Did Pro Golf Play Inbounds?

Thursday, September 28, 2017

Did Gary Player Turn a Blind Eye to Justice?

Did Gary Player Turn a Blind Eye to Justice?

(Please note: This blog includes two stories--one on the Gary Player Group and the other on who originated the concept of The First Tee--that document the challenges Inbounds has encountered. Please read both of them as your feedback is appreciated.)

Gary Player, Marc Player, and the Gary Player Group (GPG) may have turned a blind eye to justice. The following summary describes how Gary Player signed prints to help raise money for charity. He then allowed his company, the Gary Player Group, managed and operated by his son Marc Player, to force the prints off Ebay, feasibly spending more in legal fees than the prints were worth. Despite several attempts to avoid legal issues, neither Gary, Marc, nor anyone within the GPG took action to amicably remedy this situation once they were made fully aware of the circumstances.

In October 1993, Gary Player individually hand-signed and gifted to my organization, Inbounds, Inc., 250 prints of his likeness. Inbounds designed and paid for these limited-edition prints which bore our trademarked slogan "Play Your Game, Live Your Life Inbounds" next to the likeness of Gary Player. Mr. Player knew that the prints were to be owned exclusively by Inbounds, Inc. and were to be sold to help raise fu nds to support our program that taught golf and character core values to youth.

My name is Donald L. Simons, and I am the President of Inbounds, Inc. Due to significant health challenges and efforts to get my kids through college, I brought the sale of these prints to a halt in 1995. I decided to put Inbounds’ initiatives on hold until I fully recovered and saw each of my three children graduate college. Sadly, my beloved wife passed away during this period, which took my attentions from Inbounds, Inc. as well.

In October 2007, in good faith and high spirit, I sent a letter and signed print #72 to Gary Player in recognition of his 72^nd birthday, November 1, 2007. I had retired from my primary job as a special education/physical education teacher for incarcerated, at-risk youth in 2006, and was moving forward with Inbounds' mission of character enhancement for youth & families. In the letter to Gary, I thanked him for his past support and wished him well in his upcoming feat to break Arnold Palmer’s record of the most appearances at the Masters in April 2008.

Almost immediately I was invited by Debbie Longnecker of the Gary Player Group to come to their North Palm Beach, Florida headquarters. I thought the purpose for the invitation was to discuss the prints and the possibility of the GPG purchasing a couple dozen of them. I soon realized that they wanted to find a way to get my prints off the market. When Gary Player signed the prints in 1993, the GPG did not exist. Now, evidently my prints were in competition with their brand control initiatives.

I met David Farrell, their archives specialist. He took issue with the authenticity of the prints and claimed he knew everything historical regarding Mr. Player. I explained my history and involvement with him in the late 80's through mid 90's. He continued to question the legitimacy of the prints. I then showed him the picture of Gary helping me sell the prints in July 1994. His mouth dropped and said, “I see this is both of you.” He then said he would have to ask his boss Marc Player (Gary’s son) if they had any interest in the purchase. As a good-faith gesture, I offered them at $80-$100, when they were worth a lot more. (During a November 2011 deposition of Marc Player, we found out he receives $375 for the signature alone of Gary Player.)

Upon my return home I received a letter demanding that I cease and desist the sale of the prints, stating I had no rights to them nor the sale of them. This letter contradicts Marc Player's deposition statement that no one knew about Inbounds, Inc. prior to the legal claim.

Later, in a legal deposition, Marc Player stated that the prints were authentic.

Inbounds, Inc. hired a company called “iSold It” to sell the prints on Ebay. The prints had certificates of authenticity and the listing noted Inbounds as the owner of the prints. In February 2009, the GPG blocked the sale of the prints that were listed on Ebay, claiming that sale of the prints was illegal and that the prints were misappropriations. They threatened legal action if all prints were not sent back to them. iSold It received a demand from Ebay to take the prints off, so complied.

Inbounds spent approximately $10,000 in legal fees trying to work things out with the GPG. We were trying to keep the case out of court. Our lawyer, Mr. Larry Jordan of the Jaffe Law Firm, made a clear case with the GPG lawyer that the prints were the intellectual property of Inbounds and were never misappropriated. We then asked the GPG to pay reasonable compensation for legal fees and to consider purchasing some of the prints to help Inbounds’ efforts. The GPG stated we would need to take them to court if we wanted compensation. Later, in a deposition, Garnette Brown of the GPG stated that they failed to investigate the authenticity of the Inbounds’ prints. “…this (dispute about the Ebay listing) would have never happened if she (the person who sent the threatening email) had known or done the research.”

Inbounds could no longer afford legal fees, so the esteemed law firm of Pepper Hamilton decided to take our case pro bono. They filed a claim in circuit court in December 2010, which was later transferred to federal court at the request of the GPG lawyers. After months of discovery and laborious investigation, Pepper Hamilton filed a claim in federal court in January 2012, citing “tortious interference and injurious falsehoods claims” by the GPG against Inbounds. Three-plus years, two law firms and seven lawyers later, roughly 24 hours prior to oral arguments set for April 19, 2012, Judge Sean F. Cox stated he would give an opinion order based solely on the submitted briefs from both plaintiff and defendant law firms.

Judge Cox ruled against Inbounds. Since Inbounds’ esteemed lawyers did not get to argue our case in person before the court and we cannot afford an appeal, we now seek the court of public opinion. The information presented in this blog is within the briefs submitted by the law firm of Pepper Hamilton.

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Questions:

Why didn’t Gary Player step in and tell his son Marc to stop harassing Inbounds? Especially when Jim Applegate hand-delivered a letter from Inbounds, Inc. to Gary, asking him to settle the matter to avoid a legal process. The Jaffe Law Firm provided legal intellectual property documentation, which was also handed to Gary personally by Jim Applegate, and Jim discussed the issue with Gary in February, 2010. Further, in Marc Player's deposition, he acknowledged that his father did recall signing his likeness prints.

Do you think a major law firm would take a case pro bono if they didn’t have a clear-cut claim?

Why did the Gary Player Group spend so much on legal fees to prevent a charitable group from raising funds?

Why did Marc Player still insist that Inbounds had no right to sell the prints even after admitting their authenticity and ownership by Inbounds?

Once Marc Player admitted the prints were authentic, why didn't he settle out of court? Why didn't he offer the market value of the prints and buy them up himself if he was concerned about someone else selling them?

Why didn't Gary Player step up to say he'd signed the prints for charity?

Why did the judge state that Gary Player is “a famous professional golfer”? Does this show partiality?

Why did Marc Player say the GPG had never heard of Inbounds, when we have letters from them dating back to 2007? Why did the judge not address how the GPG said they never heard of Inbounds, when clearly they did?

Isn't it ironic that Gary Player supported projects like Inbounds, but his company then went after this project by demanding the prints be taken off E-bay?

What I would like to see happen:

1. A letter from the Gary Player Group that they will not interfere with the sale of the prints in the future.

2. I want Gary Player to be made fully aware of what he could have prevented, but that instead a lawsuit occurred that crushed a small, non-profit corporation.

Again, our humble thanks for your time in reviewing the contents of our story. We encourage your feedback. Please feel free to post responses to the blog or send comments to inboundsinc.info16@gmail.com.

Read more of the court documents: Summary of arguments; Response brief in opposition; Counter-statement of disputed facts; Court claim of Gary Player's support; Court briefs; Motion for summary judgment.

Click here to see a video of Inbounds, Inc.'s founders discussing a related story, how The First Tee may have based their program on Inbounds' innovative concepts.

Gary Player & Don Simons Doing a Good Deed

Click here to read "Did Gary Player Turn a Blind Eye to Justice?"

Wednesday, September 27, 2017

First Tee

Click here to see three 2-minute videos about Inbounds and The First Tee.

video one video two video three

Click here to read "Was The First Tee Conceived Inbounds?"

Thursday, July 28, 2016

Was The First Tee Conceived Inbounds?

Introduction

Please Note: This blog contains two stories, one on who possibly originated the concept of The First Tee and one on the Gary Player Group. Please scroll down to read both of them, as your feedback is appreciated.

Click the following links ( video one; video two; video three) to see three 2-minute videos of Inbounds, Inc.'s founding partners discussing how The First Tee may have based their program on Inbounds' visionary concepts.

Inbounds, Inc. is a small nonprofit corporation that delivered services to at-risk youth. Inbounds developed programs to teach character core values to underprivileged kids through the game of golf. Inbounds presented its programs to several professional golf organizations in the late 1980s and early 1990s. Later, these golf organizations started a program called the The First Tee. It seemed very similar to Inbounds. In a related story, famed golfer Gary Player signed and gifted prints to Inbounds for a fundraising project. Unexpectedly, the Gary Player Group later forced these prints off Ebay, stating they were misappropriated. Despite legal counsel of the Jaffe Law Firm confirming that the prints were the intellectual property of Inbounds, Inc. the GPG forced Inbounds to file a claim.

The purpose of our blog "Did Pro Golf Play Inbounds?" is to seek the court of public opinion regarding these two issues. We have pursued collaborative and legal means to no avail. We feel our story needs to be told. We also seek an investigative journalist or other investigative sources. We hope to encourage a civil discussion. We, Don Simons and Jim Nicholson of Inbounds, Inc. are sharing our experiences and views of what we and many other perceive as unfortunate questionable outcomes. We welcome your opinion on the contents within the blogs.

We have taken focused steps not to attack or do harm towards any individual or organization. We have not intentionally been reckless in our written commentary or words spoken within our videos. The pictures posted are to show the unique level of affiliation and contacts we had within the Golf industry. They are not intended to imply any specific person as being guilty or having committed a misdeed.

Our written concerns, inquires and responses back from The First Tee lacked clarity. Also, we believe the court's decision in Inbounds Inc's legal claim against the Gary Player Group did not reflect the substantive evidence presented by the esteemed lawyers of the Pepper Hamilton law firm. Since all avenues seeking the truth were shut down, nor could we afford an appeal process and possible court costs, we felt compelled to seek others' help. We respect the legal system but our claim against the GPG was denied oral arguments, though viewed valid by seven lawyers within two highly esteemed law firms. This was after months of discovery, hundreds of pages of briefs filed and thousands of dollars.

We are now retired. Mr. Nicholson has been a deacon in the church for almost 30 years. We were teachers of character qualities to youth for a combined 80-plus years. We taught the importance of integrity, honesty, and good sportsmanship along with perseverance. Thus, we wondered how could we have encouraged hundreds of youth to live by these principles, but turn a blind eye when Inbounds was faced with what possibly may have been a wrong-doing.

We thank you for your time and encourage your feedback. Please feel free to post responses to the blog or send comments to inboundsincinfo16@gmail.com. Inbounds, Inc. would like to thank the numerous persons who have supported Inbounds and the development of our blog!

Was The First Tee Conceived Inbounds?

We believe that some of the founding partners of the widely acclaimed program “The First Tee” may have based their program on Inbounds Inc.'s visionary concept. Inbounds' program teaches golf and life skills in harmony with character core-values to youth. The fundamentals of The First Tee are character values, yet we feel it may have grown out of unethical conduct. We created this blog with facts and documents that show the highest probability that support this claim. We are seeking an investigative firm, journalist/news media or individuals to explore our story. A collaboration of investigative journalists may provide the resources to uncover the story. More importantly, perhaps it will expose, give credit to, and answer the question: “Who was the originator of The First Tee concept?”

The First Tee claims that they formulated their program and had no knowledge about Inbounds. However, two respected newspapers, The Detroit Free Press and The Michigan Chronicle, have written articles that contradict The First Tee’s claims: Free Press Article, August 8, 2008, “First Tee’s Character Called into Question;” Michigan Chronicle Article, December 2-6, 2008: “First Tee: Who Developed Youth Golf Program?”

I, Donald L. Simons, am the founder and President of Inbounds, Inc., a non-profit organization that focused on character development for primarily, but not limited to, at-risk youth. I've been asked by a few who don't know me well as to why I do not let this issue go. I not only taught to youth the core values that are incorporated by The First Tee, but my lessons also discussed the value of having the courage to step up to the tee box and hit your first drive. Further, you should step up in school and ask questions to gain knowledge, as well as stand up to do the right thing. Another core value Inbounds taught was perseverance. Persevering to stay the course is not an easy journey for anyone. I strive to “Play my game and Live my life Inbounds.”

In 1988 and 1989, my partner Jim Nicholson and I presented our program to Selina Johnson’s Hollywood Golf in Detroit. I had served as a consultant to incorporate some of Inbounds’ concepts into her program. Hollywood Golf and Selina Johnson were then the recipient of the prestigious Card Walker award, one of the highest awards in golf, given by the PGA Tour. Other recipients have been Tom Watson, Jack Nicklaus and Bill Dickey. She and I attended the award program in Lacosta, California in January, 1989. There I met Tim Finchem, current Commissioner of the PGA Tour, and other top-level PGA executives.

In the summer of 1989 we presented “The Sand Traps of Life” to the National Academy of Junior Golfers, a program within the PGA of America. Our program taught character-core-values and life skills. We presented this in good faith, without the knowledge that we should have had a confidentiality agreement which would have protected our concepts.

Subsequently we had about a dozen contacts—in-person meetings, letters and phone calls—with top PGA executives, including Greg Shreaves, then Director of Junior Golf, Joe Steranka, later CEO of the PGA of America, and Mike Peterson, then Manager of Junior Golf. (We have an audio tape of conversations with Mike Peterson and Joe Steranka, that we can make available.) These contacts carried an implied contract that Inbounds would work with the PGA to develop a national youth program implementing our concepts. Mike Peterson wrote, “(Inbounds’) proposed four levels of involvement certainly address many of our need areas…I will be back in touch with you after our Academy plans are finalized and then we can discuss further how we might work together.” Greg Shreaves wrote, “We're hopeful that there are ways in which Inbounds and the PGA can continue to work together.” Shreaves also wrote, “…one thing we could possibly consider is to allow the two of you to travel on behalf of the PGA promoting ‘teachable moments’ with character-building concepts.” One of the senior executives in the PGA of America, I can’t remember who, asked me if I’d leave Inbounds, Inc. to work for the PGA.

Inbounds and the PGA of America corresponded between 1989 and 1994, after which I (Donald Simons) was hospitalized with life-threatening blood clots and had to take a leave from Inbounds. The First Tee was founded in 1997 and its mission was to bring the game of golf with its character-building values to children who might not normally be exposed to the game. This is what I had shared with the golf executives. I told them that they had an image problem and they needed to bring more diverse youth into the game. One senior executive of the PGA told me they could not afford to do a national program of this scale. I told them they could not afford not to, because of their image, and suggested they join with other organizations within the golf industry. This would enhance the entire golf industry. The PGA of America is now listed as one of the founding partners of The First Tee, along with four other golf associations.

In November 2006, I visited the World Golf Hall of Fame. I also visited The First Tee national headquarters and discovered that their booklet mirrored in detail Inbounds, Inc.'s program of working with youth. The First Tee’s phrases, “Golf is More than a Game,” and “teachable moments,” were exact phrases from Inbounds’ program, which we had used in our presentations to the PGA of America and others. Their flyer shows a youth playing out of a sand trap, and the message being sent is extremely similar to Inbounds’ flyer and presentation "The Sand Traps of Life." Please view and read the comparison.

I asked to speak to Mr. Joe Louis Barrow, CEO of The First Tee, and told him that it appeared that The First Tee had used my concepts. He evaded this issue, and deflected by asking me if I had a PGA card.

In December 2007, Inbounds had an attorney write to Mr. Joe Steranka, CEO of the PGA of America. We received a response from Helen Atter, VP of Legal and Business Affairs of the World Golf Foundation, denying Inbounds’ claim that we were the originator of The First Tee concept. We believe the response fell short and obfuscated the evidence we presented.

Jim Applegate, former President of the Michigan PGA and former President of the Gary Player Design Group, wrote a letter to Joe Steranka on behalf of Inbounds, Inc. in April 2007. Jim wrote, “I recall that Don (President of Inbounds) conducted pilot programs for the PGA…held under the guidance and direction of both Greg Shreaves and Mike Peterson…Don was stunned to see what The First Tee has developed into and believes that the program has incorporated many of his concepts, outlines and methods…I do think Don may have been wrongly treated…”

In early 2007, I spoke with Bill Dickey, a friend of mine who was in the same field of helping youth through golf. He stated that he agreed with me about the similarities between The First Tee and Inbounds, and said he would testify to that. Unfortunately, Bill passed away in October 2012. I am still in contact with his widow, Alice, who sent me his memorial brochure, which states, “Bill Dickey was the only individual to receive all three of golf's highest honors from the USGA, the PGA Tour, and the PGA of America.”

Inbounds, Inc. is not claiming anyone or all persons identified in documents or photos shown in this blog reflect their direct development in The First Tee program. Nor are they necessarily the people who breached the implied contract information as evidenced in talks and written documents. As I told The Michigan Chronicle, “I feel like my visionary concept and legacy has born fruit. However, I feel like a parent that has been excluded from the maturation process of its child.”

Inbounds, Inc. explored the possibility of legal action in February 2009 against The First Tee through the Jaffe Law Firm. However, in an ironic twist, that same month the Gary Player Group came after Inbounds for selling prints that Gary Player himself had signed. Gary Player lent his support to our mission, with the expressed purpose of helping us raise funds for primarily at-risk children. However, he ultimately abandoned Inbounds in that same mission by not intervening to stop the Gary Player Group from restricting Inbounds’ sale of prints. The Gary Player Group spent thousands of dollars to legally fight the sale of prints, which would have raised money for Inbounds’ charitable work, instead of simply allowing Inbounds to sell its own trademarked product.

Was it a coincidence that the Gary Player Group interfered with our business the same month that we began legal action against The First Tee?

(Please read our second blog, “Did Gary Player Turn a Blind Eye to Justice?” for further details about the Gary Player case.)

We did not have the resources to pursue both the Gary Player Group and The First Tee issues. We elected to file a claim of tortious interference against the Gary Player Group. Our claim was supported by two law firms and seven lawyers. Please see our blog regarding the Gary Player Group. Since we were unable to go to court against The First Tee, we are pursuing the court of public opinion and a media investigation.

We would like The First Tee to acknowledge that Inbounds, Inc. was the first to conceive and deliver the concepts to youth. We taught the concepts at the State of Michigan Maxey Boys School for incarcerated youth, Boys & Girls Club of Ypsilanti, Michigan, Hollywood Golf of Detroit, Michigan, and gave presentations to the PGA of America and other professional venues within the USA's golf industry, long before The First Tee was established. We presented Inbounds’ concepts at Oglebay Resort in Wheeling, West Virginia, at a national golf conference in the early 1990s. I have a list of those in attendance—there were likely 70 to 100 attendees of management status.

Maybe credit could come within The First Tee Manuals. These manuals list five founding partners. We feel if The First Tee has integrity, it will underscore Inbounds, Inc. or Donald Simons, President of Inbounds, Inc. as its visionary concept founder.

We have toiled years to seek and expose what we suspect as a copying of our concepts. We ran out of all avenues to receive closure and were reluctant because we did not want to do harm to the great service The First Tee is rendering to youth. Our last resort is to seek the court of public opinion. Therefore, you can decide for yourself who was the originator of the concepts used by The First Tee.

Inbounds’ slogan is “Play your game; live your life inbounds.” We think The First Tee was conceived out of bounds.

What do you think?

We thank you for your time and encourage your feedback. Please feel free to post responses to the blog or send comments to inboundsinc.info16@gmail.com.