Why the UFL needs a Union / Commentary on UFL-NFL Relationship

From Story on UFL Website:

In honor of National Breast Cancer Awareness Month and his dear friend, Annie Arth,
who passed away after battling both breast and ovarian cancer, Novak has pledged $50
for each field goal he makes during the 2010 season.

“I’ve always wanted to start a foundation, but I don’t have the revenue to do it. Knowing
someone who’s gone through it, I imagine everyone out there has gone through it in some
way. I have a purpose out there, other than making the field goals. I’m trying to raise as
much money as possible in the process.” http://www.ufl-football.com/news/novak-helps-
breast-cancer-fight-honors-friend-process

Revenue. It is what professional sports is all about. Kickers take far fewer hits and typically
have longer careers if they can keep the ball straight, but in a vocation where the average career is
3.5 years and long-term health benefits and pensions are a long-shot, every dollar matters.
According to Sports Illustrated, 78% of Players are broke/bankrupt 2 years after they retire from
football.

Nick Novak has in some way played in 8 different NFL cities and the Cologne Centurions in
Europe. He seems to keep his head up with every move and understands that the “F” in NFL
sometimes stands for “Fickle.” However, the goal in professional sports is to maximize income.
Nick’s website reveals ways in which a Player can try and do that. Yet, even his website is in
apparent violation of his UFL contract if it was not pre-approved. Why?

Unlike the NFL and CFL, the UFL does not have a Player’s Union and has a contract that pays
less and takes more than ALL of the other sports leagues in most instances, including the NFL,
CFL & AFL. In fact, it is simply overbroad and unfair.

The Contract grants the UFL “exclusive authority to use his name, image, picture, likeness,
facsimile, signature, and biographical information (collectively “likeness”) for licensing,
publicity, sponsorship, and promotional purposes.” Thus, every player’s website is in technical
violation.

It also states, “during the UFL playing season he will not make public appearances, participate in
radio or television programs, permit his picture to be taken, write or sponsor news-paper or
magazine articles, or sponsor commercial products without the prior written consent of both the
Club and Management, which such consent may be withheld in their sole discretion.” Read that
again- A Player cannot make public appearances or have his photo taken without prior written
consent of the team and the league. That is impossibly preposterous.

The Contract also forbids, “any third party to identify Player as a member of the Club or as a UFL
player.” So if any media is writing about the accolades of any Player, well, that Player is in
violation. ESPN better not come near the UFL or name Player’s names! WHAT?

These provisions prove why a Union is necessary. The overwhelming majority of these Players
need this job and would sign the Contract no matter what it says. Some of these Players depend
on promotion, camps and endorsements to make ends meet and get enough publicity to make it
into the NFL or a higher paid spot in the CFL. Some, like Novak, use their image to do good
things. However, the UFL Contract doesn’t make exception. I’ve volunteered to review the

 
  

Contract for free, to assist the UFL and to advocate for Players. I am still waiting on a call
back… it’s been months.

So, how long are these burdensome rights are owned by the UFL?

Unless sooner suspended, terminated or extended in accordance with the terms

and conditions set forth herein, the term of this contract and Player’s services hereunder
shall begin on June 1, 2010 and continue through and conclude on February 28, 2011 (the
"Term"). Provided that Player is employed by the Club at the end of the final game of the
2010 season, upon notice delivered to Player on or before February 15, 2011, the club
shall have the exclusive right, during the period beginning on the date of such notice and
continuing through and ending on September 15, 2011, to bargain with Player for his
services as a UFL football player during the 2011 season.

Wow. So, according to the face of the Contract, the UFL can terminate a Player for essentially
any reason, but if they don’t, they maintain their rights to the Player until after the NFL season
and possibly to the start of the next season. Why? Control.

Keep in mind the UFL Schedule runs from September to late November, with the final game on
November 27. So, at least there is some overlap in which a Player can finish the UFL season and
enter the NFL, as the NFL regular season ends January 2. Yet, the UFL owns the Player’s rights
until after the NFL season and possibly until the beginning of the next season.

And what rights does the UFL own or how can a Player get out of it?

3. EXCLUSIVITY/RELEASE.
(b) Notwithstanding subparagraph (a) above, on or after November 28, 2010, upon
Player’s written request, the Club, Management and/or the League may, in their sole
and absolute discretion, agree to terminate this contract and Player’s employment
hereunder (i.e. "Release" the Player), subject to and in accordance with the following
terms and conditions:
(i) On or after November 1, 2010, after giving written notice to the Club and
Management, subject to subparagraph (b)(ii), below, Player may negotiate with any team
that is a member of the National Football League ("NFL"), provided however, that in
no event may Player try out for an NFL team or otherwise participate in any workouts or
football-related activities during the 2010 UFL season. Upon Player’s written request, the
Club will provide Player with copies of such medical records as the Club may have in its
possession pertaining to Player and Player shall be free to share such medical records
with the NFL.
(ii) Player acknowledges that he shall not willfully perform, or threaten to perform, at a
level below his full capabilities or otherwise withhold, or threaten to withhold, services
he has agreed to render under this contract, including his duty under Paragraph 2 herein
to give his best efforts and loyalty to the Club, and that if the Club determines that he has
done so, the Club will refuse to Release the Player.
(iii) Further, Player shall not enter into any agreement, whether written or oral, with the
NFL or any NFL team to provide services of any kind until after Player has been given a
Release in accordance with the terms of this subparagraph (b).
(iv) Player acknowledges and agrees that he may only receive a Release pursuant to this
subparagraph (b), upon payment of One Hundred Fifty Thousand Dollars
($150,000.00) (the "Release Fee’), to be paid to Management by Player, the NFL, an

 
  

NFL Club or any combination thereof. Such Release Fee may be reduced or waived at the
sole and absolute discretion of the Commissioner.

So, in other words, the Commissioner has the sole discretion to determine if a UFL Player can
play in the NFL after his UFL season is done. For these rights, the UFL typically pays the Player
$50,000, receives all the services the Player can offer them, gives up most rights with regard to
endorsements (and even having his photo taken or entering the public domain), and the League
will agree to sell these rights if it receives $150,000? To me, that is unconscionable.

I understand the UFL maintaining the integrity of its teams and not desiring to be like a AAA
baseball squad, a call-up or two away from going from the top to the middle of the pack very
quickly, but there are only 5 teams and plenty of guys lining up to take those spots. The UFL
would do better feeding the NFL than blocking Players from a promotion. Imagine if a UFL
quarterback was starting for the Jacksonville Jaguars instead of Todd Bouman. The NFL could
show highlight packages and be a commercial for the UFL, rather than having animosity toward
it. I will admit full ignorance of the details of the relationship between the NFL and UFL, but
I’ve heard many team front office people and scouts laugh it off. It’s too bad.

I’d recommend any and every Player deciding between the CFL and UFL choose the CFL,
although the season is longer. Right now, you are simply giving up too many legal rights,
enforceable or not, with the UFL. I’d also recommend UFL Players hire a lawyer/agent that
understands the law, because this contract has a lot of traps. If opportunities arise, you need
someone ready to tackle the UFL. If it means anything, my office is right across the street from
the UFL’s headquarters.

John M. Phillips
BTSA- The Breakthrough Sports Agency
Morgan & Morgan
76 South Laura Street, Suite 1100
Jacksonville, Florida 32202
(904) 361-0075
jmp@mybtsa.com
www.mybtsa.com