ARTICLE XXIII:
EXHIBITION GAMES AND OFF-SEASON
GAMES AND EVENTS
INDEX
Section 1. Exhibition Games
Section 2. Inter-squad Scrimmage
Section 3. Off-Season Basketball Events
Section 4. Summer Leagues
Section
1. Exhibition Games.
Subject to the provisions of paragraph 2 of the Uniform
Player Contract, players shall be required to participate
in Exhibition games between an NBA Team and a non-member
of the NBA at any location, within or outside the United
States, subject to the following conditions:
(a) The NBA shall supervise the arrangements made with
respect to tournaments or series conducted outside the
United States and the accommodations provided to NBA
players participating in such foreign tournaments or
series.
(b) The NBA shall use its best efforts to establish
an Exhibition game schedule pursuant to which excessive
travel will be avoided and reasonable periods of time
between games will be allotted.
(c) In any year in which it is played, the annual Basketball
Hall of Fame Exhibition game shall be considered as
one of the eight (8) Exhibition games prior to the Regular
Season referred to in paragraph 2 of the Uniform Player
Contract.
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Section 2. Inter-squad
Scrimmage.
In addition to the Exhibition games provided for by
paragraph 2 of the Uniform Player Contract, and during
each of the playoff series conducted during the term
of this Agreement, any Team that qualifies for the playoffs
but is not required to participate in the first round
thereof may arrange and require its players to participate
in one inter-squad game or scrimmage with another similarly-situated
Team, provided that such game or scrimmage is not open
to members of the general public.
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Section 3. Off-Season
Basketball Events.
(a) No player may play in any public off-season basketball
game, summer league (e.g., Southern California Pro League
or the Rocky Mountain Revue Summer League), or public
exhibition or competition of basketball skills (e.g.,
a slam dunk contest or a “tour” organized
by an NBA business partner) (each a “Basketball
Event”) unless such Basketball Event is approved
in writing by the NBA and complies with the terms and
conditions of this Section 3. The NBA will consider
an off-season Basketball Event for approval only if
a request for such approval is submitted in writing
to the NBA, and only if the arrangements made with respect
to any such off-season Basketball Event are confirmed
in writing to the NBA and satisfy the following requirements,
in addition to such other reasonable requirements as
the NBA may impose:
(1) General Requirements.
(i) The Basketball Event takes place on or after July
1, but in no event later than September 15 (or, in
the case of a summer league, September 1);
(ii) Prior to the Basketball Event, each participating
player receives the express written consent of his
Team to participate in the Basketball Event;
(iii) The person(s) organizing the Basketball Event
obtains disability insurance for the benefit of each
participating player’s Team, in an amount acceptable
to the NBA (provided, however, that this requirement
shall not apply to summer leagues); and
(iv) The names and logos of the NBA and/or any NBA
Team are not used or referred to in connection with
the Basketball Event, unless the NBA provides express
written authorization for such use.
(2) Additional Charitable Game Requirements.
The NBA will consider an off-season charitable game
for approval only if, in addition to the general requirements
set forth in Section 3(a)(1) above and such other
reasonable requirements as the NBA may impose, the
arrangements made with respect to such charitable
game also satisfy the following:
(i) The Players Association approves the game (which
approval shall not be unreasonably withheld);
(ii) All proceeds from the sale of tickets to the
game are used for charitable purposes;
(iii) The game is officiated by NBA referees assigned
by the NBA to officiate the game. The person or entity
organizing the game will be responsible for paying
the officiating fees and the actual expenses incurred
for the referees’ lodging and transportation
to and from the referees’ homes to the site
of the game;
(iv) There is at least one (1) NBA Team trainer and
at least one (1) physician present at the game;
(v) The name or likeness of an NBA player is not used,
or referred to, in advertisements or promotions for
or related to the game, except that if the organizer
of the game is an NBA player, such organizer-player’s
name or likeness may be used, or referred to, in such
advertisements or promotions;
(vi) Only current or former professional basketball
players participate in the game;
(vii) The game is not accompanied by an exhibition
or competition of basketball skills (such as a slam
dunk contest), unless such exhibition or competition
has been separately approved in writing by the NBA
and the Players Association;
(viii) Participating players are not paid or compensated
(in excess of per diem and actual reasonable expenses
incurred in traveling to and participating in the
game);
(ix) The organizer guarantees that the game will produce
at least $100,000 for charity, and, if directed by
the NBA and the Players Association, the organizer
(or a third party if the organizer itself is a charity)
posts security for such amount in a form satisfactory
to the NBA and the Players Association which grants
the NBA and/or the Players Association the right to
sue to recover such amount for the benefit of the
charity;
(x) The game is played in the United States or Canada;
and
(xi) The organizer agrees to provide the NBA and the
Players Association with an audited statement of revenues
and expenses, in a form acceptable to the NBA and
the Players Association, within sixty (60) days following
the game.
(3) Additional Summer League Requirements.
The NBA will consider an off-season summer league
for approval only if, in addition to the general requirements
set forth in Section 3(a)(1) above and such other
reasonable requirements as the NBA may impose, the
arrangements made with respect to each summer league
game in which an NBA player participates also satisfy
the following:
(i) Participating players are not paid or compensated
(except as provided under Section 4(c) below);
(ii) NBA players do not participate in an exhibition
or competition of basketball skills (such as a slam
dunk contest), unless such exhibition or competition
has been separately approved in writing by the NBA;
(iii) There is at least one (1) trainer or at least
one (1) physician or other emergency medical personnel
present at the game; and
(iv) The game is played in the United States or Canada.
(b) Notwithstanding any other terms of this Section
3, and without limiting the right of the NBA to approve
all arrangements of a proposed Basketball Event, the
NBA may, in its sole discretion, require, as a condition
of its approval of a Basketball Event (other than a
charitable game or summer league), that the Basketball
Event organizer pay an appropriate fee to the NBA prior
to the commencement of the Basketball Event.
(c) For purposes of this Section 3, off-season games
in which an NBA player participates on behalf of his
national basketball federation as part of an international
FIBA competition (e.g., the Olympics and World Championships),
and the preparatory Exhibition games in connection therewith,
are excluded from the definition of “Basketball
Event;” provided, however, that such exclusion
shall not apply to any preparatory Exhibition game (other
than games involving the U.S. national team) played
and/or telecast in the United States.
(d) Notwithstanding anything to the contrary in this
Agreement, a Veteran Free Agent remains subject to the
provisions of this Section 3 until the September 1 following
the last Season of his Player Contract; provided, however,
that any such Veteran Free Agent shall be permitted
to sign a contract with and play in basketball games
for a team in a professional basketball league other
than the NBA beginning on the July 1 immediately following
such Season (or prior to July 1 if approved in writing
by the NBA).
(e) The NBA shall have the exclusive right to (and to
authorize third parties to) telecast or broadcast by
radio any Basketball Event (in whole or in part) that
is approved for NBA player participation in accordance
with this Section 3.
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Section 4. Summer
Leagues.
(a) No NBA Team may simultaneously enroll more than
four (4) Veterans in any summer basketball league during
an off-season. For purposes of this Section 4(a), the
following players are not considered Veterans:
(1) a player who has never signed a Player Contract
or whose first Player Contract begins with the Season
immediately following the off-season in which such
summer league is to be conducted;
(2) a player not under contract to an NBA Team at
the time he enrolls in such summer league;
(3) a player under contract to an NBA Team but who
missed twenty-five (25) or more of the Team’s
games during the Regular Season immediately preceding
such off-season due to injury or illness; and
(4) a player who played for a team in the NBA Development
League or any other U.S.-based professional league
during all, or any portion, of the Regular Season
immediately preceding such off-season.
(b) Prior to playing in a summer basketball league,
each player who is under contract with a Team for the
following Season shall be provided by his Team, and
requested to sign a “Form Regarding Summer League
Participation” as attached hereto as Exhibit E.
(c) The only compensation that may be paid by a Team
or any person or entity affiliated with a Team to a
player participating in a summer basketball league is
a reasonable expense allowance for: (1) meals, but no
greater than that set forth in Article III, Section
2; (2) lodging; and (3) transportation to and from the
player’s home to the site of the summer league,
and to and from the site of the player’s lodging
during the summer league to the site of summer-league-related
activities. In addition, the Team may purchase a disability
insurance policy for the player covering the term of
the applicable summer league.
(d) No Team shall schedule, and no player shall participate
in, a summer basketball league that is scheduled to
extend, or does in fact extend, past September 1 of
any calendar year.
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