Recognition
The Professional Women’s Hockey League (the “PWHL” or “League”) recognizes the Professional Women’s Hockey League Players Association (the “PWHLPA”) as the exclusive collective bargaining representative with regard to the terms and conditions of employment for all persons employed by the PWHL as professional hockey players who have a current Standard Player Agreement (“Player(s)”), and those who may become Players during the Term of this Agreement. The PWHL and the PWHLPA agree that such persons and the PWHL may, on an individual basis, bargain with respect to and agree upon the provisions of Standard Player Agreements consistent with this Agreement.
Duration
The “Term” of this Agreement shall become effective as of August 1, 2023 and shall continue in full force and effect through July 31, 2031, and from year to year thereafter unless either party notifies the other party, in writing at least sixty (60) days prior to the expiration date of the current or extended Term, of its intent to terminate or modify the Agreement.
Definitions
For purposes of this Agreement, the following terms shall have the meanings given to them below:
Union Access
PWHLPA representatives shall be given access to all arenas, locker rooms, and other facilities utilized during the Pre-Season, Regular Season, Post-Season, and during any Player Showcase Games to hold meetings with the Players of each Team, provided that an authorized representative of the League or Team has approved the arrangements for any meeting occurring on League or Team property. Such approval shall not be unreasonably withheld. It is understood and agreed, however, that no such meetings shall take place during regularly scheduled Team practices or training. Additionally, such meetings shall only take place on a game day under exigent circumstances and with the approval of the PWHL.
Union Security
Every Player has the option of joining or not joining the PWHLPA; provided, however, that as a condition of employment for the duration of this Agreement and wherever and whenever legal (in accordance with applicable right to work laws):
The PWHL will deduct, monthly, from the salary (base compensation) of each Player who voluntarily authorizes and directs such deduction in accordance with this Article 2, an amount equal to the periodic dues and any assessments of the PWHLPA. The PWHLPA shall advise the PWHL in writing as to the amount of periodic dues, and any changes thereto, at least thirty (30) days in advance of the effective date of the amount to be deducted. The PWHL shall forward the check-off monies to the PWHLPA monthly by electronic transfer, with a ledger identifying the sources of the monies, within five (5) business days of each monthly deduction. Each dues check-off authorization by a Player shall be in writing and the PWHLPA shall advise the PWHL of the revocation of any authorization.
If a Player in a non-right to work state has not paid dues, or the equivalent service fee in violation of Section 5.1, above, the PWHLPA may notify the PWHL and will raise the matter for discussion with the Player. If there is no resolution of the matter within seven (7) days, then, upon written request of the PWHLPA, the Player(s) shall be terminated.
The PWHLPA shall indemnify, defend, and hold harmless the PWHL from and against any and all claims, demands, suits, and liabilities that shall arise out of or by reason of any action taken by the PWHL for the purpose of complying with the foregoing provisions.
Management Rights
Except as limited elsewhere by an express provision of this Agreement or by operation of law, the PWHL maintains and reserves the right to manage and direct its operations in any manner whatsoever, including, but not limited to, the exclusive direction and control of its Teams. The PWHL further has and maintains the exclusive right to take any action it deems appropriate in the management of its business, at any time, including, but not limited to, the exclusive right to determine when, where, how, and under what circumstances it wishes to operate, suspend, discontinue, sell, locate, or move one or more of its Teams or any or all of its other assets and to determine the manner and the rules by which the Teams and the Players shall play hockey.
Without limiting the generality of Section 6.1, above, the PWHL may take any action not in conflict with any express provision of this Agreement, any SPA, or any applicable law in the exercise of its management rights. Such rights include, but are not limited to, establishing, enforcing, amending, implementing, or terminating competition manuals, operations manuals, or other rules, policies, guidelines, or practices, not in conflict with express provisions of this Agreement and subject to the obligation to give notice and an opportunity to discuss with the PWHLPA any policies, rules and rules changes, as set forth below, including, but not limited to, the establishment, termination, and definitions of and amendments to player classifications and categories; determining possible sources of PWHL players and rules and procedures governing their assignment to and between PWHL Teams; determining Roster composition, including the number of individuals within any classification or category; draft, trade, transfer, loan, and registration rules and processes; determining competition calendar dates (including, but not limited to, waiver dates and draft dates, Off-Season training, competitions, and tours); determining game format, including number of games and playing rules as set forth below; determining playoff format, including, but not limited to, the number of games, the number and identity of participating Teams, eligibility for Post-Season participation, Post-Season competition rules, All-Star Game format, if any, and Rosters; determining travel policies and conditions; collecting and tracking Player data and statistics; creating and modifying drug and alcohol polices, codes of conduct, and other disciplinary rules and procedures; creating, maintaining, eliminating, or revising bonuses and other League/Team awards; adding, subtracting, or relocating Teams; determining conditions, amenities, and location of play or practice facilities; determining on-ice equipment standards and uniforms and regulations relating thereto; establishing, maintaining, modifying, or discontinuing health and safety protocols (including, but not limited to, vaccination policies and other infectious disease protocols); capturing and determining the use of Performance Data and statistics, whether by wearable technology, sensors, or any other means; and determining Player and Team salary budgets, if any. The League may use Performance Data for promotional purposes as agreed upon herein and/or in licensed products or for other commercial purposes in accordance with the Group Commercial Licensing Agreement. Notwithstanding the above, the League agrees to provide the PWHLPA with notice and a reasonable opportunity to discuss in good faith any proposed policies or rule changes, additions, or modifications that affect the terms and conditions of the Players’ employment and changes to the game of hockey. Notice shall be provided at least thirty (30) days prior to implementation of any initial rules and a reasonable time in advance of any rule changes, additions, or modifications, absent exigent circumstances requiring a shorter notice period prior to implementation, which may be determined by the PWHL at its sole discretion.
The parties further recognize that certain governing bodies of the sport of hockey may have rights affecting the conduct of the PWHL’s business, and that the PWHL may implement mandatory dictates from such governing bodies without bargaining over the decision to implement such mandatory dictates. If such a mandatory dictate would result in (a) a change in a Player benefit under an express provision of this Agreement; or (b) the adoption of a rule or regulation which would change a Player benefit under an express provision of this Agreement or impose an obligation upon the Players that conflicts with an express provision of this Agreement, then the PWHL and the PWHLPA shall bargain in good faith over the effects of the implementation of such a mandatory dictate.
The rights, powers, and authority of management specifically mentioned in this Agreement are not intended as limitations and do not list or limit all such rights, powers, and authority reserved and retained by the PWHL. Furthermore, the PWHL’s failure to exercise any right hereby reserved to it, or its exercise of any right in any particular way, or its failure to exercise its full right of management or its exclusive discretion on any matter, shall not constitute a waiver by the PWHL of any such right or preclude the PWHL from exercising the same right to its fullest extent at a later date and/or in some other way not in conflict with the specific, express terms of this Agreement.
Standard Player Agreement
All Players will execute an SPA, in a standard form agreed to by the parties, which shall be attached to this Agreement as Exhibit 1. No individual agreement concerning a Player’s terms and conditions of employment shall be valid unless it is between a Player and the PWHL, signed by each party, and contained in an SPA. The PWHL shall provide electronic copies of all executed SPAs, or any part thereof, if executed at different times, as well as any other documents signed by any Player and the PWHL, to the PWHLPA within seven (7) days of their execution. In the event of a conflict between the SPA and this Agreement, this
Agreement will govern. Disputes arising under the SPA shall be resolved in accordance with Article 18 (Grievance and Arbitration).
The PWHL will maintain French, Russian and, upon request, additional language translations of the form SPA referenced in Section 7.1 above. In all cases of translation, the English-language version of the SPA shall control, subject to applicable laws.
A Player may designate a Player- Agent to act on their behalf, or to assist the Player in the negotiation of Salary and/or additional benefits to be included in the Player’s SPA. If a Player or the PWHLPA notifies the PWHL that the Player has designated a Player-Agent(s) to act on the Player’s behalf for the purposes described in this Section 7.3, the PWHL may not negotiate or attempt to negotiate such Player’s Salary and/or any benefits to be included in an SPA for such Player with any agent(s) other than such designated Player-Agent(s), unless the Player provides written notice of rescission of such designation to the PWHL and the PWHLPA. When the PWHLPA develops a Player-Agent certification program, the PWHLPA and PWHL will meet to discuss the terms of the program. Players are prohibited from representing other current Players or prospective PWHL players as a certified agent or holding an equity interest or position in a business entity that represents other current Players or prospective PWHL players as a certified agent.
A Player may terminate their SPA upon fourteen (14) days’ written notice via email to the PWHL (with copy to the General Manager of the Player’s Team), and the PWHLPA, if the PWHL (i) defaults in its obligation to pay any compensation in excess of three hundred dollars ($300) owed to the Player under the SPA or fails to perform any other material obligation agreed to be performed by the PWHL under the SPA; and (ii) fails to substantially remedy such default within fourteen (14) days after receiving such notice. If the Player chooses not to terminate their SPA, or if the PWHL denies that a default has occurred, a Grievance may be filed and the Grievance Arbitrator will determine whether a default has occurred.
Other than for certain multi-year SPAs, discussed below, the PWHL and/or the applicable Team may terminate a Player’s SPA prior to the end of its term because of the quality of the Player’s on-ice performance on or prior to the Roster Freeze Date in the applicable League Year, or as of the end of that League Year. A Player’s SPA may not be terminated during its term based on a Player’s pregnancy, maternity leave, parental leave, or on- ice and/or off-ice training injuries (where such training is pursuant to a Team-approved training program). Nothing in this Section 7.5 shall prevent the PWHL and/or the Team from terminating a Player’s SPA at any time and for any reason other than those delineated in this Section 7.5 and consistent with this Agreement. SPAs set to expire at the end of a League Year may be terminated as part of the end of season waiver process and will be paid through the end of that League Year. A Player’s SPA may not be terminated due to pregnancy-related disability, but no compensation shall be due beyond the League Year in which such pregnancy-related disability commences. After the Roster Freeze Date, all Active Roster Player SPAs shall be considered guaranteed for the remainder of the League Season. A multi-year SPA that begins in the initial League Year (2023-2024) may not be terminated during its term based on a Player’s on-ice performance, pregnancy, maternity leave, parental leave, or on-ice and/or off-ice training injuries (where such training is pursuant to a Team-provided or approved training program). Any multi-year SPA that begins after the initial League Year is not fully guaranteed, and may be terminated at any time and for any reason other than those delineated in Section 7.5, unless as otherwise set forth in that SPA’s Schedule.
In the event a Player whose one-year or multi-year SPA is terminated prior to the Roster Freeze Date for reasons other than misconduct or failure to comply with the Player’s obligations under Article 5, and such Player is not selected by another Team, they shall receive severance pay in an amount equal to (i) four (4) weeks of the Player’s base Salary; (ii) four (4) weeks of the Player’s housing stipend; (iii) four (4) weeks of continued coverage in the League’s health plan at the League’s expense; and (iv) the right to continued coverage beyond that four-week period, under either COBRA or Canadian law, as applicable, at the Player’s expense.
Player Salaries And Player-Related Expenses
Players shall have their paychecks directly deposited at any United States or Canadian financial institution that accepts direct deposit.
The PWHL shall provide the following performance and competition bonuses to qualifying Players each League Year. All-Star Game Runner-Up (12) $1,000 ($12,000 total) All-Star Game Champion (12) $1,500 ($18,000 total) Most Valuable Player $5,000 Top Forward in League $4,000 Top Defense in League $4,000 Top Goaltender in League $4,000 Rookie of the Year $4,000 Community/philanthropy-based award $4,000 Playoffs Semi-Finalist $23,000 per Team ($46,000 total) Playoffs Runner-Up $40,250 per Team ($40,250 total) Playoffs Champion $63,250 per Team ($63,250 total) The determination as to which Players qualify for the above bonuses shall be made by the PWHL in its sole discretion after consultation with the PWHLPA, except for the Playoffs bonuses, which shall be divided among Players on a qualifying Team as directed by the PWHLPA. Notwithstanding the above, in the event of format changes, the PWHL and the PWHLPA shall meet and confer concerning amendments to the above bonus schedule, which remain in the PWHL’s ultimate discretion. The PWHL and the PWHLPA shall negotiate concerning any prize money or bonuses associated with any additional tournaments or exhibitions in which the League or its Teams participate. In the event the parties are unable to reach an agreement, this issue shall be submitted to an interest arbitrator in accordance with the Labor Arbitration Rules of the American Arbitration Association. Bonus amounts shall be increased by the same percentages as the average base Salary in each year of this Agreement.
While on a Road Trip or otherwise traveling for PWHL-required activities, Players shall be paid a Per Diem at the rates set forth below for any day in which the Player is traveling and a meal is not provided. If a Player is on the road for less than a full day, the Player shall receive a Per Diem for all meals that have not been provided during travel. Any Per Diem provided that exceeds the standard IRS rate for the relevant market is subject to applicable taxes and withholdings. For all Road Trips, the total Per Diem for such Road Trip shall be paid in a lump sum no later than the beginning of travel, less the Per Diem for any meal(s) provided by the Team. Rates: $81 total ($21 for breakfast; $25 for lunch; and $35 for dinner). These amounts shall be increased by the same percentages as the average base Salary in each year of this Agreement. Per Diem shall not be paid for meals that are provided by the League or Team.
Teams will provide pre-training and post-training and pre-game and post-game meals that are appropriate for professional athletes. Meals may be provided in transit if the Team is traveling or will be provided at the Team facility, venue, or hotel where the Players are staying while on the road. The Per Diem may not be substituted for pre-training and post-training and pre-game and post-game meals.
Each Team shall be responsible for providing Player travel and equipment appropriate for its Players in connection with Team or PWHL-required activities or reimburse its Players for transportation as set forth below. If Players are required to travel to and from any location in connection with Team travel, the Team will provide either a Team bus for transport or reimburse its Players for mileage (to the extent such mileage is beyond the Player’s normal travel to the Team’s training facility or primary game venue), parking, or other reasonable transportation costs incurred, with appropriate documentation to be submitted within thirty (30) days of the time of incurring the expense. For Team bus travel, Players will not be required to have their equipment in their laps or seats. Each Team shall arrange for safe and accessible parking for Players for in-market games, practices, and other PWHL or Team-required events, at no cost to the Players.
Players shall be reimbursed for reasonable expenses necessarily incurred in relocating to the Player’s new Team market, according to the following terms:
Uber) for up to fourteen (14) days. Temporary lodging shall be no more than fifteen (15) miles from the Team’s home venue or practice facility;
Subject to the submission of appropriate expense reports and related receipts within thirty (30) days of incurring the expenses, Players shall be reimbursed for all reasonable League or Team-related out-of-pocket expenses associated with (i) travel to/from medical appointments outside the Team’s facility which are required or approved by the PWHL or the Player’s Team physician; (ii) any and all media or promotional appearances made by the Player; and/or (iii) any other reasonable expense incurred while performing any Player duty or obligation, that are approved by the Team or the PWHL. Mileage reimbursement for transportation shall be at the current IRS rate.
The League and Teams will cooperate with international Players to facilitate the acquisition of necessary visas, travel arrangements, and supporting arrangements for the Player and their partner and children, if applicable, at no additional cost to the Players.
Benefits
During the Term of this Agreement, the PWHL shall offer Benefits Eligible Players the opportunity to participate in any or all of the PWHL’s medical, dental, and vision insurance plans (each, a “Health Insurance Plan”; collectively, the “Health Insurance Plans”), the essential terms of which are that the Health Insurance Plans shall be noncontributory (i.e., no employee premium contribution) for individual coverage and that the medical plan shall have either no deductible or a health savings or health reimbursement account in the amount of any deductible for individual coverage. Within sixty (60) days following ratification of this Agreement, the PWHL will provide the PWHLPA with plan design terms for the Health Insurance Plans. The PWHLPA will have discretion to request changes in the options as soon as reasonably practicable, provided such changes are within the Benefits Cap. The Health Insurance Plans shall be based on a 12-month plan year (a “Plan Year”). The start date for the Plan Year shall be determined at the discretion of the PWHL to reasonably align with the League Year or League Season. Any Benefits Eligible Player shall be eligible for health insurance benefits as of their Qualifying Event Date through the end of that Plan Year, unless terminated, in which case, the severance provisions in Section 7.6 will apply. Any Player who is a participant in a Health Insurance Plan shall have the option of adding their dependents (per policy terms and at the Player’s expense) to that Health Insurance Plan. Such benefits shall be effective per the terms of the relevant Health Insurance Plan(s). The PWHL shall provide the PWHLPA and all Players with any applicable summary plan description. If the PWHL seeks to change any or all of the Health Insurance Plans, it agrees that, upon request, the PWHL will meet to negotiate possible new Health Insurance Plans or new terms of the Health Insurance Plans. Proposals to change the Health Insurance Plans may not be made before August 1, 2024. For purposes of this Agreement, the term “Benefits Eligible Players” shall mean any Player (excluding Reserve Players) who (i) signs a one-year or multi-year SPA, or (ii) signs one or more Short-Term SPAs and is on a Team’s Active Roster for twenty-one (21) or more days during a League Season. The term “Qualifying Event Date” shall mean the date on which a Player (i) signs a one-year or multi-year SPA, or (ii) has been on a Team’s Active Roster for twenty-one
The PWHL shall maintain a group life insurance policy providing a face policy amount of at least $55,000 dollars per Benefits Eligible Player. Players will have access to coverage for their spouse and dependent children at the Player’s expense and per the terms of the policy. If permitted under the policy, a Player whose employment ends will be allowed to convert the policy to an individual policy where they are the policy holder. Beginning in 2024, the PWHL shall also maintain an Accidental Death and Dismemberment policy providing benefits of at least $55,000 dollars per eligible Player who chooses to participate in the coverage at no cost to the Player.
The PWHL shall maintain long-term disability insurance benefits for Benefits Eligible Players. Premiums for such insurance shall be paid by the PWHL.
The PWHL shall provide workers’ compensation benefits in accordance with applicable law, provided that, in any state or province where workers’ compensation coverage is not compulsory, the PWHL either will voluntarily obtain coverage under applicable compensation laws or guarantee equivalent benefits to the Players. In the event that a Player qualifies for benefits under this Section 9.4, such benefits will be equivalent to those benefits paid to injured employees under the compensation law of the state or province in which their Team is located, regardless of any statutory exclusion from coverage for professional athletes. In any state in which a Team has legally elected not to be covered by the workers’ compensation laws of that state, and/or in any state or province in which professional athletes are excluded under the laws of that state or province, the equivalent benefit, if any, to which a Player may be entitled under this Article will be determined under the Grievance procedure in Article 18 of this Agreement. Notwithstanding any statute, regulation, or other state, provincial, or federal laws to the contrary, neither the Team, nor any entity or agent acting on its behalf, shall seek or receive any reimbursement, credit, or offset against a workers’ compensation award or settlement based on any compensation paid by the PWHL to a Player while under an SPA. “Compensation paid by the PWHL to a Player” includes, but is not limited to, Per Diem, Salary, bonuses, permanent disability (and/or impairment), medical treatment, temporary total disability benefits, and temporary partial disability benefits.
Beginning January 1, 2025, a 401(k) plan (the “Retirement Plan”) shall be implemented allowing elective deferrals (i.e., Player contributions) and employer contributions. In the event that benefit costs as described in Section 9.12 below are below the Benefits Cap (as defined in Section 9.12 below) in a League Year, the difference up to the Benefits Cap will be contributed by the League to a retirement account, if consistent with applicable law.
The League must continue a Benefits Eligible Player’s base Salary and all other benefits in the event of pregnancy until the earlier of such time as the Player is cleared to return to play by both the Player’s medical doctor and a Team physician or the end of the League Season in which pregnancy-related disability commences. A difference of opinion between the two (2) physicians shall be resolved consistent with the procedure in Section 11.4.
Upon hire and/or during annual open enrollment, Benefits Eligible Players will have the option to enroll in a dependent care flexible spending account, a pre-tax benefit used to pay for eligible dependent care services, such as preschool, summer day care, before or after school programs, and child or adult daycare.
Upon a Player’s request, the PWHL shall ensure that the Player’s Team identifies and makes available (a) accommodations for nursing Players that provide a comfortable, safe, clean, private place that is shielded from view and free from intrusion from others; (b) access to refrigeration for breastmilk; and (c) reasonable opportunities or other breaks for the purpose of pumping breast milk. It is understood that a bathroom is not an acceptable accommodation.
Any Benefits Eligible Player who births or adopts, or whose partner births, a child during a League Season shall be entitled to the lesser of (a) up to eight (8) weeks paid leave at one hundred percent (100%) of the Player’s PWHL base Salary for the current League Season (which may be paid in part by an applicable short-term disability policy), or
If permitted by law, the PWHL will offer Benefits Eligible Players the option to enroll in a flexible spending account, a tax-advantaged account to allow Players to use pre-tax dollars to pay for qualified medical expenses such as copayments and deductibles, qualified prescription drugs, and medical devices, per the terms of such plan.
The cost of benefits under this Article 9 (excluding Sections 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 9.10, and 9.11) shall not exceed, in any League Year, twenty-five percent (25%) of the total Player Salary expenditures for such League Year (the “Benefits Cap”). In the event that benefit costs as described in this Section 9.12 exceed the Benefits Cap in a League Year, the PWHL may, after discussion with the PWHLPA, amend any or all of the benefits so as to prevent benefits costs under this Article 9 from exceeding the Benefits Cap.
Time Off
“Time Off” shall mean the protected period of time in which the PWHL and its Teams may not require work from any Player including, but not limited to, training, strength or conditioning, games, meetings, appearances, or travel. Recognizing that the PWHL does not control the international game calendar and does not employ Players in the performance of their respective national team duties, international competitions, national team training camps or training sessions, and/or other non-PWHL work performed on behalf of a national team, such work may be performed during a Player’s Time Off.
Teams shall provide Players with at least one (1) day of Time Off per week.
There shall be no more than five (5) hours of practice, training, or meeting time on any day, including during Pre-Season.
In the event there is a death in a Player’s Close Family, the Player shall be granted up to five (5) days of a leave of absence without loss of pay. The League agrees that any reasonable requests by a Player for bereavement leave beyond that required here shall not be unreasonably denied.
The League shall permit any Player who qualifies to participate in the Olympics, IIHF World Championship, or other international tournaments/competitions. The League shall not schedule any games during IIHF international breaks and the Olympics (“International Breaks”). The League and Players on Teams not participating in international competition, unless during an International Break, shall remain in market and participate in any scheduled training or other activities. The League shall collaborate with national governing bodies to establish scheduling best practices as between League play and international competition.
The League shall provide for an in-season break of at least one (1) week at approximately the mid-point of the Regular Season (the “In-Season Break”). The specific dates of the In-Season Break will be determined by the PWHL in its sole discretion, after consultation with the PWHLPA. Players will not be required to participate in any practice, training, media appearances, or other activities during the In-Season Break, except that All-Star Game participation may take place during up to two (2) days of the In-Season Break.
Mental Health, Physical Condition, Medical
All Players must complete a comprehensive Pre- Competition Medical Assessment (“PCMA”) prior to participating in training or games (either at the start of the League Season, or later, if the Player joins the PWHL after the start of the League Season). The elements of the PCMA shall be determined by the PWHL’s Medical Director and may include, among other tests: • Cardiac EKG and possible Echocardiogram • Orthopedic evaluation • Physical evaluation • Concussion baseline and SCAT5 • Blood tests All Players must complete an exit physical by the end of each League Season (or as soon as practicable thereafter for the two (2) Teams participating in the final Playoff Game) before departure from the Player’s Team’s home market. All entry and exit physicals are to be completed and signed off on by the Team physician(s), unless otherwise agreed by the PWHL.
The results of Player medical examinations conducted by the PWHL, including, but not limited to, pre- and post-seasons medical examinations, shall be treated as confidential medical records. The results of Player examinations and tests shall be shared with the Player upon request. The costs of all PWHL-required examinations and tests shall be borne by the PWHL or Player’s Team. In addition to the PCMA and exit physical, Players may also be required to submit, on reasonable dates and times at the expense of the PWHL, to reasonable additional medical examinations. The PWHL and its Teams shall cooperate with all requests by a Player or former Player for copies of the Player’s or former Player’s available medical records, including athletic trainers’ notes when available and shall provide such records and notes within a reasonable period of time following the request. When a Player changes Teams within the PWHL, the Player’s medical records, including athletic trainers’ notes, shall be forwarded to the Player’s new Team.
Should a Player suffer an Injury during the term of the Player’s SPA in the performance of their duties under the SPA, the Player shall submit to a medical examination and treatment by a physician designated by the Team, and such rehabilitation activities as such physician may specify. Treatment and rehabilitation of such Injuries shall fall under the direction of Team medical staff. Examination and treatment for any such Injury shall be paid for by the PWHL and/or through the Workers’ Compensation Policy. Further, where the PWHL or Team physician refers a Player to another medical professional for recommended treatment, the PWHL or Team shall cover all out-of-pocket medical expenses not covered by the Player’s health insurance as well as travel costs resulting from such referral.
The decision for a Player to train, play, or return to play shall be made by the PWHL’s or Team’s physician, who may receive input from the PWHL’s or Team’s health professionals. Such physician shall evidence their determination by written correspondence identifying and explaining their determination, which shall be provided to the Player and the PWHL and Team no later than seventy-two (72) hours after the completion of the examination.
Neither the PWHL nor any Team, agent, or employee thereof shall disclose or otherwise make public private medical information relating to a Player and/or individually-identifiable fitness information relating to a Player without the Player’s prior written consent. However, each Team may make public medical information relating to the Players on its Roster, provided that such information relates solely to the reasons why any such Player has not been or is not rendering services as a Player. In addition, nothing in this provision prohibits Team or PWHL agents or employees from sharing medical or fitness information based on a need-to-know capacity for purposes of providing medical assistance, rehabilitation, or training for a Player, or to any entity from which the PWHL or Team seeks to procure, or has procured, an insurance policy covering such Player’s life or any disability, injury, illness, or other health condition such Player may suffer or sustain. Players are required to execute any waivers, consent forms, or other documentation required under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and applicable state or local laws in order to facilitate the provisions of this Section 11.6, on a form agreed to by the PWHL and the PWHLPA. Nothing in this Section 11.6 shall limit the PWHL or a Team from disclosing medical information related to an injury, illness, or other health condition with respect to any Player who has made medical information available publicly that is inconsistent with the written opinion of a Team physician.
Subject to the obligations of the parties under this Article 11 and Section 10 of the SPA, the PWHL and/or Team staff may only conduct physiological monitoring and testing and collect individually-identifiable Biometric Data throughout the League Season and at other times in connection with training or games with the consent of the Player and the PWHLPA, provided that before capturing or using any Biometric Data, whether captured by a wearable device, sensors, or any other means, the PWHL and the PWHLPA must agree on the capturing methods, the specific data to be captured, and the guidelines for privacy, storage, usage and commercialization of each piece of Biometric Data.
League may capture (by sensors, or any other non-obtrusive means) and use Performance Data for commercial or promotional purposes to the extent it qualifies as Likeness. “Non-obtrusive means” shall be measured by the reasonable standards of a professional athlete.
Player to capture such Player’s voice during games or practices, the League and the PWHLPA must agree on where the microphones shall be placed on the Player (which must be non- obtrusive, as defined in Section 11.8), the capturing methods, how and by whom such captured content will be screened before being aired on broadcast or otherwise, and what will happen to the content after the conclusion of the broadcast, and whether the content can be commercialized otherwise. The parties agree that it shall be at the Player's discretion whether or not to wear a microphone.
professional duty of all individual health care professionals, such as Team physicians, certified athletic trainers/therapists, physical therapists, chiropractors, dentists and neuropsychologists, shall be to the Player-patient regardless of the fact that she or her hospital, clinic, or medical group is retained by such Team to diagnose and treat Players. In addition, all Team physicians who are examining and evaluating a Player pursuant to the PCMA (either pre-season and/or in- season), the annual exit examination, or who are making a determination regarding a Player’s fitness or unfitness to play during the League Season or otherwise, shall be obligated to perform complete and objective examinations and evaluations and shall do so on behalf of the Team, subject to all professional and legal obligations vis-a-vis the Player-patient.
suffer an Injury during the term of the Player’s SPA in the course and scope of their duties under the SPA that requires surgery, the Player may elect to have surgery performed by a surgeon of the Player’s own choice and the Player’s reasonable and customary costs related to the surgery shall be paid if the surgeon is in the workers’ compensation network, the PWHL’s health insurance networks, or in any other network by which the Player is covered or where the provider agrees to a comparable fee schedule. The Player must obtain the Team’s consent to the surgeon of her choice, which shall not be unreasonably withheld.
health condition sustained solely as a result of performance of the Player’s obligations under their SPA shall be treated in the same manner as a Player who is deemed unfit to play due to a physical Injury.
Assistance Program. The program shall provide no fewer than three (3) free counseling sessions, whether in-person or virtual, with a licensed professional counselor or therapist. Information on how to access the program shall be shared during annual health insurance open enrollment and during new employee onboarding.
available paid sick leave each League Year, provided that medical verification may be required for leave in excess of three (3) consecutive days.
Travel And Game Tickets
Team travel longer than six (6) hours or four hundred (400) miles shall be by air on regular commercial carriers in economy/coach class. A determination of whether a trip exceeds four hundred (400) miles shall be measured by the distance between the point of origin and destination. When traveling by air on commercial flights, Teams shall make reasonable efforts to fly without connecting flights, if available, and shall make reasonable efforts to ensure that all Player seats on such flights are aisle or window seats, if available. In the event that total travel time is less by ground transportation than air travel (e.g., due to connections or layovers), such Team travel may exceed six (6) hours or four hundred (400) miles by ground transportation with the agreement of a PWHLPA representative. For international travel (which shall not include travel between the United States and Canada), Players shall travel in business class. Where travel is by bus, Players shall not be required to carry equipment in the seating areas.
Hotel accommodations must be comparable to a TripAdvisor two-star class hotel, or better. Players shall be provided with rooms with no more than two (2) Players per room, with the option to upgrade to a single room at their own cost, except that Players traveling with a child under three (3) years of age will be provided a single room. The Team must provide transportation from the hotel to the venue for both the Players and their equipment. Players who want to upgrade to a single room must provide the Team with at least fourteen (14) days’ advance notice. The PWHL will make good-faith efforts to accommodate Players in hotels no more than fifteen (15) miles from the venue in which they will be playing.
Each Player will have the right to request and receive up to
The PWHL will pay for appropriate coaching and support staff to travel with each Team to all out-of-market games. Such staff must be discussed with the PWHLPA upon request.
Player Movement
For purposes of this Section 13.1, Players will be credited with a PWHL Service Year at the end of the League Season if they are or were on the Active Roster of a Team in the PWHL for at least one (1) Regular Season Game at any time during that League Season.
A Player traded to another Team must report to that new Team within forty-eight (48) hours if the trade is during the League Season and seventy-two (72) hours if during the Off-Season. After reporting to their new Team, the Player will be allowed two (2) consecutive days off to organize their affairs, which shall be coordinated with the Player’s new Team. Permission for a Player to take one (1) or more of these two (2) days prior to reporting to their new Team shall not be unreasonably denied. Teams shall have the right to trade Players unless otherwise provided in a Player’s SPA. Teams shall not have the right to trade Players after the Roster Freeze Date.
The PWHL or the Team shall provide written notice to the impacted Player and the PWHLPA as early as possible, but in no event less than three (3) days, following any decision involving such Player’s movement.
Professional Development And Education
The PWHL and Teams will support the Players in requesting that colleges and universities allow Players who leave college or university early to join the League to return to college or university to finish their education at the same scholarship rate and without academic penalty.
The PWHL and Teams will commit to working with the Players, USA Hockey, Hockey Canada, NCAA, IIHF, the NHL, and other potential partners and sponsors to determine possible licensure (e.g., coaching licensure) and other professional development opportunities for Players, both during the Off-Season and after their playing career. The PWHL and Teams commit to making best efforts to work with Players to explore potential employment in other capacities for the Teams, the League, or media (e.g., marketing, coaches, trainers, etc.). If a position or opportunity presents itself, a retired Player will have the ability to apply for and be considered for it.
Roster Size
By the Roster Compliance Date of a League Season, each Team shall have twenty-three (23) Players on its Roster (“Active Roster”). The Active Roster shall be maintained throughout the League Season. For purposes of counting Players on an Active Roster for compliance with minimum Roster size, Players in the following categories at the time the count is conducted will not be included: (1) Players on the Season-Ending Injury List; and (2) Players on the Short-Term Injury List. Notwithstanding the foregoing, any Team may, from time to time as appropriate, but for no more than twenty-four (24) consecutive hours at a time during the Regular Season, have twenty-two (22) Players on its Active Roster.
be used in a League Season that are not included on a Team’s Roster (“Reserve Players”). Each Reserve Player shall receive a stipend for the League Season of no less than $15,000. Teams may add a Reserve Player to their Roster through an SPA, including a Short-Term SPA, and the PWHL shall pay such Reserve Player a pro rata amount of based on the minimum Salary (with the numerator of such pro-ration equal to the number of calendar days for which the Player is signed to a Short-Term SPA and the denominator of such pro-ration equal to the total number of calendar days in that League Season). Reserve Players who have trained exclusively with a particular Team may not be required to play against such Team (i.e., for a competitor of such Team) in the game in which they are called to play.
Each League Season, the Roster Compliance Date will not be later than the conclusion of the day prior to the first Regular Season Game.
Safety And Working Conditions
The PWHL shall apply The USA Hockey Concussion Management Protocol (the “Concussion Protocol”). The PWHL shall notify the PWHLPA of the implementation of any updated version of the Concussion Protocol, which shall be applied by the PWHL.
The PWHL and the PWHLPA agree to the Concussion Protocol procedure to address the in-game evaluation and diagnosis of potential concussions, and the subsequent management and treatment of Players diagnosed with concussions. The parties further agree to evaluate and address potential deviations from the Concussion Protocol.
The parties also recognize that Player participation and cooperation is essential to the diagnosis and management of this Injury. To that end, the parties shall jointly develop education and messaging to be shared with Players on a regular basis, including, but not limited to, the importance of (i) reporting concussion symptoms, and (ii) cooperating with Team medical staff in all areas of concussion care.
The PWHL and the PWHLPA will discuss guidelines to ensure that all League venues and training facilities are appropriate for professional/international hockey. The PWHLPA will be provided with a copy of proposed guidelines a reasonable time in advance of their effective date in order to provide comments and suggest modifications. Pending the finalization of the guidelines, the PWHL will provide safe working conditions in all League training and game venues. The PWHLPA and the League will develop and agree upon safety rules concerning Player injuries and injury risk that are consistent with the highest standards for women’s professional/international hockey.
Player Conduct And Discipline
Players (and, for all references to Players in this Article 17, Reserve Players) shall not do anything detrimental or prejudicial to the best interests of any or all of the League Entities or the sport of hockey. Players shall at all times conform their conduct to standards of good citizenship, good moral character, and good sportsmanship. Without limiting the foregoing, Players shall also be required at all times to comply with all terms and provisions of this Agreement; to perform all services required under their SPAs; to comply at all times with all applicable federal, state, and local laws; to be neatly attired and present a professional appearance during Player appearances, travel days, and travel to and from practice or playing facilities; and to follow all reasonable rules and regulations of the PWHL and its Teams promulgated in accordance with this Agreement.
PWHLPA shall be provided an electronic copy of any Team discipline imposed upon a Player within two (2) days of issuance. Prior to the imposition of any discipline, the Team shall notify the Player and the PWHLPA of any investigatory interview of a Player that may result in Player discipline, and the PWHLPA shall have the right to be present during such interview upon the Player’s request.
The PWHL may impose discipline only for just cause. The PWHLPA shall be provided an electronic copy of any Team discipline imposed upon a Player within two (2) days of issuance and consistent with the terms of this Article. Prior to the imposition of any discipline, the PWHL shall notify the Player and the PWHLPA of any investigatory interview of a Player that may result in Player discipline, and the PWHLPA shall have the right to be present during such interview upon the Player’s request. Discipline may include, but is not limited to, termination of a Player’s employment and SPA by the PWHL, consistent with applicable law; suspension of payments, benefits, or privileges by the PWHL otherwise required by the SPA or this Agreement; suspension (whether paid or unpaid) of employment under the SPA or this Agreement; and reprimand, penalties, and/or fines imposed against a Player. Discipline may be subject to the grievance and arbitration provisions in this Agreement as set forth in Article 18, Grievance and Arbitration. The PWHL agrees to provide electronic notice to any Player who receives discipline, and to serve the PWHLPA with an electronic copy of said notice within two (2) days of issuance, unless the Grievance procedures provide for a shorter notice period, in which case the more specific provisions shall govern. Monies collected as a result of any fines levied against Players by the PWHL pursuant to this Section 17.3 shall either be used for the benefit of Players (which cannot be used by the PWHL or the Team to pay any routine operational costs or expenses) at the PWHL’s discretion or donated to a charity of the PWHL’s choice.
All fines shall be deducted from a Player’s paycheck for the pay period immediately following the later of the imposition of such fines or, if an appeal is taken, the determination on appeal. When a Player is suspended (i) for a predetermined number of games or for any period of time during the Post-Season, the Player’s full base Salary for the Season in which such suspension occurs shall be reduced by an amount equal to their full base Salary multiplied by a fraction, the numerator of which shall be the number of Regular Season Games and Playoff Games missed as a consequence of the suspension, and the denominator of which shall be the number of Regular Season Games in such Season; (ii) for a duration of days or an indeterminate duration not including any period of time during the Post-Season, the Player’s full base Salary for the Season in which such suspension occurs shall be reduced by an amount equal to their full base Salary multiplied by a fraction, the numerator of which shall be the number of Regular Season days missed as a consequence of the suspension, and the denominator of which shall be the total number of days in such Regular Season, provided, however, that the foregoing calculation shall not result in the reduction of a Player’s base Salary in an amount greater than such base Salary. If, at the later of the time the Player is fined or suspended or a determination on appeal, the amount remaining to be earned under their SPA is not sufficient to cover such fine or suspension amount, the PWHLPA, the PWHL and the Player shall discuss an appropriate payment schedule for payment of the amount due to the PWHL before implementation.
Players are required to cooperate with investigations conducted by the PWHL consistent with the process described in Section 17.2 and 17.3. Failure to so cooperate, in the absence of a Player’s reasonable apprehension of their own criminal prosecution, may subject the Player to reasonable fines and/or suspensions imposed by the PWHL.
Grievances And Arbitration
A “Grievance” is any dispute involving the interpretation or application of or compliance with any written agreement between the PWHL and the PWHLPA or between a Player and the PWHL. The Grievance procedures set forth in Sections 18.3 and 18.4, below, shall be the sole and exclusive Grievance procedures for alleged violations of this Agreement and/or an SPA.
The parties recognize that a Player may be disciplined for just cause, as provided in Article 17. All Player discipline imposed by the PWHL or its Teams shall be subject to the Grievance procedures set forth in Sections 18.3 or 18.4, below.
Issued by the PWHL: All Grievances involving the imposition of discipline upon a Player by the PWHL with respect to on-ice conduct or conduct that the Hockey Operations Officer or their designee determines is detrimental or prejudicial to the best interests of any or all of the League Entities or the sport of hockey shall be resolved exclusively as follows:
games or a fine of $2,500 or more, the PWHLPA may file an appeal to the Impartial Arbitrator as set forth in Section 18.5, below.
A Grievance involving off-ice conduct or a breach of this Agreement may be initiated by the PWHLPA or the PWHL. Such Grievance must be initiated within ten (10) days from the date of the occurrence or non-occurrence of the event upon which the Grievance is based, or within ten
Within fourteen (14) days following the Grievance Committee meeting, the Grievance Committee will notify the parties by email, indicating whether the Grievance is sustained, denied, or unresolved by the Grievance Committee, and the reasons for the determination.
Any time periods provided for in this Article 18 may be extended only by mutual written agreement of the parties.
Player Council
The PWHL and the PWHLPA agree to the establishment of a Player Advisory Council (“Council”) to allow continued dialogue between the PWHL, the
Teams, and the Players. Each Team will elect one (1) Player representative, with those representatives representing the PWHLPA, and the PWHL may designate up to four (4) representatives. The Council will meet at least two (2) times each League Year to discuss issues of mutual concern other than pending Grievances.
To further these interests, the parties endorse the Council as a non-exclusive means for identifying and understanding the PWHL and Player issues and ideas for best practices. The parties intend to continue to foster an ongoing, communicative relationship in which the Players and the PWHL are encouraged to speak freely with each other in seeking to identify issues or concerns and/or ideas for best practices to support Players, the PWHL, and the Teams. The Council shall not be a forum for collective bargaining and the Council shall have no bargaining authority. Disposition of matters by the Council shall not contradict, add to, or otherwise modify the terms and conditions of this Agreement.
Each party is responsible for its own costs associated with attending the meetings. A representative(s) of the PWHLPA may also attend the meeting. Any Council member may propose topics for consideration to be included in the meeting agenda. The agenda items shall be reviewed and shall be limited to items which are of a group rather than individual interest or concern and shall not include issues that are being proceeded under the Grievance Procedure. The parties shall review the proposed agenda items and agree to a joint agenda at least two (2) weeks prior to the meeting.
Media Appearances
A Player shall be available for and participate in appearances and/or interviews for television, film, audio/radio, newspaper, digital media, magazine, and other media representatives at the request of the PWHL and/or the Team. Media appearances shall include pre-game, in-game between periods, and post-game interviews, pre- or post-training interviews, media days associated with events such as All-Star Games, Playoff Games, etc., and shall not include any Promotional Appearances or Commercial Appearances, as defined in Article 22, below. All media appearances shall, if practicable, be conducted in the venue of a game or practice site. Locker rooms, however, shall be closed to the media. Players shall not unreasonably refuse to participate in media appearances. The PWHL and/or the Teams shall use good-faith efforts to use the entire Roster of Players throughout the course of the League Year to meet the demand for appearances/interviews, taking into consideration the requests of the media. For the avoidance of doubt, nothing in this Agreement shall limit any or all of the League Entities or a media/broadcast partner from using the Likeness of any Player(s) in materials to promote any or all of the League Entities, any or all of the PWHL Games, and/or the sport of hockey, regardless of whether there is an associated sponsor.
Promotional Rights And Appearances
The PWHL and the Teams shall have the right to display, use, and/or otherwise disseminate, by any means or media now known or hereafter developed, the Likeness of any or all Players, individually or collectively, to promote, market, or advertise any or all of the League Entities, any or all of the PWHL Games, and/or the sport of hockey, regardless of whether there is an associated sponsor (collectively, the “Promotional Rights”).
Upon request by the PWHL or a Team, a Player shall participate in up to ten (10) Promotional Appearances of up to two (2) hours in duration each on behalf of the PWHL or the Team, as applicable, in each League Year, at reasonable places and at reasonable times. A “Promotional Appearance” is any public or community appearance by a Player that promotes the any or all of the League Entities, any or all of the PWHL Games, and/or the sport of hockey, and which is not a Commercial Appearance. Promotional Appearances may include, but are not limited to, youth organizational visits, charitable appearances, public service or other community service event appearances, award shows, projects and programs, photo shoots, skills shows, talks, speeches, autograph signings on non-game days not to exceed one (1) hour, clinics (not to exceed one (1) hour) that are used to promote any or all of the League Entities, any or all of the PWHL Games, and/or the sport of hockey. A Player shall not be required or compelled to play hockey as part of any Promotional Appearance.
If, at the request of the PWHL or a Team, a Player makes any Promotional Appearances in excess of the Promotional Appearances provided under Section 21.2, above, the Player shall be compensated at the rate of five hundred dollars ($500) for each additional Promotional Appearance of up to two (2) hours (exclusive of travel time) beyond the first ten (10) Promotional Appearances. Any travel time over one (1) hour will count toward the two (2)-hour session. If a Player consents to any Promotional Appearance of more than two (2) hours in length (exclusive of travel time), the Player shall be compensated at the rate of one hundred dollars ($100) for each hour (or portion thereof) after two (2) hours. All Promotional Appearances (individual and Team) shall count toward the number of Promotional Appearances.
Promotional Appearances will not be scheduled prior to a game on a game day. The PWHL or its Teams must provide the Player with no fewer than three (3) days’ notice of a Promotional Appearance. If fewer than three (3) days’ notice is provided, a Player may still, but is not obligated to, consent to the requested appearance. Players shall be given a reasonable amount of time between the end of training and the commencement of a Promotional Appearance. If a Promotional Appearance is scheduled to commence within two (2) hours after the end of training or other Player duties, a meal or Per Diem must be provided by the Team or the PWHL. The PWHL and each Team shall use good-faith efforts to use the entire Roster of Players throughout the course of the League Year to meet the demand for Promotional Appearances. A Player may not be required to make more than three (3) Promotional Appearances in a League Year before at least twenty (20) Players on the Team have made or have been scheduled by the Team or League to make at least one (1) Promotional Appearance in that League Year. A Player may not be required to make more than six (6) Promotional Appearances in a League Year before at least twenty (20) Players on the Team have made or have been scheduled by the Team or League to make at least two (2) Promotional Appearances in that League Year. For the avoidance of doubt, if a Player is scheduled to make a Promotional Appearance, but does not make such Promotional Appearance, such instance shall satisfy the League’s obligation to schedule that Player for a Promotional Appearance under this provision. No Promotional Appearances shall be made on behalf of a commercial League sponsor, nor shall any Promotional Appearances require a Player to give a testimonial for any product or service. Players traveling for Promotional Appearances shall be reimbursed for travel and related expenses in accordance with Sections 8.6, 8.8, and 8.10, above.
The PWHL and/or its Team(s) may reasonably require Players to sign autographs for fans following the conclusion of any PWHL Games in accordance with this Section 21.5. Post-game autograph signings shall not be compensated. In addition, in each League Year, a Player may be required to participate in two (2) autograph signing sessions on non-game days without additional compensation. Such signings shall be considered Promotional Appearances under Section 21.2, above. Any required autograph signing sessions not covered by this Section 21.5 or Section 21.2, above, shall be compensated in accordance with either Section 21.3 or Section 22.1, as appropriate. Required autograph signings shall not be longer than thirty (30) minutes on a game day and sixty (60) minutes on non-game days. No more than twelve (12) Players may be required to be present at each game day autograph signing, and each Team shall use good-faith efforts to use the entire roster of Players throughout the course of the League Year in connection with autograph signings.
Payments for any appearances subject to this Article 21 shall be made to the Player within thirty (30) days of the appearance, subject to applicable withholdings. Information concerning payments made under this Section shall be shared with the PWHLPA on a quarterly basis.
Commercial Rights And Appearances
A “Commercial Appearance” is any appearance by a Player in which the primary purpose of the appearance is to promote a commercial affiliate or commercial enterprise other than any or all of the League Entities, any or all of the PWHL Games, or the sport of hockey. When the PWHL or a Team requests that a Player make a Commercial Appearance, the Player shall be compensated a minimum of one- thousand dollars ($1,000) for the Commercial Appearance for up to two (2) hours (exclusive of travel time). If a Player consents to a Commercial Appearance of more than two (2) hours in length, the Player shall be compensated at a minimum rate of $1,500 for each hour or portion thereof after two (2) hours. A Commercial Appearance on behalf of a sponsor may include the appearance itself as well as the sponsor’s right to use or to refer to the Commercial Appearance within a day following the appearance . Except as set forth below and in the Group Commercial License Agreement, the PWHL and the Teams may not compel a Player to participate in a Commercial Appearance or endorse or otherwise support any product, service, and/or political or philosophical messaging that conflicts with a Player’s sincerely held political, moral, philosophical, or religious beliefs. In addition, the PWHL may not compel a Player to engage in any activity that violates or conflicts with the terms of a Player’s individual agreement(s) with a sponsor(s) or with an agreement that the Player is negotiating in good faith, provided that the Player discloses such sponsor agreement terms to the PWHL in accordance with terms of the Player’s SPA. Players traveling for Commercial Appearances shall be reimbursed for travel and related expenses in accordance with Sections 8.6, 8.8 and 8.10, above. Notwithstanding the above, in addition to their other contractual commitments, Players will, upon request, participate in an annual sponsorship event for the partners of the League and its Teams.
As set forth in the Group Commercial Licensing Agreement, and subject to the provisions of that agreement, the League will make the following annual payments in the following amounts to the PWHLPA, on the schedule and subject to pro-ration as set forth in the Group Commercial License Agreement. Year 1: $550,000 Year 2: $566,500 Year 3: $583,495 Year 4: $601,000 Year 5: $619,029 Year 6: $637,600 Year 7: $656,728 Year 8: $676,430 Within ninety (90) days of ratification of the CBA, the parties will meet to engage in good faith discussions concerning a commercial rights payment structure so that Players may share in the proceeds of merchandise sales. If the parties reach an agreement, this Section 22.3 may be amended to reflect a revised payment structure.
The rights and license that the PWHLPA granted to the League under the Group Commercial License Agreement will revert to the PWHLPA following expiration or termination of this Agreement.
All Star Game
In the event the PWHL elects to hold an All-Star Game in any League Season, the PWHL will name a minimum of twenty-four (24) Players per ASG team roster (that is, if the ASG features two (2) teams of Players, there will be two (2) rosters; if the ASG features one (1) team of Players, there will be one (1) roster) as “All-Stars.” If named to an ASG roster, Players will participate in the ASG and related league events (collectively, the “All-Star Events”), unless unable to do so due to Injury. Players selected for, and who participate in, the All-Star Events shall be considered All-Stars for purposes of any performance bonus and/or base salary adjustment as set forth in this Agreement or the Player’s SPA. Players named to an ASG team roster but unable to participate in the ASG due to Injury will participate in the other All-Star Events, unless prevented from doing so due to their Injury. Players who participate in the ASG shall be entitled to a bonus as set forth in Section 8.4, above. Players who are selected as All- Stars but do not participate due to Injury shall still be entitled to the bonus.
No Discrimination
This Agreement shall be applied to all Players without discrimination on the basis of religion, race, color, national origin, sex, gender, gender identity, sexual orientation, age, disability, marital status, parental status, or union activity, in accordance with applicable law.
No Strikes / No Lockouts And Other Undertakings
Neither the PWHLPA nor any Player shall authorize, encourage, or engage in any strike (including sympathy strikes), work stoppage, slowdown, or other individual or concerted interference with the activities of the PWHL during the Term of this Agreement. Additionally, no Player shall decline to play or practice or fulfill any other obligations under their SPA or otherwise interfere with the activities of the PWHL or any Team, or individually or in concert encourage any other Player to do so for any reason because of any picketing or any labor dispute. Players may be disciplined for violating this Article 25. The PWHLPA 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 SPA.
The PWHLPA shall not support or condone any action of any Player that is not in accordance with this Article 25, and the PWHLPA shall exert reasonable efforts to induce compliance with this Article 25. The PWHLPA will use reasonable efforts to prevent each Player from (a) refusing, or threatening to refuse, to participate in any PWHL Game or competition; (b) rendering, or threatening to render, services as a professional hockey player for another professional hockey league or team during the term of their SPA; (c) otherwise breaching, or threatening to breach, their SPA; and (d) making any demand upon the PWHL, including, but not limited to, a demand (accompanied by threats that the Player will render services as a professional hockey player for another professional hockey league or team during the term of their SPA) that such SPA be renegotiated during the term thereof; provided, however, that this provision is not intended to prevent any Player from entering into negotiations with the PWHL with respect to the compensation to be paid to said Player for the Season(s) following the last playing Season covered by any SPA, or renewal or extension thereof.
The PWHL shall not engage in a lockout during the Term of this Agreement. Notwithstanding the foregoing, nothing in this Section 25.3 shall impair the rights accorded the PWHL by Article 28 (Termination by PWHL/Force Majeure).
No Hazardous Activities
Absent the express written consent of the PWHL, which shall not be unreasonably withheld, Players (and, for purposes of this Article 26, Reserve Players) are forbidden from engaging in activities that may involve significant risk of personal injury or illness, including, but not limited to:
Further, the PWHL shall not unreasonably withhold consent for any Player seeking to play hockey for or in connection with non-competitive charity or alumni events, provided that no more than five (5) Players participate in any single event. Moreover, no League Marks shall be used in connection with any such event without the PWHL’s advance written consent.
Season Schedule And Draft
Pre-Season training shall begin no earlier than November 1 in the 2023-24 season. Thereafter, Pre-Season training shall begin between two (2) and three (3) weeks prior to the start of each Regular Season. Following the 2023-24 season, Pre-Season shall be no fewer than two (2) weeks and no longer than three (3) weeks in duration. The PWHL shall make reasonable efforts to provide notice of the Pre-Season Start Date for the next League Season no later than one (1) month following the last Playoff Game of the prior League Season.
Notwithstanding anything to the contrary in this Agreement, Players participating in Pre-Season training including, for purposes of this Section 27.2, players invited to participate in Pre-Season Training but who have not been signed to an SPA (“Potential Players”) will receive a housing stipend equal to the properly pro-rated amount prescribed in Section 9.5, pre- and post-game and pre- and post- training meals, and/or Per Diem, in accordance with this Agreement. Players and Potential Players will receive a Pre-Season training stipend for each week that they are participating in Pre-Season Training of $500 in the 2023-24 League Season, which shall be increased by three percent (3%) in each League Year of this Agreement. The Pre-Season training stipend shall be paid in installments in accordance with Section 8.1(e), or on a weekly basis, at the discretion of the PWHL. For purposes of this Section 27.2, a week shall be interpreted as a consecutive seven (7) day period, regardless of whether the period starts on the first date of a calendar week, during which Pre-Season Training takes place. The Pre-Season training stipends shall apply fractionally to any partial portion of a week.
Each Team shall bring a minimum of twenty- eight (28) Players and/or Potential Players to the Pre-Season training camp.
Except in the event of a Force Majeure Event, in all Seasons except for the 2023-2024 Season, Teams may play no fewer than thirty (30) Regular Season Games and no more than thirty-two (32) Regular Season Games in a single League Season, unless otherwise approved by the PWHLPA. Except in the event of a Force Majeure Event, in the 2023-2024 Season, Teams may play no fewer than twenty-four (24) Regular Season Games and no more than thirty-two (32) Regular Season Games. Any All-Star Game, Pre-Season Game, Playoff Game, or other Player Showcase Games, or other scrimmages are not included in this number. Additionally, any international competitions are not included in this number.
Except in exigent circumstances, the PWHL will not schedule a Team for more than four (4) games in any seven (7) day period and no Team shall play on three (3) consecutive days.
The PWHL and the PWHLPA shall meet no later than twenty
Force Majeure
For purposes of this Agreement, “Force Majeure Event” shall mean the occurrence of any of the following events or conditions outside the reasonable control of the PWHL or its Teams that imposes substantial limitations on the ability of fans to attend games, makes it impossible, legally impermissible or hazardous, or creates a significant negative economic impact, for the PWHL or any of its Teams to hold team training and/or games, including, but not limited to: wars or war-like action (whether actual or threatened and whether conventional or other, including, but not limited to, chemical or biological wars or war-like action); sabotage, terrorism, or threats of sabotage or terrorism; government orders stemming from the COVID-19 pandemic or any other pandemic or epidemic; weather or natural disasters, including, but not limited to, fires, floods, droughts, hurricanes, tornados, storms, or earthquakes, strikes or lockouts, or other work stoppages. Upon the occurrence of a Force Majeure Event, the PWHL shall be relieved of its obligations to continue Player compensation and benefits for the duration of such Force Majeure Event. If the PWHL ceases hockey operations, whether due to a Force Majeure Event or otherwise, the PWHL shall be relieved of its obligations to continue Player compensation and benefits, provided that in no event shall Players receive severance pay and benefits less than those provided under Section 7.6. Upon request, the League shall engage in effects bargaining.
Media Rights
The PWHLPA agrees that the PWHL and all League-related entities have the right during and after the Term of this Agreement to use, exhibit, distribute, or license any performance by the Players under this Agreement or the Standard Player Agreement, in any or all media, formats or forms of exhibition and distribution, whether analog, digital or other, now known or hereafter developed, including, but not limited to, print, tape, disc, computer file, radio, television, motion pictures, other audio-visual and audio works, Internet, broadband platforms, mobile platforms, applications, and other distributions platforms (collectively, “Media”).
Severability And Governing Law
Nothing in this Agreement shall be construed to require either party to act contrary to any applicable federal, state, or local law, regulation, ordinance, governmental authority, or declaration.
The parties are executing this Agreement with the belief that it is in conformity with all applicable federal, state, and local laws, and governmental rules and regulations. In the event that any provision in this Agreement should be held illegal, invalid, or unenforceable for any reason by a court or agency which has proper jurisdiction over the matter, said illegality or invalidity shall not affect any of the remaining provision(s) of this Agreement, and the provision held illegal or invalid shall be fully severable and this Agreement shall be construed and enforced as if said illegal or invalid provision had never been included in this Agreement. If either party desires to negotiate a new provision regarding any unlawful, eliminated portion of this Agreement, that party may serve written notice upon the other, of its desire to negotiate a new provision based on the invalidated portion of this Agreement. The parties shall meet within thirty (30) days of the written notice to negotiate possible changes to this Agreement. Any new provision to this Agreement brought about by these negotiations shall be in writing and signed by the parties hereto. In the meantime, the PWHL may immediately take steps to comply with applicable law. This Agreement shall be governed by New York State law except where United States federal law applies. This Agreement shall be binding upon and inure to the benefit of the PWHL, its Teams, the PWHLPA, and all Players covered by this Agreement.
IN WITNESS WHEREOF, the PWHL has caused this instrument to be executed by its duly authorized officer(s) and the PWHLPA, duly authorized by its members, has caused this instrument to be executed by its duly authorized officers.
EXHIBIT 1 PROFESSIONAL WOMEN’S HOCKEY LEAGUE STANDARD PLAYER AGREEMENT This Standard Player Agreement (“Agreement” or “SPA”) is made this _______ day of ______________, 20___, by and between the Professional Women’s Hockey League (the “PWHL” or “League”) and ___________, an individual whose address is shown below (the “Player”). In consideration of the mutual promises contained herein, the parties to this SPA promise and agree as follows: 1. Definitions For purposes of this Agreement, in addition to the terms set forth in the Collective Bargaining Agreement, the following terms shall have the meanings given to them below:
2. Player’s General Duties and Responsibilities
11. Player’s Unique Skill and Breach of Agreement The Player represents and agrees that they have extraordinary and unique skill and ability as a hockey player, that the services to be rendered by them under this Agreement cannot be replaced or the loss thereof adequately compensated for in monetary damages, and that any breach by the Player of this Agreement will cause irreparable injury to the PWHL and to its assignees. In addition, the Player understands and acknowledges that failing to report to training, PWHL Games, appearances, and/or demonstrations for a non-medical reason (“Holding Out”) constitutes a breach of this Agreement and is extremely disruptive to the operation of the League. Therefore, it is agreed that in the event that the Player is, during the Term of this Agreement, Holding Out or playing, attempting or threatening to play, or negotiating for the purpose of playing for any other person, firm, corporation, team, or organization, without the prior written consent of the PWHL, then the PWHL and its assignees (in addition to any other remedies that may be available to them under the law) shall have the right, in its sole and absolute discretion, obtain from any court (notwithstanding the Grievance procedures set forth in the CBA) having jurisdiction or the Impartial Arbitrator (as defined in the CBA), such equitable relief as may be appropriate, including, but not limited to, a decree enjoining the Player from any further such breach of this Agreement, and from playing hockey for any other person, firm, corporation, team, or organization during the Term of this Agreement without posting a bond or other security or proving actual damages. In any suit brought to seek such relief pursuant to this Section 11, the Player hereby waives their right, if any, to trial by jury. 12. Dispute Resolution