The Atlanta Falcons Football Club LLC et al v. The National Football League Players Association et al

Filing 1

COMPLAINT filed by The Atlanta Falcons Football Club and The National Football League Management Council. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 113E-3805221.) (Attachments: # 1 Exhibit -A Part 1, # 2 Exhibit -A Part 2, # 3 Exhibit -A Part 3, # 4 Exhibit -A Part 4, # 5 Exhibit -B, # 6 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.

Exhibit A
(Part 4 of 4)

AppendixC

APPENDIXC
NFL PlAYER CONTRACf
THIS CONTRAcr is between

------------~-------------hereinafter "Player," and______________________-:--,
a
corporation
Oimited partnership) (partnership), hereinafter "Club," operating under
the name of the
~----~--~~~--~---~---~---as a member of the National FoodJall League, hereinafter "League." In consideration of the pronrlses made by each to the other, Player and Club agree
as follows:

football season(s), and
whichever is
later, and end on February 28 or 29,
, unless l"Xtended, terminated, or renewed as specified elsewhere in this contract.
1.

TERM. This conttact covers

will begin on the date of execution or March 1,

1

EMPLOYMENT AND SERVICES. dub employs Player as a
skilled football player. Player accepts such employment. He agrees to give
his best efforts and loyalty to the Club, and to conduct himself on and off
the field with appropriate recognition of the fact that the success of professional football depends largely on public respect for and approval of those
associated with the game. Player will repon prompdy for and participate
fully in Club's official mandatory minicamp(s). official pre-season training
camp, aU Club meetings and practice sessions, and aU pre-season, regular
season and posrseason football games scheduled for or by Club. If invited,
Player will practice for and play in any all-star football game sponsored by
the League. Player will nm participate in any fomball game not sponsored
by the League unless the game is first approved by the league.
2.

3.
OTHER ACTMTIES. Without prior written consent of the
Club, Player will not play football or engage in activities related [Q fomball
otherwise than for Club or engage in any activity other than football which
may involve a significant risk of personal injury. Player represents that he
has special, exceptional and unique knowledge, skill, ability; and experience as a footban player; the loss of which cannot be estimated with any certainty and cannot be fairly or adequately compensated by damages. Player
therefore agrees that Club will have the right, in addition to any other right
which Club may possess, to enjoin Player by appropriate proceedings from
playing football or engaging in football~related activities orner than for Club
or from engaging in any activity other than football which may involve a significant risk of personal injury.
4.
(a)
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PUBUCITY AND NFLPA GROUP UCENSING PROGRAM.
Player grants to Club and the League, separately and together,

AppendixC

the authority to use his name and picture for publicity and the promotion
of NFL Football, the League or any of irs member clubs in newspapers,
magazines, motion pictures, game programs and roster manuals, broad~
casts and telecasts, and all other publicity and advertising media, provided
such publicity and promotion does not constitute an endorsement by Player of a commercial product. Player will cooperate with the news media, and
will participate upon request in reasonable activities to promote the Club
and the League. Player and National Football League Players Association,
hereinafter "NFLPA, " will not contest the rights of the League and irs member clubs to telecast, broadcast, or otherwise transmit NFL Football or the
right of NFL Films to produce, sell, market, or distribute football game film
footage, except insofar as such broadcast, telecast, or transmission of
footage is used in any commercially marketable game or interactive use.
The League and its member clubs, and Player and the NFLPA, reserve their
respective rights as to the use of such broadcasts, telecasts or transmissions
of footage in such games or interactive uses, which shall be unaffected by
this subparagraph.
(b)
Player hereby assigns to the NFLPA and its licensing affiliates. if
any, the exclusive right to use and to grant to persons, firms, or corporations (collectively "licensees ") the right to use his name, signature facsimile, voice, picture. photograph, likeness, and/or biographical infonnation
(collectively "image") in group licensing programs. Group licensing programs are defined as those licensing programs in which a licensee utilizes a
total of six or more NFL player images on or in conjunction with products
(including, but not limited to, trading cards, clothing, videogames, computer games, collectibles, internet sites, fantasy games, etc.) that are sold at
retail or used as promotional or premium items. Player retains the right to
grant permission to a licensee to utilize his image if that licensee is not concurrently utilizing the images of five or more oilier NFL players on products
that are sold at retail or are used as promotional or premium items. If Player's inclusion in a particular NFLPA program is precluded by an individual
exclusive endorsement agreement, and Player provides the NFLPA with
timely written notice of that preclusion, the NFLPA will exclude Player from
that particular program. In consideration for this assignment of rights, the
NFLPA will use the revenues it receives from group licensing programs to
suppon the objectives as set forth in the Bylaws of the NFLPA. The NFLPA
will use its best efforts to promote the use of NFL player images in group
licensing programs, to provide group licensing opportunities to aU NFL
players. and to ensure that no entity utilizes the group licensing righrs
granted to the NFLPA without first obtaining a license from the NFLPA.
This subparagraph (b) shall be constrUed under Virginia law without reference to conflicts of law principles. The assignment in this paragraph shall expire on December 31 of the later of (a) the third year follOwing the execution
of this connact. or (b) the year in which this contract expires. Neither Club

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nor the League is a parry to the terms of this paragraph, which is included
herein so1ely for the administrative convenience and benefit of Player and
the NFLPA. The renns of this subparagraph apply unless, at the time of execution of this contract, Player indicates by striking out this subparagraph
(b) and marking his initials adjacent to the stricken language his intention
to not participate in the NFLPA Group Licensing Program. Nothing in this
subparagraph shall be construed to supersede or any way broaden, expand,
detract from, or otherwise alter in any way whatsoever, the rights of NFL
Properties, Inc. as permitted under Anicle V (Union Security) , Section 4 of
the 1993 Collective Bargaining Agreement (,'CBA:').
5.
COMPENSATION. For perfonnance of Player's services and all
other promises of Player, Club will pay Player a yearly salary as follows:
$
$
$
$
$

for the 20_ _season;
for the 20_ _season;
for the 20 _ _season;
for the 20 _ _season;
for the 2O_season.

In addition, Club will pay P1ayer such earned performance bonuses as may
be called for in this contract; Player'S necessary traveling expenses from his
residence to training camp; Player's reasonable board and lodging expenses during pre-season training and in connection with playing pre-season,
regular season, and postseason football games outside Club's home city;
Player's necessary traveling expenses to and from pre.-season, regular sea·
son, and postseason football games outside Club's home city; Player's necessary traveling expenses to his residence if this contract is terminated by
Club; and such additional compensation, benefits and reimbursement of
expenses as may be called for in any collective bargaining agreement in existence during the term of this contract. (For purposes of this contract, a
collective bargaining agreement will be deemed to be "in existence" during
its stated term or during any period for which the parties to that agreemem
agree to extend it.)
6.
PAYMENT. Unless this contract or any collective bargaining
agreement in existence during the term of this contract specifically provides
otherwise, Player will be paid 100% of his yearly salary under this contract
in equal weekly or biweekly installments over the course of the applicable
regular season period, commencing with the first regular season game
played by Qub in each season. Unless this contract specifically provides
otherwise, if this contract is executed or Player is activated after the beginning of the regu1ar season, the yearly salary payable to Player will be reduced proponionately and Player will be paid the weekly or biweekly por250

AppendixC

tions of his yearly salary becoming due and payable after he is activated.
Unless this contract specifically provides otherwise, if this contract is terminated after the beginning of the regular season, the yearly salary payable
to Player will be reduced proponionately and Player will be paid the weekly or bi weekly portions of his yearly salary having become due and payable
up to the time of termination.
7.
DEDUCTIONS. Any advance made to Player will be repaid to
Club, and any properly levied Club fine or Commissioner fine against Player will be paid, in cash on demand or by means of deductions from payments corning due to the Player under this contract, the amount of such
deductions to be determined by Club unless this contract or any collective
bargaining agreement in existence during the term of this contract specifically provides otherwise.
8.
PHYSICAL CONDITION. Player represents to Club that he is
and will maintain himself in excellent physical condition. Player will undergo a complete physical examination by the Club physician upon Club
request, during which physical examination Player agrees to nlake 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 such
condition. If Player fails to establish or maintain his excellent physical condition to the satisfaction of the Club physician, or make the required full
and complete disclosure and good faith responses to the Club physician,
then Club may terminate this contract.
9.
INJURY. Unless this contract specifically provides otherwise, if
Player is injured in the performance of his services under this contract and
promptly reports such injury to the Club physician or trainer, then Player
will receive such medical and hospital care during the term of this contract
as the Club physician may deem necessary, and will continue to receive his
yearly salary for so long, during the season of injury only and for no subsequent period covered by this contract, as Player is physically unable to perform the services required of him by this contract because of such injury. If
Player's injury in the perfonnance of his services under this contract results
in his death, the unpaid balance of his yearly salary for the season of injury
will be paid to his stated beneficiary, or in the absence of a stated beneficiary. to his estate.
10. WORKERS' COMPENSATION. Any compensation paid to Player under this contract or under any collective bargaining agreement in existence during the tenn of this contract for a period during which he is entided to workers' compensation benefits by reason of temporary total, permanent total, temporary partial, or permanent partial disability will be
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deemed an advance payment of workers' compensation benefits due Player, and Club will be entitled to be reimbursed the amount of such payment
out of any award of workers' compensation.
SKILL, PERFORMANCE AND CONDUCI Player understands
11.
iliat he is competing with other players for a position on Club's roster within me applicable player limits. If at any time, in the sale judgment of Club.
Player's skill or performance has been unsatisfactory as compared with thar
of oilier players competing for positions on Club's roster. or if Player has
engaged in personal conduct reasonably judged by Club to adversely affect
or reflect on Club, men Club may terminate this cono-act. In addition, during [he period any salary cap is legally in effect, this contract may be terminated if, in Club's opinion, Player is anticipated to make less of a contribution to Club's ability to compete on the playing field than another player or
players whom Club intends to sign or attempts to sign, or anomer player
or players who is or are already on Club's roSter, and for whom Club needs
room.
TERMINATION. The rights of termination set fonh in this con12.
cract will be in addition to any other rights of termination allowed dmer
party by law. Tennination will be effective upon the giving of written nodce,
except that Player's death, other than as a result of injury incurred in the
perfonnance of his services under this contract, will automatically terminate this contract. If this contract is terminated by Club and either Player
or Club so requests, Player will promptly undergo a complete physical ex~
amination by the Club physician.
13.
INJURY GRIEVANCE. Unless a collective bargaining agreement
in existence at the time of tennination of this contract by Club provides
otherwise, the following injury grievance procedure will apply: If Player believes that at the time of tennination of this contract by Club he was physically unable to perfonn the services required of him by this contract because of an injury incurred in the performance of his services under [his
contract, Player may, within sixty days after examination by me Club physidan, submit at his own expense to examination by a physician of his
choice. If the opinion of Player's physician with respect to his physical ability to perform the services reqUired of him by this cono-act is contrary [0
that of the Club's physician, the dispute will be submitted within a reasonable time to final and binding arbitration by an arbitrator selected by
Club and Play~r or, if they are unable to agree, one selected in accordance
with the procedures of the American Arbitration Association on application
by either party.
14.
RULES. Player will comply with and be bound by all reasonable
Club rules and regulatiOns in effect during the term of this contract which
252

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are not inconsistent with the provisions of this contract or of any collective
bargaining agreement in existence during the term of this contract. Player's
attention is also called to the fact that the League functions with certain
rules and procedures expressive of its operation as a joint venture among
its member clubs and that these rules and practices may affect Player's relationship to the League and its member clubs independently of the provisions of this contract.
15.
INTEGRITY OF GAME. Player recognizes the deniment to the
League and professional football that would result from impairment of public confidence in the honest and orderly conduct of NFL games or the integrity and good character of NFL players. Player therefore acknowledges
his awareness that if he accepts a bribe or agrees to throw or fix an NFL
game; fails to promptly report a bribe offer or an attempt to throw or flX an
NFL game; bets on an NFL game; knowingly associates with gamblers Dr
gambling activity; uses or provides other players with stimulants or other
drugs for the putpose of attempting to enhance on-field performance; or is
guilty of any other form of conduct reasonably judged by the League Commissioner to be detrimental to the League or professional football, the
Commissioner will have the right, but only after giving Player the opportunity for a hearing at which he may be represented by counsel of his choice,
to fine Player in a reasonable amount; to suspend Player for a period cerlain
or indefinitely; and/or to terminate this contract.
16.
EXTENSION. Unless this contract specifically provides otherwise, 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 Anned 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. On Player'S return to professional football, the term of this contract will be extended for j:I 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, if any, contained in this contract will remain in
effect until the end of any such extended term.

17. ASSIGNMENI Unless this contract specifically provides otherwise, Club may assign this contract and Player's services under this contract to any successor to Gub's franchise or to any other Club in the
League. Player will report to the assignee Club prompdy upon being infonned of the assignment of his contract and will faithfully perfonn his services under this contract. The assignee club will pay Player's necessary rraveling expenses in reporting to it and will faithfully perform this conrract
with Player.
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18.
FILING. This contract will be valid and binding upon Player and
Club immediately upon execution. A copy of this contract, including any
attachment to it, will be filed by Club with the League Commissioner within ten days after execution. The Commissioner will have the tight to disapprove this contract on reasonable grounds, inclUding but not limited to an
attempt by the parties to abridge or impair the rights of any other club, uncertainty or incompleteness in expression of the parties' respective rights
and obligations, or conflict between the tenns of this contract and any collective bargaining agreement then in existence. Approval will be automatic
unless, within ten days after receipt of this concract in his office, the Commissioner notifies the parties either of disapproval or of extension of this
ten.. day period for purposes of investigation or clarification pending his decision. On the receipt of notice of disapproval and tennination, both parties will be relieved of their respective rights and obligations under this
contract.
19. DISPUTES. During the term of any collective bargaining agreement, any dispute between Player and Club involving the interpretation or
application of any prOvision of this contrt:lct will be submitted to final and
binding arbitration in accordance with the procedure called for in any collective bargaining agreement in existence at the time the event giving rise to
any such dispute occurs.
NOTICE. Any notice, request, approval or consent under this
contract will be sufficiendy given if in writing and delivered in person or
mailed (certified or first class) by one party to the other at the address sec
forth in this contract or to such other address as the recipient may subsequently have furnished in writing to the sender.
20.

OTHER AGREEMENTS. This contract, includi.ng any attachment [0 it, sets fotth [he entire agreement between Player and Club and
cannot be modified or supplemented orally. Player and Club represent that
no other agreement, oral or written, except as attached [0 or specifically incorporated in this contract, exists between them. The provisions of this
contract will govern the relationship between Player and Club unless there
are conflicting provisions in any collective bargaining agreement in existence during the term of this contract, in which case the provisiOns of the
collective bargaining agreement will take precedence over conflicting provisions of this contract relating to the rights or obligations of either party.
21.

22.
LAW, This contract is made under and shall be governed by the
laws of the State of

-----------------------------------

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23.
WAIVER AND RELEASE. Player waives and releases any claims
that he may have arising out of, related to. or asserted in the lawsuit entitled
White v. National Football League, including, but not limited to, any such
claim regarding past NFL Rules, the College Draft, Plan B, the first refusaVcompensation system, the NFL Player Contract, pre-season compensation, or any other tenn or condition of employment, except any claims asserted in Brown v. Pro Football, Inc. This waiver and release also extends to
any conduct engaged in pursuant to the Stipulation and Settlement Agreement in White ("Settlement Agreement") during the express tenn of that
Settlement Agreement or any portion thereof. This waiver and release shall
not limit any rights Player may have to perlonnance by the Club under this
Contract or Player's rights as a member of the White class to object to the
Settlement Agreement during its review by the court in Minnesota. This
waiver and release is subject to Article XlV (NFL Player Comract), Section
3(c) of the CBA.

24.

OTHER PROVISIONS.
Each of the undersigned hereby confirms [hat CD this contract,
renegotiation, extension or amendment sets forth all components of the
player's remuneration for playing professional foorball (whether such compensation is being furnished direcdy by the Club or by a related or affiliated entity); and (ii) there are not undisclosed agreements of any ldnd,
whether express or implied, oral or written, and there are no promises, undertaldngs, representations, commitments, inducements, assurances of intent, or understandings of any kind that have not been disclosed to the
NFL involving consideration of any kind to be paid, furnished or made
available to Player or any entity or person owned or controlled by, affiliated
with, or related to Player, either during the term of this contract or thereafter.
(a)

(b)
Each of the underSigned funher confirms that. except insofar as
any of the undersigned may describe in an addendum to this contract, to
the best of their knowledge, no conduct in violation of the Anti-Collusion
rules of the Setrlement Agreement took place with respect to this contract.
Each of the undersigned further confirms that nothing in this contract is
designed or intended to defeat or circumvent any provisions of the Settlement Agreement, including but not limited to the Rookie Pool and Salary
Cap provisions; however, any conduct permitted by the CBA and/or the
Settlement Agreement shall not be considered a violation of this confmnation.

(c)
The Club further confirms that any infonnation regarding the negotiation of this contract that it provided to the Neutral Verifier was, at the
time the information was prOvided, true and correct in all material respects.

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25.

SPECIAL PROVISIONS.

THIS CONTRACf is executed in six copies. Player acknow.ledges that before signing this -contract he was given the opponunity to seek advice from
or be represented by ptISOllS of his own selection.
PLAYER

CLUB

iii' . _ .. " :.10.1....._ ....
·

n.(.).n...... .t\Uu:l~

Teleph.one Number

Club Address

Dat~

Dar,e

p~s

CERTIFIED AGENT

Address
Thlephone Number
Date

Copy Distribution: White-League Office
Green-Member Club
Gold.NFLPA

'.

256

Yellow-Player
Blue-Management Council
Pink-Player Agent