,
2004, by and between International Federation of Competitive Eating, Inc., with its principle offices
At 151 W. 25 street, 4th floor, New York NY 10001 (“IFOCE”), and ______________ an, individual residing at _________________(“Performer”) upon the following Terms and conditions.

1. The term of this agreement shall commence as of the date hereof and shall continue for a period of eighteen (18) months thereafter.

OK, so far so good…next part:

2. (a) Performer shall have official status of an “IFOCE Eater” during the term with eligibility to participate in IFOCE events. Performer recognizes the benefits of the eligibility and status of an IFOCE eater and in consideration of such benefits, performer agrees to participate solely and exclusively in organized competitive eating events, exhibitions and appearances of any kind in the media related to eating (collectively “Eating Events”) Which are sanctioned and approved by the IFOCE. Performer shall notify IFOCE in advance of competing or appearing in any eating events not sanctioned by the IFOCE and must obtain IFOCE’s prior in order to participate or appear. This approval maybe withheld in IFOCE’s sole judgement based on safety of such Eating Events, competition with other organizations or other conflict with the reasonable objectives of IFOCE.

LET’S TALK ABOUT THE SECTION ABOVE: WHAT DOES THIS MEAN AND IS THIS AN ETHICAL CONTRACT? If so why or why not?

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