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Monta Ellis May Be On His Own Island

Monta Ellis is starting to make the news again today following his surgery last Wednesday on his left ankle, which will leave Golden State’s starting point guard on the bench for at least three months.  Baron Davis is gone, and the Warriors were banking on Ellis to step right into his role, signing Monta to a six-year deal worth $66 million.  Normally, this type of issue would be an ESPN headline, but would not be covered on this blog.  But Monta’s situation is unique, as he injured his ankle during the offseason, in his hometown, while he was “working out”.  In fact, the injury occurred outdoors, and not in a gym.  Who cares?  Monta Ellis and his agent, Jeffrey Fried of Peake Management Group do.

If Monta Ellis is found to have participated in activity banned by his Uniform Player Contract, his contract could be terminated at worst (if it were a career ending injury), or at a minimum, may be fined or suspended by his team.

Paragraph 12 of the NBA Uniform Player Contract reads as follows:

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.

The fact that Monta Ellis lied in the first place makes me doubt that he was partaking in one of the acceptable activities listed at the end of Paragraph 12.  The guy was definitely not playing handball.  Most likely, he was playing a pick-up game of basketball or playing a friendly game of football.  Additionally, Ellis will need to prove that whatever activity he was partaking in was one that a reasonable person would not recognize as one that may involve the potential of significant risk.  Good luck to Mr. Ellis and his agent.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.

3 replies on “Monta Ellis May Be On His Own Island”

What are the chances that his contract gets terminated? Even if he is hurt, he will still be back in 3-4 months, and this is a 6 year deal. Is the team seriously considering this? By the way, nice pickup of PG Marcus Williams from the Nets a couple of months ago, talk about a golden opportunity.

[…] 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. […]

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