Non football injuries - Dallas Cowboys Forum

**jobberone** · 03-25-2005

I'm not sure if this is an Adam question or one for one of our attorneys or football legalists out there but what is the usual verbage in contracts these days about non-football injuries yada causing players not to be able to perform?

I was reading the Rivera posts and didn't really want to start a new thread but thought this might get buried. So sorry if this is a repeat or bother.

But would they not protect themselves from this sort of thing in contract and do they not put these players on the non-football injury list? And what precedents are there or general usage to recover money as in the Rivera case, people going to jail for murder, Ricky Williams salary/bonus, yada?

jksmith269 · 03-25-2005

From what I've read at askthecommish.com it does say that most contracts now-a-days have a clause in them that if a player is unable to or unwilling to play then the team can recoup most if not all of the signing bonus and be reapplied to the cap. like if a player got quit in yr 3 of a six year contract and had 6mil left prorated on his signing bonus the team could recoup that 6mil and have the 2mil that season back in cap space. I think it also says an arbitrator would be involved.......Don't know how this would apply to injuries but I think some contracts state that non football related injuries are terms for the pay back of signing bonuses.

But your right Adam would be able to answer better

**jobberone** · 03-25-2005

Quote:

Originally Posted by jksmith269

From what I've read at askthecommish.com it does say that most contracts now-a-days have a clause in them that if a player is unable to or unwilling to play then the team can recoup most if not all of the signing bonus and be reapplied to the cap. like if a player got quit in yr 3 of a six year contract and had 6mil left prorated on his signing bonus the team could recoup that 6mil and have the 2mil that season back in cap space. I think it also says an arbitrator would be involved.......Don't know how this would apply to injuries but I think some contracts state that non football related injuries are terms for the pay back of signing bonuses.

But your right Adam would be able to answer better

That sounded good to me but I would like to hear from more of you. Thanks.

Nors · 03-25-2005

I remember when Lions recouped some of Sanders SB, They received no cap relief. May be wrong.

jksmith269 · 03-25-2005

Quote:

Originally Posted by Nors

I remember when Lions recouped some of Sanders SB, They received no cap relief. May be wrong.

What is to prevent a player from signing a huge contract, commanding a large (guaranteed) signing bonus, then never playing a single down in the NFL?

Answer: I call this the "Barry Sanders Rule".

Due to the Salary Cap, owners are now investing a greater amount of money up front for players in the form of guaranteed signing bonuses. Thus, the owners must try to protect their investments by including language in the contract that calls for a player to return a portion of the signing bonus to the team if the player “fails or refuses” to practice or play with the team.

In certain situations, a team will be repaid some of the signing bonus it paid to a player (i.e., a refund), or a team will fail to pay part of a signing bonus that was already allocated toward team salary. If this happens, the amount previously included in team salary will be added to the team’s Salary Cap in the next year.

http://www.askthecommish.com/salarycap/faq.asp

Nors · 03-25-2005

"by including language in the contract"

THAT IS VERY RELEVANT, WHAT IS IN THE CONTRACT......

Nors · 03-25-2005

"In certain situations, a team will be repaid some of the signing bonus it paid to a player (i.e., a refund), "

I'm curious - any tangible case studies on Cap refunds?

Nors · 03-25-2005

15) What is the “Barry Sanders Rule”?

Due to the Salary Cap, owners are now investing a greater amount of money up front for players in the form of guaranteed signing bonuses. Thus, the owners must try to protect their investments by including language in the contract that calls for a player to return a portion of the signing bonus to the team if the player “fails or refuses” to practice or play with the team. In certain situations, a team will be repaid some of the signing bonus it paid to a player (i.e., a refund), or a team will fail to pay part of a signing bonus that was already allocated toward team salary. If this happens, the amount previously included in team salary will be added to the team’s Salary Cap in the next year.

Is Rivera's injury any different than Woodsons? He's not going to retire. He will show up to work every day to honor his contract......

jksmith269 · 03-25-2005

Quote:

Originally Posted by Nors

I'm curious - any tangible case studies on Cap refunds?

Is Rivera's injury any different than Woodsons? He's not going to retire. He will show up to work every day to honor his contract......

the only cap refund I know of is Barry Sanders having to pay back some of his signing bonus and Rickey Williams. I don't know if one or eithers payback was credited to the salary cap.

I agree Nors I think Rivera will be back and 100% and none of us really know the exact language in any of the contracts that have been signed so its all speculation on what could or could not happen.

conner01 · 03-26-2005

if your working out your gonna get paid.if you where out sky diving and got hurt most contracts would allow not to pay but working out is a situation where no team would refuse to pay.you want your guys working out