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Early Termination Clause Question for the Legal Minds of the TD.
Posted on 11/18/25 at 8:48 am
Posted on 11/18/25 at 8:48 am
Why do Universities offer early termination clauses to coaches that want to leave before fulfilling their contract? If Kiffin leaves OM before 12/31/25, he owes OM $4 M. Why have a early termination clause at all. This gives a coach an easy out.
Don't give them one. Hold their feet to the fire. An OM could then say you are contracted to coach here and no where else. We will not allow you to sign a contract and coach elsewhere, when you have such a contract with us.
Coaching contracts today aren't worth the paper it's written upon. Rarely do coaches or universities honor and fulfill the length of their contracts.
Don't give them one. Hold their feet to the fire. An OM could then say you are contracted to coach here and no where else. We will not allow you to sign a contract and coach elsewhere, when you have such a contract with us.
Coaching contracts today aren't worth the paper it's written upon. Rarely do coaches or universities honor and fulfill the length of their contracts.
This post was edited on 11/18/25 at 9:10 am
9
Posted on 11/18/25 at 8:49 am to Crappieman
Easy. Because the coaches have the leverage. A coach would never sign that
Posted on 11/18/25 at 8:50 am to Ptguru21
quote:
Easy. Because the coaches have the leverage. A coach would never sign that
They most certainly would if every school required it. But everyone would have to do it the same.
This post was edited on 11/18/25 at 8:50 am
Posted on 11/18/25 at 8:50 am to Crappieman
Because of people like Jimmy Sexton who want their clients to have the best possible outcome if they decide to leave.
Posted on 11/18/25 at 8:52 am to Crappieman
Because the United States is a relatively free market that permits adults to freely contract. It's called the market buddy. You can refuse certain terms and conditions, but then you would be like Cousin Eddie holding out for a management position.
Posted on 11/18/25 at 8:54 am to kywildcatfanone
quote:
They most certainly would if every school required it. But everyone would have to do it the same.
Are you really going to go into negotiations with Lane Kiffin and tell him he owes you 10s of millions if it doesn't work out and he wants to leave?
Posted on 11/18/25 at 8:54 am to Crappieman
How many threads can you start before 9AM? I think this makes 6.
Every time you have a random thought paw paw you don't have to go type it out.
Every time you have a random thought paw paw you don't have to go type it out.
This post was edited on 11/18/25 at 8:55 am
Posted on 11/18/25 at 8:56 am to Crappieman
Why would a coach sign this without a guaranteed contract with no offset if he was fired?
Posted on 11/18/25 at 8:57 am to Crappieman
I am a brilliant lawyer, but one does not have to be a brilliant lawyer to understand this. It's the power of negotiations in a free market society where coaches have leverage. For example, if don't want to offer Lane that clause, Florida would happily oblige.
Posted on 11/18/25 at 9:01 am to Passing Wind
I can see you enjoy replying to peoples threads more than starting your own. To much empty space between your ears? Don't have any original thoughts of your own? I get it. You're more of a follower of others than a leader. It's ok. We'll help you by staying upwind of your Passing Wind.
Posted on 11/18/25 at 9:05 am to Crappieman
quote:You're correct, I'll say it again, because every thought I have doesnt need to be a new thread.
I can see you enjoy replying to peoples threads more than starting your own
you a leaderThis post was edited on 11/18/25 at 9:06 am
Posted on 11/18/25 at 9:05 am to Crappieman
Which side the contract favors depends on which side has the most bargaining power when the contract is signed.
Saban had no penalty for leaving if he wanted to.
These contracts contain an out provision for the coaches and they are not in breach of the contract if they comply with it. How onerous it is depends on their bargaining power.
Saban had no penalty for leaving if he wanted to.
These contracts contain an out provision for the coaches and they are not in breach of the contract if they comply with it. How onerous it is depends on their bargaining power.
Posted on 11/18/25 at 9:06 am to kywildcatfanone
quote:
They most certainly would if every school required it. But everyone would have to do it the same.
Why doesn’t every school just say we’re not paying players more than $10k per season?
Posted on 11/18/25 at 9:17 am to Crappieman
quote:
Why do Universities offer early termination clauses to coaches that want to leave before fulfilling their contract? If Kiffin leaves OM before 12/31/25, he owes OM $4 M. Why have a early termination clause at all. This gives a coach an easy out.
because neither the coach nor the university wants to sign a contract that doesn't give either of them a way out.
on the day you sign it, you have no way to be 100% sure both parties will still be happy with each other at the end of the contract. So you offer yourself and the other party a way out of it.
Posted on 11/18/25 at 9:33 am to Crappieman
If a coach, or university, wants to terminate a contract early, they can. If there is no provision for early termination then one party may be in breach of the contract. Breach of contract might sound bad, but legally anyone can choose to breach a contract.
If you do breach a contract, though, you have to make the other party financially whole. And the question becomes what is a fair value to pay when one party breaches an employment contract like this via early termination.
And that's where the buyout clauses come in. They are actually liquidated damages clauses. The parties are agreeing that the damages for early termination are hard to measure, and so they go ahead and state what each party has to pay.
You can't force someone to work for you if they don't want to. If a coaching contract has no buyout or early termination provision, the coach can still walk out and go coach somewhere else. But the school would then have to sue them and prove how they are financially damaged.
Some contracts can require specific performance, forcing the breaching party to go ahead and comply, but employment contracts like this would not fall into that category.
Now, a school could try to slip in a non-compete clause, attempting to prevent a coach from working at a rival school for a year....but I don't think it would be enforceable, and no coach would sign it anyway.
If you do breach a contract, though, you have to make the other party financially whole. And the question becomes what is a fair value to pay when one party breaches an employment contract like this via early termination.
And that's where the buyout clauses come in. They are actually liquidated damages clauses. The parties are agreeing that the damages for early termination are hard to measure, and so they go ahead and state what each party has to pay.
You can't force someone to work for you if they don't want to. If a coaching contract has no buyout or early termination provision, the coach can still walk out and go coach somewhere else. But the school would then have to sue them and prove how they are financially damaged.
Some contracts can require specific performance, forcing the breaching party to go ahead and comply, but employment contracts like this would not fall into that category.
Now, a school could try to slip in a non-compete clause, attempting to prevent a coach from working at a rival school for a year....but I don't think it would be enforceable, and no coach would sign it anyway.
Posted on 11/18/25 at 9:36 am to Schmelly
If they collude like that they could be considered a cartel and face a number of legal consequences. To be honest,
Posted on 11/18/25 at 9:37 am to LawTalkingGuy
quote:
LawTalkingGuy
quote:
If a coach, or university, wants to terminate a contract early, they can. If there is no provision for early termination then one party may be in breach of the contract. Breach of contract might sound bad, but legally anyone can choose to breach a contract.
If you do breach a contract, though, you have to make the other party financially whole. And the question becomes what is a fair value to pay when one party breaches an employment contract like this via early termination.
And that's where the buyout clauses come in. They are actually liquidated damages clauses. The parties are agreeing that the damages for early termination are hard to measure, and so they go ahead and state what each party has to pay.
You can't force someone to work for you if they don't want to. If a coaching contract has no buyout or early termination provision, the coach can still walk out and go coach somewhere else. But the school would then have to sue them and prove how they are financially damaged.
Some contracts can require specific performance, forcing the breaching party to go ahead and comply, but employment contracts like this would not fall into that category.
Now, a school could try to slip in a non-compete clause, attempting to prevent a coach from working at a rival school for a year....but I don't think it would be enforceable, and no coach would sign it anyway.
Username checks out.
Posted on 11/18/25 at 9:39 am to LawTalkingGuy
quote:
If a coach, or university, wants to terminate a contract early, they can. If there is no provision for early termination then one party may be in breach of the contract. Breach of contract might sound bad, but legally anyone can choose to breach a contract.
If you do breach a contract, though, you have to make the other party financially whole. And the question becomes what is a fair value to pay when one party breaches an employment contract like this via early termination.
And that's where the buyout clauses come in. They are actually liquidated damages clauses. The parties are agreeing that the damages for early termination are hard to measure, and so they go ahead and state what each party has to pay.
You can't force someone to work for you if they don't want to. If a coaching contract has no buyout or early termination provision, the coach can still walk out and go coach somewhere else. But the school would then have to sue them and prove how they are financially damaged.
Some contracts can require specific performance, forcing the breaching party to go ahead and comply, but employment contracts like this would not fall into that category.
Now, a school could try to slip in a non-compete clause, attempting to prevent a coach from working at a rival school for a year....but I don't think it would be enforceable, and no coach would sign it anyway.
This is essentially the correct answer from a legal perspective.
Posted on 11/18/25 at 9:46 am to LawTalkingGuy
Best explaination I've heard. Thanks
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