Categories
NBA Players NBA Teams Sports Law

Monta Mo-ped Ellis

Looks like Monta Ellis may in fact be on his own island.  At least he has an agent, Jeff Fried, to help him along in the process of trying to resolve the mess Monta currently finds himself in.  However, this is the same agent who may have played a role in Ellis initially lying to his team regarding the reasoning behind an August surgery to repair an injured ankle.  Ellis will be sidelined for at least three months in the first year of his newly signed $66 million six-year contract with the Golden State Warriors.  It has officially been reported that the injury is a result of a mo-ped accident, not a basketball related activity.

On September 9th, I looked at Paragraph 12 of the NBA Uniform Player Contract, which details activities that are banned by all teams.  Participating in any of the activities highlighted could effectively allow the Warriors to terminate Ellis’ contract at worst or at least warrant a fine and/or suspension.  It is highly unlikely that Monta Ellis finds himself without a job based on his mo-ped accident, especially because he should only miss three months of a six-year contract; however, I would not be surprised if he gets fined in a punative measure.  Let’s revisit Paragraph 12.  Notice in particular, item iii.

12.OTHER ATHLETIC ACTIVITIES.
The Player and the Team acknowledge and agree that the Player’s participation in certain other activities may impair or destroy his ability and skill as a basketball player, and the Player’s participation in any game or exhibition of basketball other than at the request of the Team may result in injury to him. Accordingly, the Player agrees that he will not, without the written consent of the Team, engage in any activity that a reasonable person would recognize as involving or exposing the participant to a substantial risk of bodily injury including, but not limited to: (i) sky-diving, hang gliding, snow skiing, rock or mountain climbing (as distinguished from hiking), rappelling, and bungee jumping; (ii) any fighting, boxing, or wrestling; (iii) driving or riding on a motorcycle or moped; (iv) riding in or on any motorized vehicle in any kind of race or racing contest; (v) operating an aircraft of any kind; (vi) engaging in any other activity excluded or prohibited by or under any insurance policy which the Team procures against the injury, illness or disability to or of the Player, or death of the Player, for which the Player has received written notice from the Team prior to the execution of this Contract; or (vii) participating in any game or exhibition of basketball, football, baseball, hockey, lacrosse, or other team sport or competition. If the Player violates this Paragraph 12, he shall be subject to discipline imposed by the Team and/or the Commissioner of the NBA. Nothing contained herein shall be intended to require the Player to obtain the written consent of the Team in order to enable the Player to participate in, as an amateur, the sports of golf, tennis, handball, swimming, hiking, softball, volleyball, and other similar sports that a reasonable person would not recognize as involving or exposing the participant to a substantial risk of bodily injury.

Since driving a mo-ped is clearly one of the activities prohibited by Paragraph 12, the Warriors will have the right to levy a penalty and the Commissioner’s office may do so as well.

By Darren Heitner

Darren Heitner created Sports Agent Blog as a New Year's Resolution on December 31, 2005. Originally titled, "I Want To Be A Sports Agent," the website was founded with the intention of causing Heitner to learn more about the profession that he wanted to join, meet reputable individuals in the space and force himself to stay on top of the latest news and trends.

Heitner now runs Heitner Legal, P.L.L.C., which is a law firm with many practice areas, including sports law and contract law. Heitner has represented numerous athletes and sports agents as legal counsel. He has also served as an Adjunct Professor at Indiana University Bloomington from 2011-2014, where he created and taught a course titled, Sport Agency Management, which included subjects ranging from NCAA regulations to athlete agent certification and the rules governing the profession. Heitner serves as an Adjunct Professor at the University of Florida Levin College of Law, where he teaches a Sports Law class that includes case law surrounding athlete agents and the NCAA rules.