| 1. |
PARTIES
AND CONSIDERATION. |
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This
contract is between _____(Team)_____ and _____(Player)_____
("Player"). The consideration for this
contract includes the mutual promises, and performance
rendered and to be rendered in accordance with those
promises, as set forth below. |
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| 2. |
DEFINITIONS. |
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2.1 |
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League. |
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The
United States Football League (the League) is a
non-profit association of which the Club is a member. |
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Club. |
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The
Club is the United Slates Football League Franchise
holder which operates a United States Football League
football team in a designated territory. |
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Player. |
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Player
is a football Player who represents that he is capable
of playing football at the level acceptable to the
United States Football League and who. by executing this
Contract, agrees to play football solely and exclusively
within the United States Football League- |
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2.4 |
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Regular
Season. |
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Regular
season is that period of time in the Contract Term
during which the League Clubs play regular season games
and specifically excludes scrimmage, exhibition,
play-off, and all-star games. |
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2.5 |
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Accredited
Year. |
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Player
shall gain an accredited year for each year during the
regular United States Football League season in which
Player is on the active roster of a United States
Football League Club for at least five (5) regular
season games. |
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2.6 |
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Veteran
Player. |
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A
Veteran Player is any Player who has gained at least one
(1) accredited season in the United States Football
League. |
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2.7 |
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Vested
Veteran Player. |
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A
Vested Veteran Player is any Player who has gained at
least three (3) accredited seasons in the United States
Football League. |
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2.8 |
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League
By-Laws, Playing Rules and Operating Rules. |
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The
League by-laws, playing rules and operating rules are
those adopted, and from time to time amended, by the
League. |
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2.9 |
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Club
Rules. |
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Club
rules are Ihose adopted, and from time to time amended,
by each United States Football League Club. |
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2.10 |
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Contract. |
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The
Contract referred to is this Contract, of which there
are three (3) copies: The League's copy. Club's eopy and
Player's copy. (Player's copy shall be executed by the
League Commissioner and returned to Player, but the
Contract shall nevertheless be binding upon Player and
Club from the date of signature by Player and Club,
unless modified in accord with paragraph 2.12). If there
is any discrepancy between or among the copies, the copy
on file in the League Office shall control. |
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2.11 |
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Contract
Year. |
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Contract
Year is the twelve (12) consecutive month period from 1
to November 30 each year during the term of this
Contract. If this Contract is signed after
December I , the contract year shall be defined as the
period from the date of execution of the Contract until
the following November 30. |
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2.12 |
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Effective
Date. |
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This
Contract shall be effective when it is signed by Club
and Player. In order to preserve the integrity of the
League by-laws, operating rules, playing rules and the
authority of the Commissioner's office, the Commissioner
or any person duly authorized by the Commissioner shall
have the right to approve or disapprove this Contract
within ten (10) days after receipt in the Commissioner's
office. If the Commissioner or any person duly
authorized by the Commissioner disapproves this
Contract, neither Club nor Player shall thereafter have
any obligation under this Contract. Failure to act
within the aforesaid ten (10) day period shall be deemed
approval. |
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| 3. |
TERM. |
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This
Contract covers one (1) football season, and will begin
on the date of execution or December 1, 19___, whichever
is later, and end on November 30, 19___, unless
extended, terminated, or renewed as specified elsewhere
in this Contract. |
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| 4. |
EMPLOYMENT
AND SERVICES. |
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Club employs Player as a skilled professional football Player, and Player accepts such employment and agrees to perform to the best of his ability and provide, by way of illustration and not limitation, the following services; |
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4.1 |
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To report to Club in good physical condition (as defined below) at times and places fixed by Club. |
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4.2 |
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To play and participate in, to the best of his ability, all practice sessions, scrimmages, exhibition games, regular season League
games, playoff games, championship games, and other
games scheduled by the League or Club including
pre-season, post-season or all-star games. |
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4.3 |
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To comply with and be bound by League by-laws, operating rules, playing rules, Club rules and decisions of the League Commissioner, and to submit to discipline of the League and Club for any violation thereof. |
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To stay in the best physical condition at all times during the term of this Contract. |
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4.5 |
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To give his loyalty to the League and Club and to participate in their promotions and publicity and to cooperate with their football and business
activities |
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| 5. |
PUBLICITY. |
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5.1 |
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Player grants and assigns to Club, League or any League-designated entity the non-exclusive right to use his picture, alone or with others, to use his name, initials, likeness, signature facsimile and biographical sketch in connection with any matter associated with Club's, League's or any League-designated entity's business for publicity and promotional purposes of any and all types, including, but not iimited to films, photographs, video tapes, personal interviews, or written media of any kind for periods during and indefinitely following the term of this Contract. Player recognizes and agrees thai it is in the best interests of Club, League and any League-designated entity to utilize all types of publicity in seeking recognition of Player. Club and the League in the development of commercial products and Player hereby grants to Club, League or any League-designated entity the authority to use his name, picture or likeness for ali commercial purposes and hereby waives any claim to any revenues received by Club, League and any League-designated entities as a consequence thereof. Player agrees to cooperate with all types of news and sports media and will participate upon request in reasonable promotional activities of Club or League. Club, League or any League-designated entity has the right to take the picture of Player and Player will make himself available for that purpose. |
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5.2 |
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Player is in no way prohibited from receiving fees paid to Player for any personal speaking engagements, appearances or interviews generated by himself which shall not conflict with any obligation hereunder. |
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| 6. |
COMPENSATION. |
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6.1 |
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For the performance of Player's services and all other promises of Player, Club will pay Player the following
compensation: |
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A. |
$__________,
for the regular League season, divided into units of pay
equaling the number of scheduled regular season League
games payable as provided in 6.2 below. |
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B. |
If this Contract is executed or Player is activated after the start of Club's official League schedule, the 6.1A units of compensation payable to Player will be reduced proportionately and Player will be paid only for those game units of his 6.1A compensation after he is activated. If this Contract is terminated after the start of Club's official League schedule, the 6.1 A compensation payable to Player will be reduced proportionately and Player will be paid only for those game units of his 6.1A compensation up to the time of termination. The pro rata adjustment shall be made on the basis of games the Player is on the official Club roster as related to the total number of regular season games, and the amount payable shall be allocated and paid as sel forth in 6.2. |
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C. |
Club shall additionally pay such compensation as may be earned by Player as is set forth in Paragraph 23 (additional provisions) which is incorporated herein by reference. |
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6.2 |
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The
compensation listed in 6.1 A and modified by 6. IB above
shall be paid either by Method A or Method B. (Please
check agreed Method) |
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A. |
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Sixty
(60%) per cent of each 6.1A game unit compensation shall
be paid to Player within two (2) weeks following each
game. |
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The
remaining forty (40%) per cent of earned 6.1A game unit
compensation shall be paid to Player in six (6) equal,
monthly installments commencing August 1 of the current
Contract year in accord with officially designated
League policy with any interest earned on the Player's
earned game compensation credited to the Player. |
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B. |
One
hundred (1000%) per cent of each 6.1A game unit
compensation shall be paid to Player within two (2)
weeks following each game. |
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C. |
It
is understood and agreed by Player that Player must be a
member of the official Club regular season roster to
earn any portion of the 6.1A compensation as modified by
6.1B. |
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6.3 |
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The compensation listed in 6.1C shall be paid within thirty (30) days following the League's Championship Game. |
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6.4 |
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In addition. Club shall furnish Player with reasonable lodging and meals during official Club training camps and shall pay the Player Five ($5.00) Dollars training camp per diem. |
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6.5 |
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In
addition. Club shall furnish necessary transportation,
lodging and meals while Club is enroute to and from
regular season games scheduled in areas other than
Club's home territory. In lieu of furnishing meals. Club
may choose to pay a meal schedule of Five ($5.00)
Dollars for breakfast; Five (S5.00) Dollars for lunch;
and Fifteen ($15.00) Dollars for supper. |
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| 7. |
DEDUCTIONS. |
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Club
shall be entitled to deduct from each and every payment
made under any of the provisions of this Contract any
advance made to Player and any amount required or
authorized by Federal, State or Municipal Law. Club
shall further deduct any properly levied Club or League
fine against Player. |
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| 8. |
PHYSICAL
CONDITION; INJURY; DEATH. |
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8.1 |
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Player
represents to Club that he is and will maintain himself
in excellent physical condition. Player will undergo a
complete physical examination(s) by the Club physician
at any time upon Club request, during which physical
examination Player agrees to make full and complete
disclosure of any physical or mental condition known to
him which might impair his performance under this
Contract and to respond fully and in good faith when
questioned by the Club physician about any such
condition. Player recognizes and agrees that an integral
part of any physical examination which he agrees to
undergo at any time shall include, but not be limited to:
any appropriate chemical tests of his blood, urine or
other bodily fluid or substance. If Player, in the
sole judgment of Club's physician, is not in appropriate
physical condition to play professional football al any
time during the term of this Contract (unless such
condition results directly from performance under this
Contract), Club shall have the right to either suspend
Player without pay or to terminate this Contract.
Further, if Player fails to take the requested physical
examination or to make the required full and complete
disclosure and good faith responses to Club physician,
then Club may also suspend Player without pay or
terminate this Contract. Player docs hereby waive the
traditional confidentiality between physician and
patient insofar as hereby authorizing physician, as
agent of Club, to disclose to Club any and all
conditions of Player observed by physician which
physician or Club consider relevant to the well-being of
Player, Club and/or League. |
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8.2 |
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If
Player is injured as a result of playing football for
Club, either during any practice session called by Club
or any League scheduled regular season, play-off, or
all-star game, and reports such injury1 to Club
physician or trainer within twenty-four (24) hours.
Player will receive such medical and hospital care
during the term provided herein as Club physician may
deem necessary. Club will pay Player's hospitalization
and medical expenses necessarily incurred or arising
from the injury sustained provided the hospital and
doctors are selected by Club; the Club's obligation to
pay such expenses shall continue until such time as
Club's physician certifies in writing that Player has
sufficiently recovered from the injury to play football
or the 1st day of January in the year following the year
in which the injury occurred, whichever event shall
first occur; and Player hereby relieves Club from any
and every additional obligation, liability, claim or
demand whatsoever in connection with the injury. |
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8.3 |
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If
Player is injured in the performance of his services
under this contract after he has been named to the
official regular season roster or Player is a Veteran
Player as is defined hereinabove and Player reports such
injury to Club physician or trainer within twenty-four
(24) hours, Club shall pay, in addition to the expenses
as set forth in 8.2, above, compensation provided for in
paragraph 6.1A so long as Player is physically unable to
resume his duties hereunder. but in no event shall this
obligation extend beyond the Contract year in which
Player is injured. Player releases the team from any and
all other liabilities or claims for damages arising from
any such injuries. During the period of time which the
Club physician certifies that Player is unable to
physically resume his duties, this Contract shall remain
in effect. |
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8.4 |
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When,
in the Club physician's opinion. Player is able to
resume his duties hereunder. Club, in its sole
discretion, may elect cither to retain Player under this
Contract or to terminate this Contract with no further
obligation to Player. |
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8.5 |
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Any
compensation paid to Player under Paragraph 8.3, above,
shall be reduced by any Workmen's Compensation benefits
or insurance proceeds provided through Club or League
which are payable to Player, and if any such
compensation is advanced by Club. Player shall refund
such advance out of amounts received from Workmen's
Compensation or insurance benefits. |
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8.6 |
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If
Player has any dispute with any findings by Club's
physician, he shall have the right to seek, at his own
cost, within thirty (30) days, the opinion of his own
licensed medical physician. After Player submits said
opinion to Club's physician, within said thirty (30) day
period, if any dispute still exists, any and all issues
shall be submitted to arbitration as set forth in
Paragraph 15, below. |
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8.7 |
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Player's
death at any time shall automatically terminate this
Contract. If Player's death occurs as the direct
result of the performance of his services under this
Contract, the unpaid balance of any 6.1A compensation
for the entire Contract year shall be paid to his stated
beneficiary or to his estate |
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| 9. |
STANDARDS
OF PERFORMANCE. |
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Player understands that he is competing with other players for positions on Club's roster and that the number of players on the roster is limited by League rules. If, at any time during the term of this Contract, in the sole opinion of Club, Player's services are no longer desired by Club for any reason whatsoever. Club shall have the right either to assign this Contract to another Club in the United States Football League or to terminate this Contract. Upon assignment or termination jy Club. Player will promptly undergo a complete physical examination by Club physician if requested by Club. Club shall have the right to terminate this Contract with no further obligation by Club to Player, and no further obligation by Player to Club. This paragraph shall not be modified or changed by any verbal statements "or representations. |
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| 10. |
TRANSFERABILITY
AND ASSIGNMENT. |
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10.1 |
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Club shall have the right to sell, assign, trade and transfer this Contract to any successor to Club's franchise, to any other Club in the League or to the League itself, and Player agrees to accept and be bound by such sale, exchange, assignment or transfer and to report promptly to his new Club, and to faithfully perform and carry out his obligations under this Contract as if it had been entered into between Player and the new Club. If Player is transferred. Player's transportation expenses shall be paid by the acquiring Club. The acquiring Club shall be bound by the terms of this Contract and the trading Club shall be released from any and all obligations under this Contract. |
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10.2 |
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Player recognizes and agrees that an orderly waiver system is necessary and appropriate and Player recognizes and agrees to faithfully abide by all waiver rules adopted by League. Player agrees to abide by said waiver rules and promptly report to any claiming Club upon being informed of a waiver claim and to faithfully perform his services under this Contract. Player's transportation expenses shall be paid by the claiming Club. The claiming Club shall be bound by the terms of this Contract and the waiving Club shall be released from any and all obligations under this Contract. |
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| 11. |
EXCLUSIVITY. |
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11.1 |
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Player will not play football, nor engage in activities related to football, for any entity other than Club without Club's prior written consent, and will not, without prior written consent of Club, engage in any other professional sport. Neither Club's nor the Commissioner's knowledge of a violation of this clause shall be deemed consent thereto. Player will not participate in any football game other than with Club or one sponsored by League, unless such game is first approved by League. |
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11.2 |
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Player has represented to Club, and agrees that he has unique skill, experience, knowledge, and ability, all of which contribute to his being an exceptional football player. Player acknowledges that the services he will perform under this Contract cannot be replaced or duplicated by Club acquiring the services of any other player. In addition, he acknowledges that should Club lose his services by any breach or threatened breach of this Contract, or any other agreement with Player. Club cannot properly or adequately be compensated for his loss by the mere payment of money. Player agrees, therefore, that in the event of a breach or threatened breach of this Contract by Player, Club or its assignees, in addition to any other remedies that may be available to them judicially or by way of arbitration. Club shall have the right to obtain from any competent court or arbitrator a decree enjoining any further breach of this Contract, and enjoining Player from playing football for any other entity during the term of this Contract or any extension or renewal hereof. |
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11.3 |
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Player recognizes and agrees not to engage in sports endangering his health or safety (including, but not limited to. professional boxing or wrestling, motorcycling,
mopcd-riding, auto racing, mountain climbing, sky-diving, and hang-gliding); and that, except with the written consent of Club, he will not engage in any game or exhibition of basketball, football, hockey, lacrosse, or other athletic sport, under penalty of such fine and suspension as may be imposed by Club and/or the Commissioner. Nothing contained herein shall be intended to require Player to obtain the written consent of Club in order to enable Player to participate in, as an amateur, the sports of golf, tennis, handball, racquetball, swimming, hiking, softball or volley ball. |
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| 12. |
TERMINATION. |
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12.1 |
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Club may terminate this Contract at any time for whatever reasons Club deems fit. On such termination. Player's sole remedy shall be payment of his salary and expenses accrued to the date of such termination. |
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12.2 |
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The rights o.f termination set forth in this Contract shall be in addition to any other rights of termination allowed either party by law and any termination shall be effective upon the giving of notice to Player. |
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| 13. |
EXTENSION. |
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If Player becomes a member of the Armed Forces of the United States or any other country, or retires from professional football as an active player, or otherwise fails or refuses to perform his services under this Contract, then this Contract will be tolled between the date of Player's induction into the Armed forces, or his retirement, or his failure or refusal to perform, and the later date of his return to professional football. During the period this Contract is tolled. Player will not be entitled to any compensation or benefits except to the extent required by law in the case of induction into the Armed Forces. On Player's return to professional football, the term of this Contract will be extended for a period of time equal to the number of seasons (to the nearest multiple of one) remaining at the time the Contract was tolled. The right of renewal contained in this Contract will remain in effect until the end of any such extended term. |
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| 14. |
RENEWAL. |
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Club
may, by sending written notice to Player on or before
the November 30 expiration date referred to in Paragraph
3, renew this Contract for a period of one (1) year. The
terms and conditions of the renewal year will be the
same as those provided in this Contract for the last
preceding year, except that there will be no further
right of renewal in Club and. unless this Contract
specifically provides otherwise, the rate of
compensation for the renewal year will be one hundred
(100%) per cent of the rate of compensation provided in
this Contract for the last preceding year. The phrase
"rate of compensation" is as set forth in
Paragraph 6.1A, and any performance bonus as set forth
in Paragraph 6.1C. but excluding any signing or
reporting bonuses. In order for Player to receive
one hundred (100%) per cent of any performance bonus
under this Contract, he must meet the previously
established conditions of that bonus during the renewal
year. |
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| 15. |
ARBITRATION. |
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15.1 |
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All parties recognize and agree that the Commissioner has full power and authority to make any and all final decisions regarding the relationship between Player and Club regarding any subject matter whether arising from this Contract or any other relationship between Player and Club- The only appeal by Player to any decision by the Commissioner shall be arbitration under the provisions of this paragraph. Further, any dispute or controversy arising under, out of or in connection with this Contract or Player's relationship with Club or League shall be submitted to arbitration under the provisions of this paragraph. League shall maintain in League's rules provision for at least five (5) independent arbitrators with no connection to cither League or any member Clubs or any Players under United States Football League contract. Any dispute which arises under this Contract, whether it be injury grievances or any other type of grievances raised by either Player or Club, shall be submitted to a member of the arbitration panel on a rotating basis. |
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15.2 |
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Upon submission to one (1) of the five recognized arbitrators, that individual arbitrator shall determine by whom and in what proportion the cost of arbitration shall be paid. Player and Club hereby grant such arbitrator full power to determine their dispute in such manner as he shall direct, and under such rules of procedure as he shall, in his sole discretion, adopt, and his award shall be final, binding and conclusive and may be enforced in any court having competent jurisdiction. Both Player and Club recognize and agree that they are waiving any and all rights to any claims, demands, damages, causes of action, or suits arising out of or in connection with any decision of the arbitrator except to seek judicial enforcement of the arbitrator's decision or award. |
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15.3 |
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It is understood and agreed that Player, Club or this Contract might be affected by a decision of the League Commissioner and. except for the arbitration rights set forth in this paragraph. Player hereby releases and discharges the Commissioner, League, each Club in the League, each officer, director, shareholder, owner or partner of any Club and each employee or representative of League or of any Club, jointly and severally, individually and in their official capacities, from and of any and all claims, demands, damages, causes of action, or suits, arising out of or in connection with any decision of the Commissioner, Club or League on any matter within their jurisdiction. |
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| 16. |
INTEGRITY
OF THE GAME. |
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Player agrees to give his best efforts and loyalty to Club and to conduct himself on and off the field with appropriate recognition of the fact that the success and best interests of professional football depend largely on public respect for and approval of those associated with the game. Player recognizes the detriment to Club and to League that would result from impairment of public confidence in the integrity, good character, good health, and good conduct of United States Football League players. Player therefore acknowledges his awareness not to engage in acts, conduct or behavior which would be detrimental to the best interests of the United States Football League or to professional football. Player acknowledges and submits to the jurisdiction of the Commissioner in all aspects relating to the integrity of the United States Football League and the conduct of its games. Further, Player recognizes and agrees that the Commissioner shall have t complete and final authority in the determination of conduct considered detrimental to League. Player agrees that the Commissioner shall have the power in his sole discretion to suspend without pay and/or fine Player upon the Commissioner's finding that Player has engaged in acts or conduct detrimental to League. |
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| 17. |
GAMBLING. |
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17.1 |
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If
the League Commissioner shall, in his sole judgment,
find that Player has |
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