SlideShare a Scribd company logo
1 of 27
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?

More Related Content

What's hot

Sociology of sport
Sociology of sportSociology of sport
Sociology of sport
detjen
 
Effects of professional athletes’ demanding lives pp
Effects of professional athletes’ demanding lives ppEffects of professional athletes’ demanding lives pp
Effects of professional athletes’ demanding lives pp
LexiMcFarland
 
Topic research violence in videogames
Topic research violence in videogamesTopic research violence in videogames
Topic research violence in videogames
baldeep17_
 
But You? You Are a Disappointment to Us
But You? You Are a Disappointment to UsBut You? You Are a Disappointment to Us
But You? You Are a Disappointment to Us
Scott Rains
 
Koos- When sports stars speak up, people listen
Koos- When sports stars speak up, people listenKoos- When sports stars speak up, people listen
Koos- When sports stars speak up, people listen
Torin Koos
 
Unit 1 sociology of sport
Unit 1 sociology of sportUnit 1 sociology of sport
Unit 1 sociology of sport
detjen
 

What's hot (20)

Etreme sports
Etreme sportsEtreme sports
Etreme sports
 
5 UFC Fighters Accused of Doping
5 UFC Fighters Accused of Doping5 UFC Fighters Accused of Doping
5 UFC Fighters Accused of Doping
 
Three bankruptcy cases in sports franchises
Three bankruptcy cases in sports franchisesThree bankruptcy cases in sports franchises
Three bankruptcy cases in sports franchises
 
Etreme sports
Etreme sportsEtreme sports
Etreme sports
 
Lords of the Ring | Fox News
Lords of the Ring | Fox NewsLords of the Ring | Fox News
Lords of the Ring | Fox News
 
Michael Phelps To Testify Before Congressional Sub-Committee
Michael Phelps To Testify Before Congressional Sub-CommitteeMichael Phelps To Testify Before Congressional Sub-Committee
Michael Phelps To Testify Before Congressional Sub-Committee
 
Presentazionemoto
PresentazionemotoPresentazionemoto
Presentazionemoto
 
Phelps Urges Lawmakers To Push For Anti-Doping Reform
Phelps Urges Lawmakers To Push For Anti-Doping ReformPhelps Urges Lawmakers To Push For Anti-Doping Reform
Phelps Urges Lawmakers To Push For Anti-Doping Reform
 
Michael Griffin Thesis II Final Presentation
Michael Griffin Thesis II Final PresentationMichael Griffin Thesis II Final Presentation
Michael Griffin Thesis II Final Presentation
 
Sociology of sport
Sociology of sportSociology of sport
Sociology of sport
 
UFC Presentation
UFC PresentationUFC Presentation
UFC Presentation
 
Effects of professional athletes’ demanding lives pp
Effects of professional athletes’ demanding lives ppEffects of professional athletes’ demanding lives pp
Effects of professional athletes’ demanding lives pp
 
Larry Holmes PowerPoint Presentation
Larry Holmes PowerPoint PresentationLarry Holmes PowerPoint Presentation
Larry Holmes PowerPoint Presentation
 
Topic research violence in videogames
Topic research violence in videogamesTopic research violence in videogames
Topic research violence in videogames
 
But You? You Are a Disappointment to Us
But You? You Are a Disappointment to UsBut You? You Are a Disappointment to Us
But You? You Are a Disappointment to Us
 
TEAM Coalition - Techniques for Effective Alcohol Management - February 2008 ...
TEAM Coalition - Techniques for Effective Alcohol Management - February 2008 ...TEAM Coalition - Techniques for Effective Alcohol Management - February 2008 ...
TEAM Coalition - Techniques for Effective Alcohol Management - February 2008 ...
 
Koos- When sports stars speak up, people listen
Koos- When sports stars speak up, people listenKoos- When sports stars speak up, people listen
Koos- When sports stars speak up, people listen
 
Unit 1 sociology of sport
Unit 1 sociology of sportUnit 1 sociology of sport
Unit 1 sociology of sport
 
Week 4 six pack
Week 4 six packWeek 4 six pack
Week 4 six pack
 
Endurance Zone Overview
Endurance Zone OverviewEndurance Zone Overview
Endurance Zone Overview
 

Recently uploaded

一比一原版(Columbia毕业证书)哥伦比亚大学毕业证原件一模一样
一比一原版(Columbia毕业证书)哥伦比亚大学毕业证原件一模一样一比一原版(Columbia毕业证书)哥伦比亚大学毕业证原件一模一样
一比一原版(Columbia毕业证书)哥伦比亚大学毕业证原件一模一样
doypbe
 
一比一原版伦敦南岸大学毕业证如何办理
一比一原版伦敦南岸大学毕业证如何办理一比一原版伦敦南岸大学毕业证如何办理
一比一原版伦敦南岸大学毕业证如何办理
Airst S
 
一比一原版(BCU毕业证书)伯明翰城市大学毕业证成绩单原件一模一样
一比一原版(BCU毕业证书)伯明翰城市大学毕业证成绩单原件一模一样一比一原版(BCU毕业证书)伯明翰城市大学毕业证成绩单原件一模一样
一比一原版(BCU毕业证书)伯明翰城市大学毕业证成绩单原件一模一样
mefyqyn
 
一比一原版悉尼科技大学毕业证如何办理
一比一原版悉尼科技大学毕业证如何办理一比一原版悉尼科技大学毕业证如何办理
一比一原版悉尼科技大学毕业证如何办理
e9733fc35af6
 
Types of Agricultural markets LLB- SEM I
Types of Agricultural markets LLB- SEM ITypes of Agricultural markets LLB- SEM I
Types of Agricultural markets LLB- SEM I
yogita9398
 
一比一原版(UC Davis毕业证书)加州大学戴维斯分校毕业证原件一模一样
一比一原版(UC Davis毕业证书)加州大学戴维斯分校毕业证原件一模一样一比一原版(UC Davis毕业证书)加州大学戴维斯分校毕业证原件一模一样
一比一原版(UC Davis毕业证书)加州大学戴维斯分校毕业证原件一模一样
doypbe
 
一比一原版(UNSW毕业证书)新南威尔士大学毕业证如何办理
一比一原版(UNSW毕业证书)新南威尔士大学毕业证如何办理一比一原版(UNSW毕业证书)新南威尔士大学毕业证如何办理
一比一原版(UNSW毕业证书)新南威尔士大学毕业证如何办理
ss
 
一比一原版赫尔大学毕业证如何办理
一比一原版赫尔大学毕业证如何办理一比一原版赫尔大学毕业证如何办理
一比一原版赫尔大学毕业证如何办理
Airst S
 
一比一原版(TheAuckland毕业证书)新西兰奥克兰大学毕业证如何办理
一比一原版(TheAuckland毕业证书)新西兰奥克兰大学毕业证如何办理一比一原版(TheAuckland毕业证书)新西兰奥克兰大学毕业证如何办理
一比一原版(TheAuckland毕业证书)新西兰奥克兰大学毕业证如何办理
F La
 

Recently uploaded (20)

Cyber Laws : National and International Perspective.
Cyber Laws : National and International Perspective.Cyber Laws : National and International Perspective.
Cyber Laws : National and International Perspective.
 
It’s Not Easy Being Green: Ethical Pitfalls for Bankruptcy Novices
It’s Not Easy Being Green: Ethical Pitfalls for Bankruptcy NovicesIt’s Not Easy Being Green: Ethical Pitfalls for Bankruptcy Novices
It’s Not Easy Being Green: Ethical Pitfalls for Bankruptcy Novices
 
The Main Procedures for a Divorce in Greece
The Main Procedures for a Divorce in GreeceThe Main Procedures for a Divorce in Greece
The Main Procedures for a Divorce in Greece
 
一比一原版(Columbia毕业证书)哥伦比亚大学毕业证原件一模一样
一比一原版(Columbia毕业证书)哥伦比亚大学毕业证原件一模一样一比一原版(Columbia毕业证书)哥伦比亚大学毕业证原件一模一样
一比一原版(Columbia毕业证书)哥伦比亚大学毕业证原件一模一样
 
一比一原版伦敦南岸大学毕业证如何办理
一比一原版伦敦南岸大学毕业证如何办理一比一原版伦敦南岸大学毕业证如何办理
一比一原版伦敦南岸大学毕业证如何办理
 
一比一原版(BCU毕业证书)伯明翰城市大学毕业证成绩单原件一模一样
一比一原版(BCU毕业证书)伯明翰城市大学毕业证成绩单原件一模一样一比一原版(BCU毕业证书)伯明翰城市大学毕业证成绩单原件一模一样
一比一原版(BCU毕业证书)伯明翰城市大学毕业证成绩单原件一模一样
 
一比一原版悉尼科技大学毕业证如何办理
一比一原版悉尼科技大学毕业证如何办理一比一原版悉尼科技大学毕业证如何办理
一比一原版悉尼科技大学毕业证如何办理
 
Types of Agricultural markets LLB- SEM I
Types of Agricultural markets LLB- SEM ITypes of Agricultural markets LLB- SEM I
Types of Agricultural markets LLB- SEM I
 
Petitioner Moot Memorial including Charges and Argument Advanced.docx
Petitioner Moot Memorial including Charges and Argument Advanced.docxPetitioner Moot Memorial including Charges and Argument Advanced.docx
Petitioner Moot Memorial including Charges and Argument Advanced.docx
 
From Scratch to Strong: Introduction to Drafting of Criminal Cases and Applic...
From Scratch to Strong: Introduction to Drafting of Criminal Cases and Applic...From Scratch to Strong: Introduction to Drafting of Criminal Cases and Applic...
From Scratch to Strong: Introduction to Drafting of Criminal Cases and Applic...
 
一比一原版(UC Davis毕业证书)加州大学戴维斯分校毕业证原件一模一样
一比一原版(UC Davis毕业证书)加州大学戴维斯分校毕业证原件一模一样一比一原版(UC Davis毕业证书)加州大学戴维斯分校毕业证原件一模一样
一比一原版(UC Davis毕业证书)加州大学戴维斯分校毕业证原件一模一样
 
Jim Eiberger Rental Agreement Redacted Former Lease.docx
Jim Eiberger Rental Agreement Redacted Former Lease.docxJim Eiberger Rental Agreement Redacted Former Lease.docx
Jim Eiberger Rental Agreement Redacted Former Lease.docx
 
posts-harmful-to-secular-structure-of-the-country-539103-1.pdf
posts-harmful-to-secular-structure-of-the-country-539103-1.pdfposts-harmful-to-secular-structure-of-the-country-539103-1.pdf
posts-harmful-to-secular-structure-of-the-country-539103-1.pdf
 
Democratic Awareness with Legal Literacy POLS 303.pptx
Democratic Awareness with Legal Literacy POLS 303.pptxDemocratic Awareness with Legal Literacy POLS 303.pptx
Democratic Awareness with Legal Literacy POLS 303.pptx
 
Skill Development in Law, Para Legal & other Fields and Export of Trained Man...
Skill Development in Law, Para Legal & other Fields and Export of Trained Man...Skill Development in Law, Para Legal & other Fields and Export of Trained Man...
Skill Development in Law, Para Legal & other Fields and Export of Trained Man...
 
judicial remedies against administrative actions.pptx
judicial remedies against administrative actions.pptxjudicial remedies against administrative actions.pptx
judicial remedies against administrative actions.pptx
 
一比一原版(UNSW毕业证书)新南威尔士大学毕业证如何办理
一比一原版(UNSW毕业证书)新南威尔士大学毕业证如何办理一比一原版(UNSW毕业证书)新南威尔士大学毕业证如何办理
一比一原版(UNSW毕业证书)新南威尔士大学毕业证如何办理
 
Dematerialisation of securities of private companies
Dematerialisation of securities of private companiesDematerialisation of securities of private companies
Dematerialisation of securities of private companies
 
一比一原版赫尔大学毕业证如何办理
一比一原版赫尔大学毕业证如何办理一比一原版赫尔大学毕业证如何办理
一比一原版赫尔大学毕业证如何办理
 
一比一原版(TheAuckland毕业证书)新西兰奥克兰大学毕业证如何办理
一比一原版(TheAuckland毕业证书)新西兰奥克兰大学毕业证如何办理一比一原版(TheAuckland毕业证书)新西兰奥克兰大学毕业证如何办理
一比一原版(TheAuckland毕业证书)新西兰奥克兰大学毕业证如何办理
 

Contract Issues: Banned Activities in Sports Contracts

  • 1. Contract Issues: Banned Activities in Sports Contracts -by Richard Fajardo
  • 2. Sports as a Reflection of Business, Society, and Life  Achievement  Economics  Education  Entertainment  Survival  Teamwork  Temptation
  • 3. U.S. Professional Team Sports  6 major leagues with Players’ Associations and Collective Bargaining Agreements
  • 4. Why banned activities?  Performance  Health and Safety  Unique skills  Free agency
  • 5. Free Agency  Flood v. Kuhn  Messersmith-McNally Arbitration
  • 6.  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
  • 7.  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
  • 8. 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
  • 9. 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).”
  • 10. 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?
  • 11. 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?
  • 12. 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
  • 13. 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?
  • 15. Playing Another Sport  Aaron Boone  Baseball player playing basketball  New York Yankees, 2003-2004  ‘No Basketball’ Clause, team specific
  • 16. Professional Wrestling  Adam “Pacman” Jones
  • 17. Professional Wrestling  Adam “Pacman” Jones  Football player wanting to professionally wrestle  Tennessee Titans, 2007  Under league suspension  Standard “Other Activities” Clause, league-wide
  • 19. “The Motorcycle Clause”  Jay Williams  Basketball player riding a motorcycle  Chicago Bulls, 2003  Standard “Other Athletic Activities” Clause, league-wide
  • 20. “The Motorcycle Clause”  Other recent motorcycling accidents include:  Kellen Winslow Jr.  Ben Roethlisberger
  • 21. “The Motorcycle Clause”  Terry Bradshaw, to Ben Roethlisberger after Winslow’s accident: “Ride it when you retire.”
  • 22. “The Motorcycle Clause”  Phil Savage after Ben Roethlisberger’s accident: “I wish all our players liked board games or low-risk hobbies.”
  • 25. Banned Activities Clauses  Not a new phenomenon  In the signed contract  Standards negotiated by players’ associations  Player specific examples
  • 26. 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)