The Professional Softball Club, Inc. has prepared this report pursuant to the amateurism of collegiate athletes entering the ASBA Draft.
Softball players may declare for one professional draft during their tenure as a college athlete without losing their eligibility provided they are not drafted. The ASBA only invites players who have exhausted their eligibility or are in their final season as an amateur. The date of the ASBA Draft is always after the final collegiate postseason game, therefore, draft results have no impact on the player’s amateurism because they are no longer eligible for collegiate competition at the time of the draft.
Given the decentralized structure of softball operations in the ASBA and the highly competitive ecosystem intentionally created by the ASBA’s senior management; there is no guarantee, promise, or covenant that a player will be drafted or at any time be assigned to an active roster. Players receive no remuneration from the ASBA nor do they contract or agree to any ASBA procedure until they willfully report to their team after the ASBA Draft.
Players who declare for the ASBA Draft have the opportunity to do so only because they are the most elite players in their age cohort and it is possible that the general public may find a development of this nature to be noteworthy. Under such circumstances and with the consent of the player, the ASBA may engage in congratulatory advertisement of the player and use the player’s image and likeness while the player is still an amateur provided that no ASBA products or items appear in the image other than the ASBA’s name and trademarks.
Under federal law, the ASBA shall not be precluded from using an image in connection with congratulatory advertisement should a third party organization’s marks or logos appear in the image by happenstance provided that the third party organization is represented with wholesomeness.
Under federal law, right of privacy is not transferable, therefore, no person or organization has the right to impinge upon consensual use of likeness as related to public figures involved in noteworthy activity. The ASBA only uses the image or likeness of a player with the player’s consent and only uses the images made available by the player. Under no circumstance does the ASBA use any image of any player other than those images directly made available by the player.
The American Softball Association is a wholly owned subsidiary of The Professional Softball Club, Inc., a corporate entity domiciled in the State of New Jersey and subject to separate taxation of profits from its owners under subchapter C of the Internal Revenue Code. The Professional Softball Club, Inc. is a registered issuer of securities under Regulation D of the Jumpstart Our Business Startups Act which was signed into law by President Barack Obama on April 5, 2012. The filing can be found on the United States Securities and Exchange Commission’s Electronic Data Gathering, Analysis, and Retrieval database under CIK #: 0001720177. A player must make a monetary investment in The Professional Softball Club, Inc.’s Regulation D offering in order for her invitation to register for the ASBA Draft to be considered accepted. This activity results in the player becoming one of the owners of the corporation.
Equity shares of The Professional Softball Club, Inc. are available for public purchase regardless of reputation, ability in the market, income, credit history, net worth, race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, military status, or any other factor.
Given the nature of privately held securities, the current market value of The Professional Softball Club, Inc. is subject to speculation and may experience periods of extreme volatility.
In the interest of providing the strongest deterrent against defamatory statements and other organizational wrongdoing which may cause The Professional Softball Club, Inc. reputational and monetary losses, it is our policy to pursue legal action against individuals. Prosecution of an organization is not a substitute for the prosecution of culpable individuals within or without the organization. Because an organization can act only through individuals, imposition of individual criminal/civil liability will provide the strongest deterrent against future wrongdoing. No organizational resolution shall provide protection from liability for any individuals.