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SI's Andrew Brandt: The QB Contract Mirage


SenorGato

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http://mmqb.si.com/2014/08/14/nfl-qb-contracts-colin-kaepernick-andy-dalton/

 

Pay as you go

 

Readers of this space know that not only are the total amounts of NFL contracts skewed—they are just numbers on a page, nothing more—but also the more important barometer of “guaranteed money” is rarely accurate. These true values of contracts are the quiet reality of the business. Indeed, both the league and its teams certainly do not want to broadcast how advantaged the NFL is with player compensation compared to other major sports leagues.


Yes, there are guarantees, but those are activated on a year-to-year basis. While the quarterback extension class of 2013—Joe Flacco, Tony Romo, Aaron Rodgers, Matt Ryan, Jay Cutler—also have “rolling” guarantees, the amounts fully guaranteed at the time of signing were all roughly double those of Kaepernick and Dalton.The roughly $100 million advertised on both the Dalton and Kaepernick contracts can only become reality if the Bengals and 49ers decide each year for the next six years that the players are worth the scheduled compensation. In other words, both teams can “pay as they go” or move on with no further remaining financial obligations. Giving Dalton and Kaepernick the benefit of the doubt of at least two years (even though there is no true guarantee after this year), they both essentially signed two-year, $25 million deals. Beyond that, we’ll see.

 

Teams like the Bengals and 49ers are able to rationalize their structure by hiding behind an archaic NFL funding rule requiring future skill guarantees to be funded in the current fiscal year (injury-only future guarantees do not need to be similarly funded). Agents and players accept the funding argument, as (1) they see other agents and players on their teams accepting it, and (2) they will trade on this structural issue to achieve the numbers they want.

It is one thing for teams to have this kind of structure and leverage with average or fringe players. However, quarterbacks are their most important players on the team.  Major League Baseball and NBA owners, who fully guarantee contracts of all levels of players, must breathe heavy sighs upon seeing NFL contracts.

Let’s see how this leverage begins and continues.

 

Rookie returns

 

For NFL teams, the revised rookie compensation system is the gift that keeps on giving. Drafted players sign mandatory four-year contracts at fixed and reasonable rates with no opportunity for renegotiation until they have played three seasons. This fact alone gives teams powerful leverage in putting a carrot in front of players with the prospect of earning multiples of that number for the final year of these contracts.

 

With both Dalton and Kaepernick scheduled to make approximately $900,000 in 2014, the Bengals and 49ers placed offers in front of them that—between bonuses and salaries—dwarfed that amount (in Kaepernick’s case, $13 million; in Dalton’s, $17 million). Few players have the risk tolerance and fortitude to turn down $13-17 million to play for $900,000 in an injury-riddled sport.

 

With that leverage and the carrots they have, teams like the 49ers and Bengals dictate terms beyond the first year. And while those early earnings are impressive, they allow teams to control other parts of the contract.

 

Kaepernick-sized risk

 

The 49ers have protections in Kaepernick’s contract that are rare for players of his caliber. Among them are (1) an annual guarantee activation date in April of each year, almost six weeks beyond the usual trigger date of right after the Super Bowl, (allowing the 49ers three weeks to trade Kaepernick if they should ever so desire); (2) de-escalators reducing future compensation if Kaepernick does not meet certain playing thresholds and (3) a requirement for Kaepernick to purchase a disability policy with the 49ers as beneficiary. I have been told that the Kaepernick contract now regularly comes up in player contract negotiations, with one agent starting a recent extension with a team saying, “Hey, don’t Kaepernick me here!”

 

 

 The 2011 CBA allows team to place a fifth-year option, at their complete discretion, on first-round picks, so long as the option is affixed during a scheduled period after the player’s third year. Naturally the Panthers took advantage of that team option with Newton, giving them another year of control before a major investment. Similarly, come next spring the Colts, Redskins and Dolphins will place the fifth-year option on 2012 first-rounders Andrew Luck, Robert Griffith III and Ryan Tannehill, respectively, giving the teams an additional year of contract control over their most important players.

 

 

Great article on that and touches on the O'Bannon vs. NCAA case. 

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