For purposes of this Subsection “Sensors” shall mean any sensor, device or tracking device worn by an individual player used to collect, monitor, measure or track any metric from a player (e.g., distance, velocity, acceleration, deceleration, jumps, changes of direction, player load), biometric information (e.g., heart rate, heart rate variability, skin temperature, blood oxygen, hydration, lactate, and/or glucose), or other health, fitness and performance information.
The NFL may require all NFL players to wear during games equipment that contains Sensors for purposes of collecting information regarding the performance of NFL games, including players’ performances and movements. The NFL may use data concerning players’ performance and movements collected from Sensors during NFL games commercially, including but not limited to, with broadcast partners, subject to providing advance notice to the NFLPA of such use. Such notice shall include (i) type of Sensor(s) to be used and (ii) an overview of data to be shared with third-parties prior to any use of such data. Revenue from such commercial use shall be included in AR. Notwithstanding the foregoing, Sensors of any type shall not be placed on helmets without the NFLPA’s consent.
The NFL and NFLPA shall establish a “Joint Sensors Committee” to review and approve Sensors for NFL and Club use. The Joint Sensors Committee shall consist of three (3) representatives appointed by the NFL Management Council and three (3) representatives appointed by the NFLPA. Unless the parties agree otherwise, members of the Joint Sensors Committee may not have an ownership or other financial interest in any company that produces or sells any Sensor. The Joint Sensors Committee shall be responsible for:
Reviewing any and all NFL or Club use of Sensor(s) for purposes of collecting (i) any player bio-data (e.g., heart rate, heart rate variability, blood pressure, skin temperature, blood oxygen, hydration, lactate, and/or glucose), and (ii) any data and/or information, including player performance and movement, during NFL practices, including, without limitation, considering whether a particular Sensor would be potentially harmful to anyone if used as intended;
Approving or prohibiting the use of any Sensor (i) in NFL practices after review and/or (ii) used to collect bio-data in NFL games;
Monitoring developments in relevant Sensor technology to make recommendations to the NFL and the NFLPA about changes to this Subsection 15 as warranted; and
Evaluating data outputs from relevant Sensor technology for accuracy and potential for manipulation.
The Joint Sensors Committee shall retain such experts as it deems necessary in order to conduct its work, including but not limited to engineers, data scientists, and cybersecurity.
The following Sensor(s) in use by any NFL Club in NFL practices to collect performance-related data (i.e., distance, velocity, acceleration, deceleration, jumps, changes of direction, player load) as of the date of this Agreement shall be exempt from review by the Joint Sensors Committee and may be continued to be used in NFL practices until such time that the Joint Sensors Committee has the opportunity to review those Sensors: Catapult, Zebra, Titan, Polar, Statsports, and Kinexon.
A Club may only require players to wear any Sensor(s) that has been reviewed and approved by the Joint Sensors Committee in NFL practices. Commercialization of any current or future data and/or information collected from approved Sensors used in practices is subject to agreement by the parties.
Should a Club or any employee of a Club knowingly and materially fail to comply with this Subsection regarding the approval and use of Sensors in NFL practices, they will be subject to discipline as set forth below:
The NFL Management Council and NFLPA shall each designate one (1) or more representatives to monitor the enforcement of this Subsection and investigate potential deviations therefrom (the “Representatives”).
The NFLPA, the NFL Management Council, any Club, or any player involved in an alleged failure by a Club or Club employee to comply with this Subsection regarding the approval and use of Sensors in NFL practices shall each have the right (independently or collectively) to bring forward a complaint about such alleged failure to the Representatives, which complaint shall be submitted in writing. The complaint shall be investigated and resolved by the NFL Management Council and the NFLPA as described herein.
Upon initiation of an investigation, the Representatives will have the authority to interview involved parties, witnesses and others reasonably believed to be in possession of information relevant to the inquiry (including players, League employees, Club employees and members of the involved Club’s medical or performance staffs) and, upon request from any Representative, shall be provided, as quickly as reasonably possible, with a copy of any documentation relevant to the investigation of the complaint. Such requests shall not be unreasonably denied. The Representatives shall complete their investigation and produce a report of their findings within two (2) weeks following the filing of a complaint. These reports shall remain confidential. Neither party is required to share its report with the other. These reports shall not be publicly disseminated.
No later than three (3) weeks following the filing of a complaint, or sooner if practicable, the Executive Director of the NFLPA and the NFL Deputy General Counsel, Labor shall be advised of the status of the investigation and shall attempt to determine if a violation occurred and, if so, the proper disciplinary response. If the parties are unable to agree upon whether or not a violation occurred or the appropriate discipline that should be imposed within three (3) weeks following the filing of a complaint, the matter will be immediately referred to the Impartial Arbitrator (as established by Article 16), who will review the complaint under the authority of this Article, using the following standards and procedures:
- (a) Review. The Impartial Arbitrator shall determine: (1) whether a Club employee or member of a Club’s medical or performance team knowingly and materially failed to comply with this Subsection regarding the approval and use of Sensors in NFL practices, and if so, (2) whether there were any relevant mitigating or aggravating factors present in the incident.
The Impartial Arbitrator’s review and decision shall be limited to whether or not the relevant party complied with this Subsection regarding the approval and use of Sensors in NFL practices.
- (b) Procedure. The Impartial Arbitrator shall conduct a hearing as soon as is reasonable (but no later than thirty (30) days following the date on which the matter is referred to the Impartial Arbitrator), using the following procedures:
- (i) The designated Representative(s) of the NFL and the designated Representative(s) of the NFLPA may present whatever documents, or summary they deem relevant to the Impartial Arbitrator’s inquiry. The Impartial Arbitrator is free to request additional information or live witness testimony, should he or she determine that such additional evidence is relevant and necessary to a decision. Any party that is the subject of the inquiry shall have the right to participate in the proceeding and to present a defense.
- (ii) Within one (1) week of the close of evidence, the Impartial Arbitrator will issue a written report to the NFL Commissioner, the NFLPA Executive Director and the involved parties detailing his or her findings as to: (1) whether a Club employee or other member of a Club’s medical staff knowingly and materially failed to comply with this Subsection regarding the approval and use of Sensors in NFL practices and, if so, (2) whether there were any relevant mitigating or aggravating factors. The Impartial Arbitrator shall not offer his or her opinion as to the appropriate discipline, if any, that should result from the violation.
- (a) First Violation in a League-Year. In the event that the Impartial Arbitrator finds, or in the event that the NFL and NFLPA agree, that a Club employee or a member of a Club’s medical or performance staff knowingly and materially failed to comply with this Subsection regarding the approval and use of Sensors in NFL practices, the Commissioner shall impose discipline by: (a) issuance of a letter of reprimand advising that the relevant party knowingly and materially violated this Subsection, (b) requiring the relevant party involved with the deviation of this Subsection to attend remedial education; and/or (c) a fine in an amount of no more than One Hundred Fifty Thousand Dollars ($150,000); and any other discipline that the Commissioner deems warranted by the violation.
In the event that the Impartial Arbitrator finds, or the Parties agree, that the violation involved aggravating circumstances, the relevant party shall be subject, in the first instance, to a fine in an amount no less than Fifty Thousand Dollars ($50,000). In this regard, the Commissioner shall consider the Impartial Arbitrator’s findings with regard to relevant aggravating factors in making his determination as to appropriate discipline.
- (b) Second and Subsequent Violation(s) in a League-Year. In the event that the Impartial Arbitrator finds, or in the event that the NFL and NFLPA agree, that a Club or Club employee is responsible for a second knowing and material failure to comply with this Subsection concerning the approval and use of Sensors in NFL practices in the same League Year, regardless of whether, in the case of a Club, such deviation was caused by the same employee and/or member of a Club’s medical or performance staff involved in the first incident, the Commissioner shall impose a fine of at least Two Hundred and Fifty Thousand Dollars ($250,000) plus whatever other measures he deems warranted.
The Commissioner shall consider the Impartial Arbitrator’s findings with regard to relevant aggravating or mitigating factors in making his determination as to appropriate discipline.
Any fine money collected pursuant to this Article shall be allocated to research programs by this Committee as directed by the Parties.
The Parties acknowledge that, subject to the grant of rights set forth in Paragraph 4 of the NFL Player Contract, each individual player owns his personal data collected by Sensors and wearing Sensors shall not require or cause an individual player to transfer ownership of his data to the Club or any other third-party. No exchange or transfer of player data collected pursuant to this Article will result in a transfer or change of ownership. Players may not, however, use data collected from approved Sensors for any commercial purpose. Members of the Club staff shall have access to data generated by approved Sensors. The NFL Management Council and the NFLPA shall have access to aggregated data collected from such approved Sensor(s).
Data collected from Sensors may not be referenced or cited by any Club, player or player’s representative in contract negotiations.
NFL Clubs shall comply with all federal and state laws regarding the storage, use and privacy of such data.
The NFLPA must provide advance approval for collection of any data from Sensors for players outside of NFL games or practices (e.g., Sleep Studies, as set forth in Article 39, Section 14 of this Agreement).