The CBA Glossary

An explainer thing for the NBA's Collective Bargaining Agreement


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Other provisions of note

International buyouts

Jusuf Nurkic was set to receive less than 120% of the rookie scale, the customary amount. And in doing so, it was mentioned that he would be the highest first-round pick to ever do so.

Not quite. It turns out this is a misreporting on my part. Nurkic will receive less than the salary of the 120% rookie scale amount, but he will count on the cap for the 120% amount. Nurkic’s buyout with Cedevita was for larger than the amount NBA teams can pay cap-exempt ($600,000 this season), and while teams are eligible to pay more than that amount in an international player’s buyout, they must do so by putting any amount greater than that paid into the cap hit in the form of a signing bonus. This is not especially to do in a rookie scale contract, with its fixed parameters, but it is doable if sufficiently small. The figures listed for Nurkic were an even $350,000 smaller than what the full rookie scale would have been, and that is the extra amount of buyout Denver paid, charged as a signing bonus.

These rules were known to me, of course, and the practice is not uncommon. Bismack Biyombo, Andrea Bargnani and several others have been in this same situation, getting less than the full 120% in actual salary yet counting against the cap as the full 120% (and to anyone other than the people signing and receiving the cheques, i.e. us team building fans, only the cap number matters). Nevertheless, it was understood in the instance that the figures given were the actual cap hits and thus included the buyout signing bonus. It was counter checked and passed both tests. And yet now the opposite is said to be true, that Nurkic is signed for the full 120%, and that the whole issue is irrelevant.

 

 

 

physicals and voids:

The player must report for such physical examination at the
time designated by the Team (which shall be no later than
the third business day following the execution of the
Contract), and must, upon reporting, supply all information
reasonably requested of him, provide complete and truthful
answers to all questions posed to him, and submit to all
examinations and tests requested of him. The determination
of whether the player has passed the physical examination
shall be made by the Team in its sole discretion, exercised in
good faith, in consultation with one or more of the Team’s
physicians; and a Team shall have the right to determine in
good faith that a player has failed to pass the physical
examination due to the risk of a future injury, illness, or
other medical condition notwithstanding that the player is
currently able to play. If the player does not pass the physical
examination, the Team shall so notify the player no later than
the sixth business day following the execution of the
Contract.
(ii) The Team’s determination that the player has passed the
physical examination shall be a condition precedent to the
validity of the Contract. Accordingly, and without limiting
the generality of the preceding sentence, until such time as a
player has passed the physical examination, the prohibitions
Article II 63
set forth in Section 13(b) above shall continue to apply to
the Team and player.
(iii) A Required Tender or a Qualifying Offer may contain an
Exhibit 6. If a player accepts such a Required Tender or
Qualifying Offer but does not pass the required physical
examination, the Required Tender or Qualifying Offer shall
be deemed to have been withdrawn, which shall have the
consequences described in Article X, Section 4 or Article XI,
Section 4, as the case may be.
(i) A player who knows he has an injury, illness, or other medical
condition that renders, or he knows will likely render, him unable to perform
the playing services required under a Player Contract may not validly enter
into such Contract without prior written disclosure of such injury, illness, or
other medical condition to the Team.

 

An NBA contract can become void for three main reasons: the Commissioner rejects it, the player fails a physical examination that was made a condition of the contract (through Exhibit 6), or a trade involving the contract is later rescinded. When any of those things happen, the NBA essentially acts as though the contract was never signed. The team keeps whatever rights to the player it had before the contract was signed.- for example, if they signed a second-round pick who failed his physical on his first NBA contract, the team gets to keep the draft rights. ⓘ Article II (Uniform Player Contract) Section 14 (Void Contracts):

If a Player Contract fails to take effect or becomes void as a result of a Commissioner disapproval, the player’s failure to pass a physical examination conducted pursuant to Exhibit 6 to such Contract, or the rescission of a trade conducted pursuant to Article VII, Section 8(e), then, in each such case:

(a) the Team shall continue to possess such rights with respect to the player as the Team possessed at the time of the execution of the Contract, including, without limitation, any such rights that the Team possessed pursuant to Article VII, Section 6(b), Article X, and Article XI

If the player had an outstanding Required Tender or Qualifying Offer before signing the now-void contract, that offer is automatically revived. Even if the original deadline for accepting the offer would have passed while the contract was in effect, the player still gets another opportunity to accept it. ⓘ Article II (Uniform Player Contract) Section 14 (Void Contracts):

(b) any Required Tender or Qualifying Offer that was outstanding at the time the Contract was executed shall continue in effect as if the Contract had not been executed (including if the original deadline for accepting the Required Tender or Qualifying Offer expired following the execution of the Contract), but for no fewer than six (6) business days following the Commissioner’s disapproval, the Team’s issuance of notice to the player that he did not pass the physical examination, or the rescission of such trade, as the case may be

However, despite the above, if the contract became void because the player failed a physical, the player cannot immediately fall back on accepting the old tender or qualifying offer. Instead, there is a two-business-day waiting period, and during those two days, the team can decide whether it still wants to keep the offer outstanding. The team may withdraw the Required Tender or qualifying offer during that period, and if it does, the normal consequences of withdrawing such an offer (for example, losing the right to match offer sheets) also apply. If the team does not withdraw the offer within those two days, the offer stays alive and can be accepted, but any physical-exam condition is automatically removed. The player can then accept the offer without being required to pass another physical as a condition of the contract. ⓘ Article II (Uniform Player Contract) Section 14 (Void Contracts):

(c) in the case of a player who does not pass a physical examination pursuant to Exhibit 6: (i) the player shall not be permitted to accept such Required Tender or Qualifying Offer for a period of two (2) business days following his receipt of notice from the Team that he did not pass his physical examination, during which period the Team may elect to withdraw the Required Tender or Qualifying Offer, which shall have the consequences described in Article X, Section 4 or Article XI, Section 4, as the case may be; and (ii) if the Required Tender or Qualifying Offer is not withdrawn by the Team during this period, the Required Tender or Qualifying Offer shall thereafter be deemed amended so as to eliminate any Exhibit 6 that may be contained therein.

 

 

One team at a time

To the surprise of nobody, a player cannot attend a training camp, participate in practices or play in games of teams he is not under a valid contract with. Any player whose contract has been extended through a valid team or player option is considered to have a contract in effect. ⓘ Article II (Uniform Player Contract) Section 13 (General):

(b) No player shall attend the regular training camp of any Team, or participate in games or organized practices with the Team at any time, unless he is a party to a Player Contract then in effect. For purposes of this Section 13(b), a player shall be considered to be a party to a Player Contract then in effect if such Contract has been extended in accordance with an Option permitted by this Agreement.

FIBA Meetings

The NBA and the Players Association are required to meet at least four times per year to discuss issues involving FIBA and international basketball as they affect NBA players. For example, this might include participating in the FIBA Basketball World Cup, the Olympic basketball tournament, continental championships, national-team commitments, insurance coverage for injuries suffered while playing for national teams, scheduling conflicts, player availability during the NBA offseason. ⓘArticle XXIX (Miscellaneous) Section 20 (Quarterly FIBA Meetings):

The NBA and Players Association shall meet at least quarterly to discuss FIBA matters that relate to NBA players (e.g., players participation in international FIBA competitions during the off-season).

Referees and rules

The Players Association is given direct representation on the NBA Competition Committee, which is the body that reviews and discusses potential rule changes and other game-related issues. The union may appoint up to four representatives to the committee, and at least three of those representatives must be active players or players who have recently retired. Those representatives are not merely observers; they are entitled to participate in discussions and vote on matters involving NBA playing rules and officiating. The Players Association also has the right to submit monthly reports to the Commissioner regarding referee performance and conduct - these reports may specifically identify individual referees by name and can include player concerns or criticisms about officiating, which must make for a fun meeting (The NBA, however, does not have to heed the concerns or take action.) ⓘArticle XXIX (Miscellareous) Section 7 (Playing Rules and Officiating):

(a) Up to four (4) representatives of the Players Association, three (3) of whom shall be active or recently retired players selected by the Players Association, shall be permitted to attend the meetings of and have a vote on the NBA Competition Committee with respect to issues relating to the NBA playing rules and officiating.

(b) The Players Association may, on behalf of the players, submit to the Commissioner monthly reports as to the conduct of referees, including identifying individual referees by name. The NBA will consider, but is not required to act, on such reports.

In addition, the NBA and the Players Association must meet every quarter to discuss the relationship between players and referees. These meetings can cover general interactions between the two groups as well as disciplinary measures imposed on referees for conduct that occurs during games. Also, if requested by the Players Association, representatives from the NBA's Basketball Operations and Referee Operations departments must meet with the union and/or players once a year to discuss issues involving playing rules and officiating. The NBA must also invite representatives of the referees' union, the National Basketball Referees Association, including active referees, to participate in those discussions, although they do not have to attend. ⓘArticle XXIX (Miscellareous) Section 7 (Playing Rules and Officiating):

(c) The NBA and Players Association shall meet on a quarterly basis to discuss the relationship and interactions between players and referees, including any discipline imposed by the NBA on referees for conduct on the playing court. Each party shall consider in good faith any recommendations made by the other party at such meetings regarding referee-player interactions.

(d) Upon a request from the Players Association, representatives of the NBA Basketball Operations and Referee Operations Departments shall meet annually with the Players Association and/or players to discuss issues relating to NBA playing rules and officiating. The NBA will request that representatives from the National Basketball Referees Association, including current referees, attend any such meeting.

 

 

t not including the value of any broadcast, cablecast or
telecast time provided as part of any such transaction that is
used solely: (A) to promote or advertise the NBA, its Teams,
League-related entities that generate BRI, Players, the NBA
G League (the “NBAGL”) (except to the extent the value of
such time for the NBAGL exceeds $5 million), the Women’s
National Basketball Association (the “WNBA”) (it being
agreed that the value of such time used to promote or
advertise the WNBA shall not be less than $2.5 million each
Salary Cap Year), or the sport of basketball

 

 

References to "owners" have been changed to "team owners". Since the last CBA, a discussion has been taking place both in the public sphere and within the NBA itself about use of the term "owner", and what it can connote. A sport with a Black-majority playing personnel on teams that have been historically owned and run by white people is making a change to avoid using the historical language of slavery.

[L]ive social media Q&A sessions with fans conducted by the TeamTISI 0.0%" now count towards a player's promotional appearance total. NBA players are obliged to do 12 promotional appearances each salary cap year, of which seven must be individual appearances. This amount is unchanged - as is the amount players get paid for each one; $3,500 - yet the definition of what can count as a promotional appearance has been expanded to include these Q&As, as well as "player-focused content sessions" (without expanding on what those might be).

A completely new provision states that: "Upon request by the NBA or the Team, a player that is in attendance but not dressed for or able to play in a game shall participate in an in-game interview from the Team bench. No player, without his consent, may be required to participate in more than one per week."

The definition of "Team Awareness Meetings" has expanded to include "healthy relationships, mental health and wellness programming, and recommendations and educational materials regarding the health benefits of vaccinations recommended by the CDC". Anyone's guess as to what might have prompted this.

"Each Team’s Governor shall attend his or her Team’s annual “business of basketball” program." This one is included in this piece for the sake of completeness, not because of relevance.

Also in the section of grievances, this is new: "the Players Association shall have the right, upon a showing of need, to have one (1) additional Grievance scheduled for hearing on or after the tenth day following service of the notice". This is in addition to the two hearings already enshrined in the 2017 CBA.

The "Marijuana Program" has been jointly replaced by the "Marijuana and Alcohol Treatment Program", and the wonderfully-named "Synthetic Cannabinoid Program". In essence, marijuana use is no longer penalised, but teams can still refer players for treatment if they feel it necessary

Elsewhere in the section on prohibited substances, this is another new added caveat which basically says "don't question the decisions of the medical arbiter".

During each season, the NBA will conduct no more than 1,925 total urine tests, an increase from 1,525 under the previous CBA. Furthermore, a new section in the 2023 CBA introducing fines for players missing drug tests.

The wording of the betting prohibition in the Uniform Player Contract has changed from banning gambling "on the outcome of any game participated in by any Team or NBADL team" to "on any game or event in the NBA or NBAGL".

Fines for anyone who "fails or refuses, without proper and reasonable cause or excuse, to render the services required by this Contract or the CBA" are also now part of the Uniform Player Contract.

Almost all of Article XXXVII, "Player Appearances And Additional Content Activities", is new, and confers a range of media-related rights to players, including the right to post game clips to social media platforms, as well as the creation of a Content Advisory Council to liaise on the distribution of such.

In relation to the G-League and its use as a coaching pipeline, the 2023 CBA provides that a database of G-League job openings with teams, along with a digital platform that gives decision-makers access to information on prospective candidates, will be created for former NBA players who have expressed interest in such positions.


 

“Team Affiliate” means:
(i)

any individual or entity who or which (directly or indirectly)
holds an ownership interest in a Team (other than
ownership of publicly-traded securities constituting less than
five percent (5%) of the ownership interests in a Team) (a
“Team Owner”);

(ii)

any individual or entity who or which (directly or indirectly)
controls, is controlled by or is under common control with,
or who or which is an entity affiliated with or an individual
related to, a Team;

(iii)

any individual or entity who or which (directly or indirectly)
controls, is controlled by or is under common control with,
or who or which is an entity affiliated with or an individual
related to, an individual or entity described in Section 1(ttt)(i)
or (ii) above; or

(iv)

any entity as to which (x) a Team Owner, or (y) an individual
or entity that holds (directly or indirectly) an ownership
interest in an entity described in Section 1(ttt)(ii) above, either (a) holds (directly or indirectly) more than five percent
(5%) of its ownership interests, or (b) participates in or
influences its management or operations.
For the purposes of this Section 1(ttt): an individual shall only be deemed
to be “related to” a Team or another individual or entity if such individual
is an officer, director, trustee, or executive employee of such Team or entity,
or is a member of such individual’s immediate family; and “controls” or “is
controlled by” shall include (without limitation) the circumstance in which
an individual or a Team or entity has or can exercise effective control.

 

 

 

 

 

(c) No Team may enter into a 10-Day Contract with the same player
more than twice during the course of any one Season. No Team may be a
party at any one time to more 10-Day Contracts than the following:
Aggregate Number of Players on Team’s
Active List and Inactive List (Including
Players Signed to 10-Day Contracts, But
Not Including Two-Way Players)
Maximum Number of
the Team’s Players
Who Can Be Signed to
10-Day Contracts
12 0
13 1
14 2
15 3
Article II 49
For example, if a Team has thirteen (13) players on its Active List (not
including any Two-Way Players) and no players on its Inactive List, then the
Team may have one player under a 10-Day Contract. If a Team has
thirteen (13) players on its Active List (including one (1) Two-Way Player)
and two (2) players on its Inactive List (not including any Two-Way Players),
then the Team may have two (2) players under a 10-Day Contract. If a Team
has twelve (12) players on its Active List (not including any Two-Way
Players) and three (3) players on its Inactive List (not including any
Two-Way Players), then the Team may have three (3) players under a 10-Day
Contract.
(d) No Team may enter into a 10-Day Contract if the length of such
Contract, in accordance with Section 9(a), would extend to or past the date
of the Team’s last Regular Season game for such Season.
(e) Notwithstanding anything to the contrary in Section 9(a) or 9(d)
above, in the event the NBA authorizes a Team to sign a Player Contract
pursuant to the NBA’s hardship rules, then (i) such Contract shall be a 10-
Day Contract regardless of when during the Season such Contract is signed;
and (ii) if the length of such 10-Day Contract (as determined in accordance
with Section 9(a) above) would extend to or past the date of the Team’s last
Regular Season game in such Season, then the term of such 10-Day Contract
shall be the number of days remaining in such Regular Season (including the
day on which the 10-Day Contract is signed).
(f) Notwithstanding anything to the contrary contained in a Uniform
Player Contract, a 10-Day Contract shall be terminated simply by providing
written notice to the player (and not by following the waiver procedure set
forth in Paragraph 16 of the Uniform Player Contract) and paying only such
sums as are set forth in Exhibit 1A of such Contract.
(g) If a player’s 10-Day Contract with a Team is terminated by the Team
prior to the expiration of its stated term, then the Team and player shall not
be permitted to enter into a new Contract prior to the expiration of the
stated term of such terminated 10-Day Contract.
(h) A Team and player who are parties to a 10-Day Contract may, prior
to the expiration (or termination, if applicable) of the 10-Day Contract,
negotiate and enter into a Standard NBA Contract that is a Rest-of-Season
50 Article II
Contract (defined below) that will take effect on the day following the date
on which the stated term of such 10-Day Contract expires.
Section 10. Rest-of-Season Contracts.
(a) At any time after the first day of an NBA Regular Season, a Team
may enter into a Player Contract that may provide Compensation to a player
for the remainder of that Season (a “Rest-of-Season Contract”).
(b) The Salary provided for in a Rest-of-Season Contract shall not be
less than the Minimum Player Salary.
(c) Notwithstanding the foregoing, Two-Way Contracts shall not be
subject to the requirements set forth in this Section 10.

 

Postseason Eligibility Waiver Deadline

Contrary to popular perception, there exists no such thing as a mid-season sign-by date in the NBA. Players can be signed at any point up to and including the last day of the regular season. The confusion around there potentially being such a date stems from a misunderstanding of the relevance of 1st March in the NBA's calendar.

That date represents a waive-by date, rather than a sign-by date. Put simply, if a player is on an NBA roster by the close of business on 1st March, that team is the only one they can play for in the postseason. But there is no date by which players must be signed to be eligible for the NBA playoffs, other than the final day of the regular season (i.e. before they start). Players can therefore be signed in March and April, then, and they often are. ⓘArticle XXIX (Miscellareous) Section 4 (Postseason Eligibility Waiver Deadline):

Any player (including any Two-Way Player) with respect to whom a request for waivers has been made after 11:59 p.m. eastern time on March 1 is not eligible to participate in postseason games during the then-current Season unless the player has been acquired by a Team whose Active List is reduced to eight (8) players due to injury or illness.

The rule applies to all players, including two-way players. There is one exception, though - a player waived after the 1st March deadline may still be deemed postseason-eligible if he is signed by a team whose active list has been reduced to only eight players because of injury or illness. In that situation, the league allows the team to add the player and use him in the postseason, despite the normal deadline.

The Confidentiality Clause

The CBA requires sides to keep certain information confidential. Neither the NBA, its teams nor their employees may disclose the financial terms of an individual player's contract to the media, and likewise, the Players Association, players, their agents and their representatives are prohibited from disclosing that information. Confidential financial information that is shared during the league's auditing and revenue-reporting processes, including audit reports and BRI reports, are also prohibited from being disclosed. In short, sensitive contract details and league financial data are not supposed to be leaked to the press by either side. It therefore definitely definitely definitely definitely does not happen, no sir, nope, nein. ⓘArticle XXIX (Miscellareous) Section 14 (Nondisclosure):

The parties agree that (a) the economic terms of any individual Uniform Player Contract entered into by a Team and a player, and (b) any information contained in, or disclosed to the Players Association in connection with an Audit Report, Draft Audit Report, Interim Audit Report, Interim Designated Share Audit Report, or BRI Report, shall not be disclosed to the media by (i) the NBA, its Teams, or their respective employees, or (ii) the Players Association, NBA players, or their respective employees, agents, or representatives.

The Implementation Clause

Both the NBA and the Players Association must do their best to ensure that the people they represent follow the CBA. The NBA is expected to encourage and enforce compliance among its teams, while the Players Association is expected to do the same with players. If someone challenges the validity or enforceability of the CBA in court or another legal forum, the NBA and the Players Association will work together and take reasonable steps to defend the agreement. ⓘArticle XXIX (Miscellareous) Section 15 (Implementation of Agreement):

(a) The NBA and the Players Association will use their respective best efforts to have NBA Teams and NBA players comply with the terms and provisions of this Agreement.

(b) The NBA and the Players Association shall use their respective best efforts and take all reasonable steps to cooperate to defend the enforceability of this Agreement against any challenge thereto.

Things are different in Canada

Because the NBA has a Canadian team, and could potentially have more, the differences between US and Canadian employment law must be recognised. To ensure that the Toronto Raptors can operate under the same labour principles as the other 29 NBA teams and that Ontario employment laws do not create a different set of rights, remedies or termination rules for Raptors players, the CBA has a section entitled "Additional Canadian Provisions".

If a player commits an act that the CBA says can lead to discipline or contract termination, that player cannot argue that Canadian employment law requires a different standard for "just cause." The parties have agreed in advance that the CBA's standards satisfy the requirements of Canadian labour and employment laws. For example, if the CBA says a player may be fined, suspended, or have his contract terminated for a particular violation, the agreed-upon NBA penalty governs rather than any alternative remedy that might otherwise arise under Canadian employment law. The NBA and the Players Association also agree to consult regularly about workplace issues affecting players during the life of the agreement. ⓘArticle XXIX (Miscellareous) Section 16 (Additional Canadian Provisions):

(a) The bases upon which a player may be disciplined or discharged or a Player Contract terminated, as set forth in this Agreement and/or in the Uniform Player Contract, shall constitute just and reasonable cause within the meaning of any applicable Canadian law or statute (federal or provincial) and, to the extent this Agreement or the Uniform Player Contract provides specific penalties for such conduct, those penalties shall apply.

(b) During the term of this Agreement, the NBA and Players Association shall consult regularly about issues relating to the workplace which affect the parties or any player bound by this Agreement.

However, it should be noted that those provisions of Ontario labour legislation - if they apply at all - apply only to disputes involving the Raptors and their players, rather than to the NBA as a whole. ⓘArticle XXIX (Miscellareous) Section 16 (Additional Canadian Provisions):

(c) If and to the extent Sections 48 and 49 of the Ontario Labour Relations Act are or may be found applicable to this Agreement, the parties agree that the provisions thereof shall apply only to disputes between the Toronto Raptors and players for the Toronto Raptors. Furthermore, the parties agree and acknowledge that any termination and severance benefits provided to players pursuant to this Agreement (including the provisions of Player Contracts that provide, in certain circumstances, for the continued payment of Salary to a player following the termination of a Player Contract) constitute and/or shall be deemed to constitute a greater right or benefit to the Player pursuant to Section 5(2) of the Employment Standards Act, 2000 (Ontario) and the provisions of Sections 54-66 of such Act do not apply.

The section also attempts to prevent Raptors players from claiming additional termination, notice, severance, or wrongful-dismissal style benefits under Ontario employment legislation. The CBA already provides various protections and payments when contracts are terminated, including situations where players continue receiving salary after being waived. The parties agree that these collectively bargained benefits are at least as favourable as the minimum rights that would otherwise exist under Ontario law. As a result, many of the standard Ontario rules governing termination notice, severance pay, and related employment protections are deemed not to apply to NBA players. ⓘArticle XXIX (Miscellareous) Section 16 (Additional Canadian Provisions):

(a) The bases upon which a player may be disciplined or discharged or a Player Contract terminated, as set forth in this Agreement and/or in the Uniform Player Contract, shall constitute just and reasonable cause within the meaning of any applicable Canadian law or statute (federal or provincial) and, to the extent this Agreement or the Uniform Player Contract provides specific penalties for such conduct, those penalties shall apply.

(b) During the term of this Agreement, the NBA and Players Association shall consult regularly about issues relating to the workplace which affect the parties or any player bound by this Agreement.

(c) If and to the extent Sections 48 and 49 of the Ontario Labour Relations Act are or may be found applicable to this Agreement, the parties agree that the provisions thereof shall apply only to disputes between the Toronto Raptors and players for the Toronto Raptors. Furthermore, the parties agree and acknowledge that any termination and severance benefits provided to players pursuant to this Agreement (including the provisions of Player Contracts that provide, in certain circumstances, for the continued payment of Salary to a player following the termination of a Player Contract) constitute and/or shall be deemed to constitute a greater right or benefit to the Player pursuant to Section 5(2) of the Employment Standards Act, 2000 (Ontario) and the provisions of Sections 54-66 of such Act do not apply.

(d) The parties acknowledge and agree that a player employed by an NBA Team pursuant to the provisions of a Uniform Player Contract, a 10-Day Contract, a Rest-of-Season Contract, or a Two-Way Contract is and/or shall be deemed to be an “employee hired on the basis that his employment is to terminate on the expiry of a definite term or the completion of a specific task” within the meaning of paragraph 1 of Section 2(1) of Ontario Regulation 288/01 under the Ontario Employment Standards Act, 2000, so as to render inapplicable to NBA players the provisions of Sections 54-62 of such Act.

(e) The parties acknowledge and agree that the severance benefits provided to players pursuant to this Agreement (including the provisions of Player Contracts that provide, in certain circumstances, for the continued payment of Salary to a player following the termination of a Player Contract) constitute and/or shall be deemed to constitute a settlement binding on the player within the meaning of Section 6 of the Ontario Employment Standards Act, 2000, and/or “an amount paid to an employee for loss of employment under a provision of an employment contract based upon length of employment, length of service or seniority” within the meaning of paragraph 2 of Section 65(8) of the Ontario Employment Standards Act, 2000, so as to render inapplicable to NBA players the provisions of Sections 63-66 of such Act.

(f) Upon the NBA’s request, the Players Association shall cooperate with the NBA in a reasonable manner in connection with any effort the NBA may make to seek an exemption from any Canadian (federal or provincial) law or regulation affecting the employment relationship that is inconsistent with the provisions of this Agreement or any other agreement between the Players Association and the NBA (or NBA Properties) or between any player and any NBA Team.

(g) All players employed by NBA Teams shall be paid in U.S. dollars, regardless of where such Teams are located.

Similarly, the agreement states that NBA contracts are fixed-term employment arrangements. In other words, players are hired for a defined period under a Uniform Player Contract, a 10-Day Contract, a Rest-of-Season Contract, or a Two-Way Contract. By characterising NBA employment this way, the parties seek to place players within exemptions contained in Ontario employment legislation that apply to employees hired for a specific term or task. ⓘArticle XXIX (Miscellareous) Section 16 (Additional Canadian Provisions):

(d) The parties acknowledge and agree that a player employed by an NBA Team pursuant to the provisions of a Uniform Player Contract, a 10-Day Contract, a Rest-of-Season Contract, or a Two-Way Contract is and/or shall be deemed to be an “employee hired on the basis that his employment is to terminate on the expiry of a definite term or the completion of a specific task” within the meaning of paragraph 1 of Section 2(1) of Ontario Regulation 288/01 under the Ontario Employment Standards Act, 2000, so as to render inapplicable to NBA players the provisions of Sections 54-62 of such Act.

Any severance or post-termination payments made under the CBA are deemed to satisfy relevant Ontario legal requirements regarding settlements and compensation for loss of employment. Again, the goal is to ensure that the CBA's negotiated system governs rather than provincial employment standards. The Players Association also agrees to cooperate if the NBA seeks exemptions from Canadian federal or provincial laws that conflict with the CBA or related agreements between the league, teams, players, or affiliated entities. ⓘArticle XXIX (Miscellareous) Section 16 (Additional Canadian Provisions):

(e) The parties acknowledge and agree that the severance benefits provided to players pursuant to this Agreement (including the provisions of Player Contracts that provide, in certain circumstances, for the continued payment of Salary to a player following the termination of a Player Contract) constitute and/or shall be deemed to constitute a settlement binding on the player within the meaning of Section 6 of the Ontario Employment Standards Act, 2000, and/or “an amount paid to an employee for loss of employment under a provision of an employment contract based upon length of employment, length of service or seniority” within the meaning of paragraph 2 of Section 65(8) of the Ontario Employment Standards Act, 2000, so as to render inapplicable to NBA players the provisions of Sections 63-66 of such Act.

(f) Upon the NBA’s request, the Players Association shall cooperate with the NBA in a reasonable manner in connection with any effort the NBA may make to seek an exemption from any Canadian (federal or provincial) law or regulation affecting the employment relationship that is inconsistent with the provisions of this Agreement or any other agreement between the Players Association and the NBA (or NBA Properties) or between any player and any NBA Team. regardless of where such Teams are located.

Finally, all NBA players are paid in US dollars regardless of where their team is located. ⓘArticle XXIX (Miscellareous) Section 16 (Additional Canadian Provisions):

(g) All players employed by NBA Teams shall be paid in U.S. dollars, regardless of where such Teams are located.

If NBA expansion into other countries proceeds as is expected, then similar clauses for other countries should be expected to be added.

Union dues

As long as the CBA is in effect, and in places where the law allows it, every active NBA player must either remain a member of the Players Association in good standing or pay the equivalent financial obligations to the union. A player who joins the union must keep his membership current. A player who chooses not to be a union member is still required to contribute toward the costs of collective bargaining and administering the CBA through what are called "financial core fees." Those obligations begin thirty days after the player starts employment, or thirty days after the agreement takes effect, whichever is later. ⓘArticle XIX (Union Security, Dues and Check-Off) Section 1 (Membership):

As a condition of employment commencing with the execution of this Agreement, for the duration of this Agreement only, and wherever legal: (a) any active player who is or later becomes a member in good standing of the Players Association must maintain his membership in good standing in the Players Association; and (b) any active player (including a player in the future) who is not a member in good standing of the Players Association must, on the 30th day following the beginning of his employment or the 30th day following the execution of this Agreement, whichever is later, pay, pursuant to Section 2 below or otherwise, financial core obligations to the Players Association related to collective bargaining and the administration of collective bargaining agreements (hereinafter referred to as financial core fees).

To collect these payments, teams are authorised to deduct union initiation fees, dues, assessments or financial core fees directly from a player's paychecks once the player has signed the required authorisation form. Normally, the deductions are spread evenly across the first four salary payments, although a contract can provide for fewer payments. After making the deductions, the team must forward the money to the Players Association within fourteen days. If it fails to do so, interest begins accruing at 7% per year until the money is paid. ⓘArticle XIX (Union Security, Dues and Check-Off) Section 2 (Check-off):

Commencing with the execution of this Agreement and for the duration of this Agreement only, each Team, following its receipt of the requisite authorization form, will check-off the initiation fee and annual dues, assessments, and financial core fees, as the case may be, in equal installments from the first four (4) payments made thereafter to the player pursuant to Paragraph 3(a) of the Uniform Player Contract or from such lesser number of payments made thereafter as provided for by Exhibit 1 to such Contract, for each player for whom a current check-off authorization has been provided to the Team. The Team will forward the check-off monies to the Players Association within fourteen (14) days of each check-off. If the Team fails to do so, interest at seven percent (7%) per annum, payable to the Players Association, shall begin to accrue on such check-off monies upon the conclusion of such fourteen (14) day period.

If the Players Association believes a player has failed to pay required dues or fees, it can notify the NBA in writing. The NBA will then discuss the matter with the player and his team. If the issue is not resolved within seven days, the team must suspend the player without pay if the union requests it and if such a suspension is legal under applicable law. The suspension remains in place until the Players Association confirms in writing that the player has satisfied his obligations. Importantly, the penalty for non-payment is suspension rather than termination. A player cannot be fired simply for failing to pay union dues or financial core fees. ⓘArticle XIX (Union Security, Dues and Check-Off) Section 3 (Enforcement):

(a) Upon written notification to the NBA by the Players Association that a player has not paid any initiation fee, dues, or financial core fees in violation of Section 1 above, the NBA will raise the matter for discussion with the player and his Team. If there is no resolution of the matter within seven (7) days, then the Team will, upon the written request of the Players Association, suspend the player without pay, wherever legal. Such suspension will continue until the Players Association has notified the Team in writing that the suspended player has satisfied his obligation as contained in Section 1 above. The parties hereby agree that suspension without pay is adopted as a substitute for and in lieu of discharge as the penalty for a violation of the union security clause of this Agreement and that no player will be discharged for a violation of that clause. A copy of all notices required by this Section 3(a) will be simultaneously mailed to the player involved and the NBA.

(b) The term “member in good standing” as used in this Article XIX applies only to the payment of dues or any initiation fee and not to any other factors involved in union discipline.

(c) Other than pursuant to Section 2 above, no Team shall pay any initiation fees, dues, or financial core fees on behalf of any player.

If a player is suspended under these provisions, neither the NBA nor the team can be held responsible for lost salary, bonuses, or other damages resulting from that suspension. The Players Association agrees to protect and reimburse the league and its teams against any legal claims arising from the enforcement of these union-payment rules. In practical terms, the league is saying that if a player is suspended for failing to meet his union financial obligations, any resulting legal dispute is primarily the responsibility of the union rather than the NBA or the team. ⓘArticle XIX (Union Security, Dues and Check-Off) Section 4 (Liability):

Neither the NBA nor any Team shall be liable for any salary, bonus, or other monetary or non-monetary claims that result from a player being suspended pursuant to the terms of Section 3 above. The Players Association indemnifies, saves, and holds harmless the NBA and each Team against any and all claims, demands, suits, or other forms of liability that may arise, directly or indirectly, in connection with the enforcement or application of any term or provision of this Article XIX, including, without limitation, claims relating to any action taken by the NBA or any Team in reliance upon any written authorization provided hereunder.

Facility inspection

Whenever an expansion team enters the league. when a team moves cities, or when a team starts using a different arena, the NBPA reserves the right to inspect playing conditions and safety protocols at the new team facilities, including practice and training camp facilities. If the union believes conditions could endanger players, it must notify the team and the commissioner in writing, then all parties meet to try and resolve the issue, resorting to an arbitrator if no agreement is reached. However, while the dispute is being resolved, players cannot refuse to play. ⓘArticle XVII (Procedure With Respect to Playing Conditions at Various Facilities):

When a new franchise is granted, or when an existing franchise moves to another city or a new or different arena, the Players Association shall, upon request and within a reasonable period of time, have the right to inspect the facility to be used by such franchise. Similarly, the Players Association shall, upon reasonable notice to the Team(s) involved and the NBA, have the right to inspect the training camp and practice facilities used by such Team(s). If, following such inspection, the Players Association is of the opinion that the playing conditions at such facility will endanger the health and safety of NBA players, it shall promptly notify the Commissioner and the Team involved in writing. Promptly following the receipt of such notice, representatives of the Players Association and of the Team(s) involved, and the Commissioner or his designee shall meet in an effort to resolve the matter. It is agreed that the failure of the parties to resolve the matter shall not impair the legally binding effect of this Agreement or create any right, during the term of this Agreement, to (a) unilaterally implement any provision concerning such unresolved matter, (b) lockout, or (c) strike. If no resolution satisfactory to the Players Association, the Team(s) involved, and the Commissioner is reached, the issue of whether the playing conditions at the facility in question will endanger the health and safety of NBA players will, without interruption of the schedule or training camp or practice activities, immediately be submitted to and determined by the Grievance Arbitrator in accordance with the provisions of Article XXXI; provided, however, that the Grievance Arbitrator need not render an award within twenty-four (24) hours of the conclusion of the hearing, but shall issue his award as expeditiously as possible under the circumstances.

Mutual reservation of rights

When the CBA expires, neither side loses any legal rights simply because they previously operated under the agreement. When the CBA expires, nobody is deemed to have waived any rights, nor lost any legal claims/arguments. ⓘArticle XVI (Mutual Reservation of Rights):

Upon the expiration or termination of this Agreement, no person shall be deemed to have waived, by reason of the entry into or effectuation of this Agreement, any other collective bargaining agreement, or any Player Contract, or any of the terms of any of them, or by reason of any practice or course of dealing, their respective rights under law with respect to any issue or their ability to advance any legal argument.

Agents

Players have rules to follow. Players also have agents. In accordance with the rules of not-quite-syllogisms, therefore, agents have rules to follow.

NBA players do not have to have agents, or anyone representing them. They can negotiate contracts themselves, should they so choose. But anyone who does act as their representative and negotiate an NBA contract must be certified and authorised by the NBPA. Ateam cannot negotiate with an uncertified intermediary and then expect the contract to be approved by the league. ⓘArticle XXXVI (Player Agents) Section 1 (Approval of Player Contracts):

The NBA shall not approve any Player Contract between a player and a Team unless such player (a) is represented in the negotiations with respect to such Player Contract by an agent or representative duly certified by the Players Association in accordance with the Players Associations Regulations Governing Player Agents and authorized to represent him, or (b) acts on his own behalf in negotiating such Player Contract.

A team can be fined $50,000 if it negotiates with an uncertified agent and either knows the agent is uncertified, or fails to make a reasonable effort to check whether the agent is certified. That said, if the Players Association has provided the NBA with a current list of certified agents, and the person appears on that list as the player's authorised representative, the team cannot be fined even if there later turns out to be a problem with that agent's certification. From the day after the NBA Finals until the start of the following regular season, the agent's list information must be updated every two weeks, while during the remainder of the year, the list must be updated monthly. If the NBA has reason to doubt that the person negotiating a player's contract is either a certified agent or the agent actually authorised to represent that player, it may ask the Players Association for written confirmation. ⓘArticle XXXVI (Player Agents) Section 2 (Fines):

The NBA shall impose a fine of $50,000 upon any Team that negotiates a Player Contract with an agent or representative not certified by the Players Association in accordance with the Players Associations Regulations Governing Player Agents if, at the time of such negotiations, such Team either (a) knows that such agent or representative has not been so certified, or (b) fails to make reasonable inquiry of the NBA as to whether such agent or representative has been so certified. Notwithstanding the preceding sentence, in no event shall any Team be subject to a fine if the Team negotiates a Player Contract with an agent or representative designated as the players authorized agent on the then-current agent list provided by the Players Association to the NBA in accordance with Section 5 below.

Section 5 (Agents List):

The Players Association agrees to provide the NBA League Office with a list of (a) all agents certified under the Players Associations Regulations Governing Player Agents, and (b) the players represented by each such agent. Such list shall be updated once every two (2) weeks from the day after the NBA Finals to the first day of the next succeeding Regular Season and shall be updated once every month at all other times.

Section 6 (Confirmation by Player's Association):

If the NBA has reason to believe that the agent representing a player in Contract negotiations is not a certified agent or is not the agent authorized to represent the player, then the NBA may, at its election, request in writing from the Players Association confirmation as to whether the agent who represented the player in the Contract negotiations is in fact the players certified representative. If within three (3) business days of the date the Players Association receives such written request, the NBA does not receive a written response from the Players Association stating that the agent who represented the player is not the players certified representative, then the NBA shall be free to act as if the agent is the players confirmed certified representative.

Current NBA players are forbidden from representing other NBA players in negotiations. They also cannot own part of, or hold a position in, an agency that represents NBA players. ⓘArticle XXXVI (Player Agents) Section 3 (Prohibition on Players as Agents):

For purposes of negotiating the terms of a Uniform Player Contract or otherwise dealing with a Team over any matter, players are prohibited from (a) representing other current or prospective NBA players as an agent certified under the Players Associations Regulations Governing Player Agents, or (b) holding an equity interest or position in a business entity that represents other current or prospective NBA players as an agent certified under the Players Associations Regulations Governing Player Agents.

If the NBA believes an agent or representative may have violated the CBA, it can notify the Players Association and provide supporting information. The Players Association must review the information, decide whether an investigation is warranted, and, if it determines that misconduct occurred, inform the NBA of its findings and any disciplinary action taken. In addition, the Players Association must ensure that its agent regulations expressly allow for fines of up to $125,000 against agents who violate rules concerning tampering, public trade demands or requests, or the permitted timing of contract negotiations. ⓘArticle XXXVI (Player Agents) Section 7 (Agent Rules Compliance):

(a) If the NBA notifies the Players Association that it has reasonable cause to believe that an agent or representative has engaged in conduct that violates this Agreement, the Players Association will review any information supplied by the NBA, determine whether to conduct an investigation of the alleged conduct, and, if the Players Association concludes that misconduct occurred, inform the NBA as to the result of its investigation and any discipline it has imposed.

(b) The Players Association will amend the Players Associations Regulations Governing Player Agents to expressly provide that the Players Association may impose a fine of up to $125,000 on an agent for a violation of the rules regarding tampering, public requests or demands for a trade, or the timing of Contract negotiations.

Summer League

A little-known rule states that NBA teams may have no more than four veterans participating in summer leagues at the same time during an offseason. The definition of "veteran" for this rule is, however, very loose. Players who have never signed a full NBA contract are of course not veterans, and nor are those whose first NBA contract will not begin until the upcoming season after the summer league, but players also do not count as veterans if they are not under contract with an NBA team when they join the summer league. (If a player has six years of NBA experience, therefore, but is currently a free agent, they are not a "veteran" for the purposes of this role. Other meanings of the world elsewhere, yes. Here, no.) Going even further, even players under contract who missed at least 25 regular-season games in the previous season because of injury or illness are exempt from the veteran count, as are any players who spent any portion of the previous season playing in the G League or another US-based professional league. It is a hard rule to violate, then. ⓘArticle XXIII (Exhibition Games and Off-Season Games and Events) Section 4 (Summer League):

(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:

(i) 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;

(ii)a player not under contract to an NBA Team at the time he enrolls in such summer league;

(iii) a player under contract to an NBA Team but who missed twenty-five (25) or more of the Teams games during the Regular Season immediately preceding such off-season due to injury or illness; and

(iv) a player who played for a team in the NBAGL or any other U.S.-based professional league during all, or any portion, of the Regular Season immediately preceding such off-season.

Before any player who is already under contract for the following season participates in a summer league, their NBA team must provide him with a document called the "Notice to Veteran Players Concerning Summer Leagues", which is Exhibit E of the standard NBA contract. ⓘArticle XXIII (Exhibition Games and Off-Season Games and Events) Section 4 (Summer League):

(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 Notice to Veteran Players Concerning Summer Leagues in the form attached hereto as Exhibit E.

Teams are heavily restricted in what they can give players participating in summer leagues. The only compensation permitted is reimbursement for reasonable expenses, which may include meals, lodging and transportation. Transportation can cover travel from the player's home to the summer league location and travel between the player's accommodation and summer league activities while the event is taking place. In addition, a team is allowed to purchase disability insurance for a player covering the duration of the summer league. But it cannot provide any other form of compensation. Summer league, essentially, is unpaid. ⓘArticle XXIII (Exhibition Games and Off-Season Games and Events) Section 4 (Summer League):

(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: (i) meals, but no greater than that set forth in Article III, Section 2; (ii) lodging; and (iii) transportation to and from the players home to the site of the summer league, and to and from the site of the players 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.

No team may organise, and no player may participate in, a summer league that runs beyond 1st September. ⓘArticle XXIII (Exhibition Games and Off-Season Games and Events) Section 4 (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.

Housekeeping

The CBA, the Uniform Player Contract, and all associated exhibits are governed by New York law unless federal law controls the issue. In any dispute over the NBA CBA, neither side may cite those agreements, those decisions, or the practices and policies of the WNBA, G League, WNBPA, or G League players' union, and arbitrators or judges are instructed not to rely on them. Any modification must be put into writing and signed by the party against whom enforcement is being sought. ⓘArticle XXXVIII (Integration, Entire Agreement, Interpretation, and Choice of Law):

Section 1: Integration, Entire Agreement.

This Agreement, together with the exhibits hereto, and all letter agreements executed contemporaneously herewith, constitutes the entire understanding between the parties and all understandings, conversations and communications, proposals, and counterproposals, oral and written (including any draft of this Agreement) between the Members of the NBA and the Players Association, or on behalf of them, are merged into and superseded by this Agreement and shall be of no force or effect, except as expressly provided herein. No such understandings, conversations, communications, proposals, counterproposals, or drafts shall be referred to in any proceeding by the parties. Further, no understanding contained in this Agreement shall be modified, altered, or amended, except by a writing signed by the party against whom enforcement is sought.

Section 2: Interpretation.

(a) The NBA and Players Association recognize and acknowledge that there is and may continue to be (i) a collective bargaining relationship between WNBA, LLC (“WNBA”) and the Women’s National Basketball Players Association (“WNBPA”), and (ii) a collective bargaining relationship between the NBAGL and the Next Gen Basketball Players Union (“NGBPU”), each of which is separate and distinct from the collective bargaining relationship between the NBA and the Players Association. (b) The NBA and the Players Association agree that this Agreement shall be interpreted without reference: (i) to any past, present, or future WNBA/WNBPA collective bargaining agreement (or to any other past, present, or future agreement between the WNBA or WNBA Enterprises, LLC, on the one hand, and the WNBPA on the other) or to any past, present, or future Standard Player Contract, Team Marketing and Promotional Agreement, or WNBA Marketing and Promotional Agreement (collectively, “WNBA Agreements”); (ii) to any past, present, or future NBAGL/NGBPU collective bargaining agreement (or to any other past, present, or future agreement between the NBAGL or any NBAGL commercial entity, on the one hand, and the NGBPU on the other) or to any past, present, or future employment or marketing agreements between the NBAGL and the players in the NBAGL (collectively, “NBAGL Agreements”); (iii) to any of the provisions of such agreements or contracts; (iv) to the fact that a subject was not or is not covered by or included in any such agreements or contracts; and/or (v) to any judicial, arbitral, or administrative decision interpreting any of such agreements or contracts. (c) The parties agree that they will make no reference to any of the WNBA Agreements, NBAGL Agreements, contracts, or decisions referred to in Section 2(b) above, or to the fact that a particular provision was not or is not included in any such agreement or contract, or to any practice or policy of the WNBA (or WNBA Enterprises, LLC), the NBAGL (or any NBAGL commercial entity), the WNBPA, or the NGBPU, in any arbitral, judicial, administrative, or other proceeding concerning the interpretation or enforcement of this Agreement, including, without limitation, a proceeding brought under Articles XXXI or XXXII of this Agreement. The parties further agree that no such agreement, contract, provision (or absence of provisions), decision, practice, or policy may be relied upon by any decision maker in such proceedings.

Section 3: Choice of Law.

This Agreement (including the Uniform Player Contract and all other Exhibits to this Agreement) is made under and shall be governed by the internal law of the State of New York, except where federal law may govern.

The CBA requires both parties to make their best efforts to keep labour peace. Both sides agree not to disrupt the league while the agreement remains in effect, and the Players Association also agrees to discourage players from violating their contracts. The Players Association and its members agree that, for the duration of the Collective Bargaining Agreement, they will not strike, stop working, or otherwise interfere with NBA operations. However, this does not take away any rights the union may have under certain circumstances under which the CBA can be terminated early. Going the other way, the NBA and its teams agree not to lock out, with the same early-termination caveat. ⓘArticle XXX (No-Strike and No-Lockout Provisions And Other Undertakings) Section 1 (No Strike):

During the term of this Agreement, neither the Players Association nor its members shall engage in any strikes, cessations or stoppages of work, or any other similar interference with the operations of the NBA or any of its Teams. Notwithstanding the foregoing, nothing in this Section 1 shall impair the rights accorded the Players Association by Article XXXIX, Section 3 (Termination by Players Association/Anti-Collusion), Section 6 (Mutual Right of Termination), Section 7 (Mutual Right of Termination -League Financial Results), Section 8 (Mutual Right of Termination -Designated Share), or Section 9 (Mutual Right of Termination -- League Entity Transaction).

Section 2 (No Lockout0:

During the term of this Agreement, neither the NBA nor its Teams shall engage in any lockouts, cessations or stoppages of work or any other similar interference with the employment of NBA players by NBA Teams. Notwithstanding the foregoing, nothing in this Section 2 shall impair the rights accorded the NBA by Article XXXIX, Section 4 (Termination by NBA/National TV Revenues), Section 5 (Termination by NBA/Force Majeure), Section 6 (Mutual Right of Termination), Section 7 (Mutual Right of Termination -- League Financial Results), Section 8 (Mutual Right of Termination -- Designated Share), or Section 9 (Mutual Right of Termination -- League Entity Transaction).

The Players Association agrees that it will not organise, encourage or coordinate efforts by players to violate their contracts. In other words, the union cannot promote or assist contract breaches, nor can it encourage players to threaten such breaches as a bargaining tactic. ⓘArticle XXX (No-Strike and No-Lockout Provisions And Other Undertakings) Section 3 (No Breach of Player Contrac6s):

The Players Association agrees that it will not engage in any concerted activities to breach, induce the breach of, or threaten to breach or induce the breach of, any Player Contract.

The CBA explicitly recognises the existence of oral agreements, and deals are not invalid just because paperwork has not been completed. However, the parties are required to reduce that agreement to a formal written contract as soon as practicable. This also requires immediate disclosure to the league; as soon as the agreement is reached, the team must notify the NBA by email and provide all of the deal's financial terms. ⓘ Article II (Uniform Player Contract) Section 13 (General):

(a) (i) Subject to Section 15 below, any oral or written agreement between a player and a Team concerning terms and conditions of employment shall be reduced to writing in the form of a Uniform Player Contract or an amendment thereto as soon as practicable. Immediately upon the consummation of any such oral or written agreement, the Team shall notify the NBA by email and provide the NBA with all economic terms of such agreement. Upon its receipt of an executed Uniform Player Contract, the NBA shall provide a copy of the same to the Players Association by email within two (2) business days.

Even if a player and team have reached an oral agreement or have agreed to all contract terms, though, neither side can claim that the agreement is legally binding until the deal has been signed by both parties. A handshake deal is not an enforceable NBA contract, and nothing limits the Commissioner's authority to approve or reject contracts. Even a fully signed contract may still be subject to league review and approval where required. Furthermore, the NBA reserves the right to infer circumventory behaviour if a team and player fail to properly reduce an agreement to writing as quickly as possible. ⓘ Article II (Uniform Player Contract) Section 13 (General):

(a) (ii) Notwithstanding subsection (a)(i) above, neither the NBA, any Team, nor the Players Association, or any player, shall contend that any agreement concerning terms and conditions of employment is binding upon the player or the Team until a Player Contract embodying such terms and conditions has been duly executed by the parties. Nothing herein is intended to affect (A) any authority of the Commissioner to approve or disapprove Player Contracts, or (B) the effect of the Commissioner’s approval or disapproval on the validity of such Player Contracts.

A violation of the first sentence of subsection (a)(i) above may be considered evidence of a violation of Article XIII.

The NBA is required to provide the Players Association with regular reports showing each team's gate receipts (ticket revenue) and paid attendance figures. These reports must reflect data as of two weeks before the report date and must be delivered four times per season: by 31st December, 28th February, 30th April and 31st July. The reports also include information about season-ticket sales, although those summaries follow a slightly different schedule. Instead of being included in the December report, season-ticket sales information is provided by 30th September. ⓘArticle XXIX (Miscellaneous): Section 17 (Gate Reports):

This Agreement, together with the exhibits hereto, and all letter agreements executed contemporaneously herewith, constitutes the entire understanding between the parties and all understandings, conversations and communications, proposals, and counterproposals, oral and written (including any draft of this Agreement) between the Members of the NBA and the Players Association, or on behalf of them, are merged into and superseded by this Agreement and shall be of no force or effect, except as expressly provided herein. No such understandings, conversations, communications, proposals, counterproposals, or drafts shall be referred to in any proceeding by the parties. Further, no understanding contained in this Agreement shall be modified, altered, or amended, except by a writing signed by the party against whom enforcement is sought.

Every NBA team agrees that it will not pursue legal claims against players of other teams if one of its own players is injured as a result of fighting or other violent or unsportsmanlike conduct that occurs during an NBA game. In practical terms, then, if a player is injured during an on-court altercation, the injured player's team cannot sue the opposing player for damages arising from that incident. ⓘArticle XXIX (Miscellanrous) Section 11 (Release for Fighting):

Each NBA Team (hereinafter such Team) hereby releases and waives every claim it may have against any player employed by other NBA Teams for injuries sustained by any player in the employ of such Team which arise out of, or in connection with, any fighting or other form of violent and/or unsportsmanlike conduct during the course of any Exhibition, Regular Season, Play-In, or playoff game.

Discrimination, as you would expect, is expressly prohibited on grounds of race, religion. nationality, sexuality or their level of involvement with the Player's Association. ⓘArticle XXX (No-Strike and No-Lockout Provisions And Other Undertakings) Section 5 (No Discrimination):

Neither the NBA, any Team, nor the Players Association shall discriminate in the interpretation or application of this Agreement against or in favor of any Player because of religion, race, national origin, sexual orientation, or activity or lack of activity on behalf of the Players Association.