The NFL asked embattled free agent quarterback Colin Kaepernick to sign away his right to future lawsuits against the league as a precondition for Saturday’s scheduled workout in Atlanta.
Kaepernick, who has already settled one grievance with the NFL, cancelled the workout and organized his own just outside the city following a dispute with the league over media access and a waiver liability form.
Kaepernick’s attorney’s claimed the NFL ‘demanded’ he sign an ‘unusual liability waiver’ as a precondition for the workout.
Sports Illustrated obtained a copy of the NFL’s waiver, and according to a piece on SI.com by attorney Michael McCann, the league was effectively asking Kaepernick to sign away his right to sue teams in the future, regardless of whether or not they participated in collusion.
‘Kaepernick—who clearly believes the league and teams unlawfully schemed to keep him out of the NFL from 2017 to 2019—would not want to surrender the ability to invoke that legal right in the future,’ McCann wrote. ‘Stated differently, if teams used the workout to engage in collusive activities against Kaepernick, there is no reason for Kaepernick to forgo the chance to pursue a legal claim over those activities.’
The NFL released a statement claiming that the waiver was ‘standard.’
The NFL asked embattled free agent quarterback Colin Kaepernick to sign away his right to future lawsuits against the league as a precondition for Saturday’s scheduled workout in Atlanta. Kaepernick, who has already settled one grievance with the NFL, cancelled the workout and organized his own just outside the city following a dispute with the league over media access and a waiver liability form
‘On Wednesday, we sent Colin’s representatives a standard liability waiver based on the waiver used by National Invitational Camp at all NFL Combines and by NFL clubs when trying out free agent players,’ the statement read. ‘At noon [Saturday], Colin’s representatives sent a completely rewritten and insufficient waiver.’
Kaepernick also wanted his own film crew to attend and videotape the session, which the NFL had objected to.
Scouts from eight NFL teams attended Kaepernick’s workout, although 25 had originally planned on going to the league’s tryout.
Jeff Nalley, Kaepernick’s agent, was skeptical of the league’s intentions after the workout was announced.
‘If teams want to see him, they will ask to work him out,’ he told reporters Saturday. ‘No team asked for this workout.’
Nalley said he feared all along that there was ‘an ulterior motive’ behind the NFL´s offer to stage an unprecedented, combine-style workout for one player – especially since Kaepernick was given only two hours to accept or reject it. The league turned down his requests to move the workout to a later date or to hold it on a Tuesday, when more coaches and general managers would be likely to attend since that is an off day for most teams.
Gaming attorney Daniel Wallach insisted that Kaepernick made the prudent legal decision
It was reported that only a fraction of the expected 25 teams showed up for Kaepernick’s workout after it was moved to the high school. Scouts from the Kansas City Chiefs and New York Jets are seen here on the sideline
Reaction to Kaepernick’s decision to cancel the NFL’s workout and host his own was met with mixed reaction by experts.
Some, such as sports gaming attorney Daniel Wallach insisted that Kaepernick made the prudent legal decision.
‘If you’re Colin Kaepernick, under no circumstances do you sign this Release, which could operate as a backdoor waiver of any future collusion claims,’ Wallach wrote on Twitter.
Pro Football Talk’s Mike Florio also questioned the league’s waiver, which was 358 percent longer than the one Kaepernick ultimately signed for the workout he organized for himself, according to SI.com.
‘Here’s the specific language that would get my attention, if I were the lawyer whose client was being asked to sign it: ‘any and all claims . . . caused by, arising out of, occurring during, or related directly or indirectly to the Workout, Player’s presence at the Facility, and any medical treatment or services rendered in connection with or necessitated by Player’s participation in the Workout,’ Florio wrote.
‘The phrase ‘directly or indirectly’ should raise a bright red flag, because the term ‘indirectly’ easily could be used to bootstrap a waiver intended to protect the NFL and all related parties against a personal injury lawsuit into a silver bullet that would defeat from the get go any claims for collusion or retaliation related to Kaepernick’s ongoing unemployment from the moment his February settlement agreement was signed through and beyond the November 16 workout.’
On NBC’s Sunday Night Football pregame show, former Tampa Bay Buccaneers and Indianapolis Colts coach Tony Dungy, meanwhile, questioned Kaepernick’s desire to return to the NFL.
‘What I don’t know is how badly he wants to play, and that didn’t get answered,’ Dungy said.
He went on to say that that NFL executives want to know: ‘[Is Kaepernick] going to come and be on my team and do anything it takes to play and win?’
In an ESPN segment on Monday morning, former New York Jets and Buffalo Bills coach Rex Ryan was asked about Kaepernick’s bid to return to the NFL.
‘As a coach, you don’t want the circus in your locker room,’ said Ryan.
Eric Reid (left) was the first player to join Kaepernick’s in taking a knee to protest extrajudicial killings of black people by police when the pair were teammates on the 49ers
The NFL, however, put out a statement saying it was ‘disappointed’ that Kaepernick switched locations
A former San Francisco 49ers quarterback, Kaepernick has also become a symbol of defiance after kneeling during the national anthem throughout the 2016 NFL season to protest inequality and racist police brutality.
He has remained out of the league since opting out of his contract in March of 2017 in anticipation of his release, although varying numbers of players have continued the demonstrations.
Kaepernick had filed a grievance against the NFL, accusing all 32 teams of colluding against him in retaliation for the controversial protests. He and former teammate Eric Reid, another protester, settled their respective claims against the league in February for undisclosed amounts.
Early last week the NFL announced an opportunity for Kaepernick to try out for teams in Atlanta, but after initially agreeing to attend, the 32-year-old opted instead to host his own workout after disagreeing with the league over media access and the details of a waiver.
Scouts from eight NFL teams attended Kaepernick’s workout, although 25 had originally planned on going to the league’s tryout.
A spokesman told reporters the league was ‘disappointed that Colin did not appear for his workout.’
In the statement, the league cited issues including media availability and a liability waiver.
‘Colin’s decision has no effect on his status in the league. He remains an unrestricted free agent eligible to sign with any club,’ the NFL said.
Kaepernick’s attorney’s claimed the NFL ‘demanded’ he sign an ‘unusual liability waiver’ as a precondition for the workout.
Kaepernick has reportedly continued to train in hopes of returning to the NFL.
Kaepernick was in Flowery Branch for a workout at the Atlanta Falcons’ training facility. A Kaepernick supporter holds up a sign which read: ‘I’m with Kap’
The debate over whether Kaepernick belongs in the league has been a constant theme over the last few years as many NFL teams have struggled to find competent quarterbacks.
Kaepernick did lead the 49ers to three consecutive NFC Championship games and one Super Bowl, and his career 88.9 quarterback rating is superior to the marks of several quarterbacks who started over the course of the 2018 season.
Recently Houston Texans All-Pro receiver DeAndre Hopkins told GQ that he got mad last season when the team needed a quarterback but did not reach out to Kaepernick.
‘Yeah, I was upset,’ Hopkins said. ‘Everybody needed to give Kaep a look. He can help a team win. I’ve seen a lot of quarterbacks that’s not as good as Kaep, but teams don’t want the heat behind them.’
Over his six-year NFL career, Kaepernick completed 59.8 percent of his passes for 12,271 yards, 72 touchdowns and just 30 interceptions. He also ran for 2,300 yards and 13 touchdowns, gaining 6.1 yards per carry.
Previously both Green Bay Packers quarterback Aaron Rodgers and New England Patriots quarterback Tom Brady said they feel as though Kaepernick is good enough to be playing in the NFL, and Rogers went so far as to tell ESPN that he believes the former University of Nevada star remains a free agent because of the protests.
However, Kaepernick won only 11 of 35 starts from 2014 to 2016, and had lost his starting job by the end of the 2016 campaign.
A man carries an American flag while holding a sign which read ‘Colin Kaepernick, un-American Loser, Get out of my town’ in Flowery Branch, Georgia, on Saturday