Williston, Sections 432 and 1450.
Griffin v. Brooklyn Ball Club, 68 App. Div. 566, 73 N. Y. Supp. 864 (aff'd.) 174 N. Y. 535, 66 N. E. 1109.
AGREEMENTm ade........between...............hereinafter referred to as the Employer, a club member of a league or association known as.......and........, hereinafter referred to as the Player.
1. The Player, for the consideration hereinafter mentioned, hereby covenants and agrees to perform such duties pertaining to the exhibition of the game of base ball as may be required of him by the Employer or its assigns, at such times and places as the Employer or its assigns, may designate, for the period of
........months, commencing...........and ending........
2. The Player agrees that he will yield a cheerful obedience to all directions that may be given to him by any officer, manager, or field captain of the Employer, or its assigns, and will hold himself subject to their orders at all times and places during the entire term of his employment.
3. The Player agrees that the Employer and its assigns, shall have the right, from time to time to establish such reasonable rules for the government of its players, at home or abroad, at all times during the continuance of this contract, as may be necessary and expedient, and to discipline; suspend without pay (for definite period), or to expel them, and that these powers shall not be limited to cases of dishonest play or open insubordination, but shall include the rights to discipline, suspend without pay (for a definite period), or expel players for carelessness, ,or indifference, lack of sound physical condition, or such other conduct, condition or circumstance, impairing their faithful and thorough performance of duties, or that may be prejudicial to the interests of the Employer, or its assigns, in any respect, of all of which the Employer, or its assigns, shall be the exclusive judge. The Player agrees, at all times, during the term of his employment as aforesaid, to subject himself to such rules and discipline, to keep himself in the best physical condition to play ball at home and elsewhere, during the playing season, as may be required of him, with the utmost of his skill and ability, to cheerfully obey all rules and regulations of the Employer, or its assigns, and at all times, during the continuance of this contract to absolutely refrain from late hours and from any excess or dissipation in eating, drinking or otherwise.
4. It is agreed that if the Player shall, at any time during the said term of his employment as aforesaid, without the written consent of Employer, or its assigns, leave the service, or perform service, or agree to perform, in the future, services for any other club or organization whatever, or if he shall be guilty of offering, agreeing, conspiring or attempting to lose any game of ball, or if he shall be interested in any pool or wager thereon, he may be expelled by the Employer, or its assigns, from its club. Or, if the Employer, or its assigns, shall so elect, it may institute and prosecute proceedings in any Court of competent jurisdiction, either in law or in equity, to obtain damages for any breach of this contract, or to enforce the specific performance thereof by the Employer or to enjoin the Player from performing services for any other person or organization, dining the period of service herein contracted for, and nothing herein contained shall be construed to prevent such remedy in the Courts, in case of any breach of this agreement by the Player, as the Employer, or its assigns, may elect to invoke.
agreement for servces of baseball player 395
5. It is agreed between the parties hereto, that if the Player shall at any time during the said term of his employment, be guilty of any excessive indulgence in malt or spirituous liquors, he shall be fined $25 for the first offense, $50 for the second offense, $100 for the third offense, and that any subsequent offense shall be punished only by suspension without pay for the balance of the season. Should the said party of the second part at any time, during the said term of his employment, be guilty of gambling in any form, insubordination, or of any dishonorable or disreputable conduct, he may be fined $100 or suspended by the Employer, or its assigns, from his said employment, or from the club, for such definite period of time as to the Employer may seem.just and reasonable.
6. It is agreed that should the Employer, or its assigns, discipline the Player, or seek to enforce any of the penalties herein provided for, the Employer, or its assigns, shall immediately thereafter serve upon the Player, if demanded by the latter, a notice in writing, setting forth the character of the offense charged, the time and place of its alleged commission or omission, and the character of the penalty. If the Employer or its assigns, fail or decline to serve the notice above described, within three days after a demand that such a notice be served, then and in that event shall the penalty or penalties sought to be charged against the Player hereto, be deemed waived and abandoned. In all cases of suspension of the Player without pay, or of the infliction of pecuniary fines, he shall have the right of appeal to the Board of Directors of the League or Association, of which the Employer, or its assigns, is a Club Member.
7. It is agreed, that should the ability of the Player to perform his duties be impaired, or should he become ill from natural causes at any time during the term herein described, the Employer, or its assigns, may deduct from the amount then due or to become due under this contract, such proportion of the consideration money herein prescribed, as the period of his disability or impairment may bear to the term herein prescribed, but no deduction from the consideration herein prescribed shall be made by, or allowed to, the Employer, or its assigns, as against the Player, should the latter, during the term herein prescribed, meet with any accident or injury while in the service of, or performing any duty for the club, and be incapacitated thereby from playing, but the Employer, or its assigns, shall have the right and privilege, should the Player meet with any accident or injury as last hereinbefore referred to, to release and discharge the Player, in which event the said release must be absolute, unrestricted, unconditional, complete and without prejudice.