contract issues: banned activities in sports contracts

Contract Issues: Banned Activities in

Sports Contracts

-by Richard Fajardo

Sports as a Reflection of Business, Society, and Life Achievement Economics Education Entertainment Survival Teamwork Temptation

U.S. Professional Team Sports 6 major leagues with Players’ Associations

and Collective Bargaining Agreements

Why banned activities? Performance

Health and Safety Unique skills Free agency

Free Agency

Flood v. Kuhn

Messersmith-McNally Arbitration

Article 16 of MLS CBA: “The Player and MLS acknowledge and agree that the Player’s participation in other sports or activities may impair or destroy his ability and skill as a soccer player. Accordingly, the Player agrees that he will not engage in sports or activities which constitute a substantial danger to his health or safety (including, but not limited to, American or Canadian football, boxing or wrestling,

Sample Contract Clause

motorcycling, moped-riding, auto racing, sky-diving, in-line skating, down-hill snow skiing, mountain biking, bicycle racing, mountain-rock climbing and rappelling, spelunking and hang-gliding); and that, except with the prior written consent of, or at the direction of, the Team or MLS, he will not (except for casual family activities) engage in any game or exhibition of basketball, football, baseball, softball,

Sample Contract Clause

Sample Contract Clause tennis, volleyball, hockey, lacrosse, beach

soccer or other athletic sport, under penalty of such fine and/or suspension as may be imposed by the Team or MLS. Failure by MLS or the Team to object to a Player’s participation in other athletic sports will not constitute implied consent to future participation in such activities. Nothing contained herein shall be intended to require the Player to obtain the written

Sample Contract Clause consent of the Team or MLS in order to

enable the Player to participate, as an amateur, in the sport of golf, swimming or hiking (not including ice climbing or other hiking requiring crampons or other special equipment).”

BREAKING NEWS! Ron Gant injured in motorcycle accident Jeff Kent’s alleged car wash accident linked to

motorcycle Rodman ditches Jordan for Hollywood Hulk

Hogan in rematch with Karl Malone David Beckham to fly back to England to honor

commitment to national team Yao hustling to recover in time for Olympics David West practices boxing during offseason?

BREAKING NEWS! Titans request restraining order to keep “Pacman”

Jones out of the wrestling ring T. O. calls timeout, asks for permission to play in

NBA Summer League Out for the season, injured Uwe Krupp spotted

dogsledding several times Lance Berkman injured playing flag football Is exhaustion to blame for playoff struggles of

Steve Nash?

BREAKING NEWS! Jay Williams may have traded career for a few

motorcycle rides Winslow, Roethlisberger share the same pain New starting point guard Ellis suffers injured ankle

in moped accident, not pickup basketball game Tony Gonzalez playing for Miami Heat in NBA

Summer League A-Rod joins Yankees after Aaron Boone tears

ACL on a basketball court

BREAKING NEWS! Radmanovic lied about snowboarding injury, said

he was hurt falling on ice while walking Should MLB follow the lead of other sports

leagues in sending top-level pros to Olympics? Despite Lithuanian petition, Cavs deny Z his

Olympic dream Johnny Damon spotted at wrestling event Should Ginobili sit out Argentina’s medal

defense?

Playing Another Sport Aaron Boone

Playing Another Sport Aaron Boone

Baseball player playing basketball New York Yankees, 2003-2004 ‘No Basketball’ Clause, team specific

Professional Wrestling Adam “Pacman” Jones

Professional Wrestling Adam “Pacman” Jones

Football player wanting to professionally wrestle Tennessee Titans, 2007 Under league suspension Standard “Other Activities” Clause, league-wide

“The Motorcycle Clause” Jay Williams

“The Motorcycle Clause” Jay Williams

Basketball player riding a motorcycle Chicago Bulls, 2003 Standard “Other Athletic Activities” Clause,

league-wide

“The Motorcycle Clause” Other recent motorcycling accidents

include: Kellen Winslow Jr. Ben Roethlisberger

“The Motorcycle Clause” Terry Bradshaw, to Ben Roethlisberger

after Winslow’s accident:

“Ride it when you retire.”

“The Motorcycle Clause” Phil Savage after Ben Roethlisberger’s

accident:

“I wish all our players liked board games or low-risk

hobbies.”

“The Motorcycle Clause”

“The Motorcycle Clause”

Banned Activities Clauses Not a new phenomenon In the signed contract Standards negotiated by players’

associations Player specific examples

Ethical Issues Freedom/right to live Pursuing dreams and taking on honors Consistency vs. leniency and favoritism Players’ duty to perform Teams’ (employers) obligation of helping

players’ (employees)

Any questions?