Welcome To P8ntballer.com
The Home Of European Paintball
Sign Up & Join In

New NXL Player Contract--Enforceable?

Baca Loco

Ex-Fun Police
Below is the current "contract" the Commish wishes all NXL players to sign. For all those players that have ACTUAL contracts with their respective teams I say fine as it's reasonable to assume the players are getting something out of the arrangement. However, for those who don't, who simply have an "understanding" or a verbally communicated expectation or aren't really being compensated except in free paintball this is utterly ridiculous because it binds the players to a set of strictures designed to protect the teams.
If the league wants to do stuff like this--which isn't unreasonable from their perspective and is in keeping with professional sports leagues--they need to cover the other side of the equation, players rights, too, or else the players need to organize and require certain basics from the league and teams in return for accepting such restrictions on their opportunities to play.

On a separate note I am curious how legally binding this would be. Anybody have any legal ideas?

Who willl be Paintball's Curt Flood? (Old guy's obscure American baseball reference. Google if curious.)

PS--This one's for you, Missy.

______________________________________
NATIONAL X BALL LEAGUE™ PLAYER CONTRACT By signing this contract, the undersigned player (Player) agrees that he/she has received, read, and understands the National X Ball™ (NXL™) League (League) and Game rules as set forth by the National X Ball League™ (in schedule A and B respectively) and agrees to abide by them for the term of his tenure in the League. The Player understands that League and Game Rules may be amended from time to time in accordance to the League rules and will be made available to him/her through the Team Administration (Team) and that it is not the responsibility of the League to ensure that the player has the updated League and Game rules. The League shall publish amendments to the League and Game rules on the League’s website (www.nxlpaintball.com) when it is not to the detriment of the League’s integrity as so deemed by the League. This contract does not obligate the player in any way other than stated above and does not exempt the Player from Team rules and/or contracts.
Acknowledged this _______ day of _______________________ in the year of _________. By the Player, (print name here): ___________________________________
Signature For the NXL: ____________________________ Michael J. Ratko, Commissioner
February 1, 2006

Page 2 NXL™ PLAYER CONTRACT
SCHEDULE A – LEAGUE RULES 1. League rules (i.e. not pertaining to the game of X Ball™) are passed by vote of NXL™ Team (Team) owners (or their designates). An NXL Team may be a Franchise Team or a Non-Franchise Team. a. It takes a 2/3 majority of the Teams (an NXL standard) to pass an item pertaining to a League rule. 2. A proposed change in the Game rules must be discussed and passed by a simple majority of the Rules Committee before going to the Teams for a vote. a. The Rules Committee consists of a players and owners for an even number. b. The Commissioner is a member of the Rules Committee and will cast the deciding vote in the case of a tie. c. The Teams must pass a proposed change to the Game rules by a 2/3 majority vote. 3. Player Movement: This rule has been formulated to protect the investment and interest of the Team owners as well as the rights of the Players. A Team owner may invest significant time and money in developing a Player and may provide the Player with equipment to play the Game. A Player may be expected to return equipment or payback part of the investment upon leaving a Team. This rule provides the Team owner some assurance that the Player will not be able to continue in the League until the appropriate conditions are met. As well, it is in the Player’s best interest to ask to be traded and participate in the process so that the Team owner cannot make future or ongoing claims against the Player. a. When a Player joins a Team, he/she may be required to sign a contract with the Team with certain stipulations.
i. The NXL will honor all Team contracts, written and unwritten and will not allow a Player to continue active play in the League until the dispute is resolved.
ii. A Player does not cease to be a member of a Team at the conclusion of a season unless specifically indicated in a contract. A Player continues to be a member of the Team until such time as he/she is cut from the team, quits, or is traded. b. A Player may be traded by request of the owner, or the owner may trade a Player in exchange for other needed resources such as, and not limited to, cash, sponsorship, equipment, and/or players.
i. In order for a trade to be deemed complete, acknowledgement from both team is required that trade has been completed.
ii. If either team fails to contact the Commissioner or indicates that the agreed upon terms of the trade have not been completed, then that trade is deemed to be null.
February 1, 2006

Page 3 NXL™ PLAYER CONTRACT
c. A Player that does not wish to be traded should make every effort to resolve the issue with the Team owner and the Team owner should make every effort to work with the Player to everyone’s mutual benefit. i. In the event that a Player’s interest cannot be served by a trade, the Player may quit the Team.
d. A Player that quits a team is immediately assigned to the lowest place team in the League. i. The lowest place team in the League may keep the player on the team or “waive” its rights to that Player. ii. The Player will then be assigned to the next highest team in standings. (The standings used prior to the start of the season will be from the playoffs of the previous season otherwise, it will be the standings at the time the player quits.) iii. This process can continue until the Player finds himself/herself on a Team that wants their services (except for the team they just left). iv. If a Player is traded, cut, or quits a Team, a Player cannot rejoin that team for a period of one (1) year from the date the Player leaves the team. v. A Player that “clears” waivers (i.e. no Team has picked him/her up) may join any Team they wish (and that wants them). e. A player that refuses to be traded or fails to report to the assigned team, will be suspended from the NXL for a period of six (6) months. i. A Player can return to the NXL before the six (6) month suspension is finished by reporting to the current last place team (except during the playoffs. f. It is the Player’s and the Team’s responsibility to advise the Commissioner that a player has left the Team. i. The effective date of leaving a Team is the date the Commissioner has been notified that a Player has left a team. (e.g. If a player leave a Team at the end of the season in November and the Commissioner is not notified until February 10th, the effective date of leaving the Team is deemed to be February 10th.) 4. Reserve Players a. A Player that appears on a NXL Game roster, whether they actually play in the game or not, is deemed to be on the roster of that Team unless noted that the Player is a reserve Player. b. Each team is allowed to have five (5) Players designated as reserve Players that can play in a maximum of 10 games per season, in addition to the 18 rostered Players.
February 1, 2006

Page 4 NXL™ PLAYER CONTRACT
i. The 10 game limit is waived if the Player is replacing an injured Player (see below). c. A player may be a reserve Player for only one Team at a time and must wait for the last played Team to play five (5) games before signing with another Team. i. A regular rostered Player cannot be “demoted” to a reserve Player. “Expired” reserve Players or cut reserve Players do not have to clear waivers (only wait 5 games). ii. Reserve Players CANNOT play in playoff games (except for injured players – see below). d. An injured Player must supply a medical note to the Team AND the League. i. An injured player cannot play in any other League (otherwise the Player is not deemed to be injured). ii. A reserve Player may be used in place of the injured Player if the injured Player will miss more than 10 consecutive games. iii. The injured-reserve Player must come from the list of reserve Players. iv. The 10 game limit is waived when playing for an injured Player. v. An injured-reserve Player may play in the playoffs, but once they start in the playoffs, the injured Player cannot return. 5. Locked Rosters a. Team rosters are locked approximately three weeks prior to the start of the playoffs. i. The Commissioner will send out notification well in advance of the date that the rosters will be locked. b. A player that is not on the submitted roster, will not be able to play in the playoffs except in the case of an injury. i. If a team does not have reserve players listed, they will not be able to replace the injured player.
___________________________________________
 

Chicago

New Member
Jan 31, 2005
1,380
0
0
Visit site
I guess I don't see what the problem is?

If you don't have a contract with a team, then you can quit whenever you want or join another team whenever you want. If you DO have a contract with a team, and you choose not to abide by the terms of the contract, then the league won't let you play for another team in the league.

Seems pretty fair to me.

Whether or not the contract is "enforcable" isn't a relevant question. There's nothing to enforce. The only penalty is the league doesn't let you play, which is a right the league already has. Making you sign it just means you can't pull the "I didn't know I couldn't just ignore the contract I signed with my team to jump ship to another one!"
 

Baca Loco

Ex-Fun Police
Originally posted by Chicago
1--I guess I don't see what the problem is?

2--If you don't have a contract with a team, then you can quit whenever you want or join another team whenever you want.

2A--If you DO have a contract with a team, and you choose not to abide by the terms of the contract, then the league won't let you play for another team in the league.

3--Seems pretty fair to me.

4--Whether or not the contract is "enforcable" isn't a relevant question. There's nothing to enforce. The only penalty is the league doesn't let you play, which is a right the league already has. Making you sign it just means you can't pull the "I didn't know I couldn't just ignore the contract I signed with my team to jump ship to another one!"
1--I noticed. :)
2--no, actually you can't, because the league is restricting player movement.
2A--which is fine--as I noted originally.
3--the problem revolves around those players--and there are plenty of them--who have no contracts with their respective teams.
4--the history of sports labor law since Curt Flood suggests the league doesn't have total control over precisely that.
And if the league already has that right it hardly matters whether a player knows it or not, does it? The plain purpose of this contract is to regulate the players fairly or unfairly and if the league wants to be professional then it should also insist on player contracts between each team and it's players. Nor are you taking into account this season's mix of franchises and non-franchise teams.
My objection is there is no player protection for the agreement to abide by restrictive movement or opportunity requirements.
 

Chicago

New Member
Jan 31, 2005
1,380
0
0
Visit site
I guess I'm reading that all as being predicated on the first condition, that the player signs a contract with a team, and if they don't, it doesn't apply.

If that's not the case, then some of it makes sense, and some other parts of it seem.... obsessive. If I quit a team, why should I be treated any differently than a player who has never been on a team?
 

Missy Q

300lb's of Chocolate Love
Jun 8, 2005
552
0
0
East Side
www.tshirthell.com
this means more to some teams than to others. A team like Docs raiders, that traditionally has been a 'pick-up' team, and has done so with some success, or a team that knows it has to strengthen through the season to compete, will be at a bigger disadvantage to teams with deeper, more talented rosters. Players that get left out in the cold will have nowhere to go. This is the owners opportunity to protect themselves, but at the cost of the players involved.


I wondered when the owner vs player connundrum was going to come into play, and it is no suprise to me that due to the current NXL situation, where league owners are also franchise owners, that it should happen here first.

An inevitable development but definitely cart b4 the horse as regards the maturity of the sport and the players involved in it.

Least thats the way I read it.


Loco - The feeling of relief I have that you are indeed the equal opportunity activist I always thought you were is overwhelming. I have tears in my eyes. Makes me so proud....sob.....
 

Baca Loco

Ex-Fun Police
Originally posted by Missy Q
I wondered when the owner vs player connundrum was going to come into play, and it is no suprise to me that due to the current NXL situation, where league owners are also franchise owners, that it should happen here first.

Loco - The feeling of relief I have that you are indeed the equal opportunity activist I always thought you were is overwhelming. I have tears in my eyes. Makes me so proud....sob.....
It's come up here first because the owners and/or the league as representative of the owners' interests wants its cake and to eat it too. I'm not opposed to the general idea--I'm opposed to enforcing it on players who have no reciprocal rights or guarantees. And while it may be starting here it won't be ending here.

So then since factions of the MS are being thrashed elsewhere for the NPPL's poor communication skills and the NXL is taking some heat here are you prepared to talk about either A) How this MS/NPPL scheduling conflict could be interpreted or B) the 06 season gun rules for the NPPL? Fair's fair, yes? :)
 

Missy Q

300lb's of Chocolate Love
Jun 8, 2005
552
0
0
East Side
www.tshirthell.com
I already started on the first one in another thread, and when I know the second one and am clear on it myself I am resigned to debating it with you, whether I agree with it or not. You may find me less than convincing (but then you usually do..;) )

I have strong views on gun-cheats and stronger views on painball being played without adequate insurance. Both these things could spell D-O-O-M for paintball in varying ways and I don't think either league is in a 'better' position.
 

Baca Loco

Ex-Fun Police
Originally posted by Missy Q
I already started on the first one in another thread, and when I know the second one and am clear on it myself I am resigned to debating it with you, whether I agree with it or not. You may find me less than convincing (but then you usually do..;) )

I have strong views on gun-cheats and stronger views on painball being played without adequate insurance. Both these things could spell D-O-O-M for paintball in varying ways and I don't think either league is in a 'better' position.
Out of deference to Pete's conundrum I won't turn the other thread into a circus of wild conspiratorial conjecture--instead I'll save it for a rainy day.
As to the gun biz it won't be much fun if even you don't believe what you're peddling but I'll do for the instructive value alone. :)
 

Chicago

New Member
Jan 31, 2005
1,380
0
0
Visit site
Originally posted by Missy Q
I have strong views on gun-cheats and stronger views on painball being played without adequate insurance. Both these things could spell D-O-O-M for paintball in varying ways and I don't think either league is in a 'better' position.
PSP has guns that are too fast, but almost no cheating. NPPL has a ulre that would put guns at the right speed, but enforcement that is so bad the guns are faster than PSP guns.

Insurance, everybody has insurance. None of it covers injuries except from negligence, if you're a player, you need medical insurance, same as if you were to play any other sport where you're not an employee.
 

Missy Q

300lb's of Chocolate Love
Jun 8, 2005
552
0
0
East Side
www.tshirthell.com
Chicago, I understand what you are saying, but you are oversimplifying a complex and dangerous situation. fact is that players generally do not have health insurance that would cover them for the circumstances they could be inhjured. They would have to seek compensation from the league, and in the litigious US climate a good lawyer could and would shut the league down. The ramifications of this at a field level would be very damaging.

Loco, I will try to make it as much fun as I can. Don't be suprised if I have little new to say. Contrary to popular (your) belief I do prefer to look at things logically and reasonably. :eek: