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Tua Tagovailoa’s contract contains no clauses, exceptions or waivers regarding concussions
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Tua Tagovailoa’s contract contains no clauses, exceptions or waivers regarding concussions

Following Dolphins quarterback Tua Tagovailoa’s recent concussion, many believe he should retire. Among those advocating for retirement are Amazon Prime’s Tony Gonzalez and Raiders head coach Antonio Pierce.

As explained last night, the decision to resign would only be made after he has received clearance to play and decides not to playBefore he can retire, doctors would have to decide that he can and should be declared healthy, even though he has officially suffered three (and unofficially at least four) concussions – including at least two severe enough to challenge his fencing stance.

On one hand, it’s not the time to talk about money. On the other hand, the money is too much to ignore. We’ve obtained a copy of his contract to confirm that it contains the usual, standard language that would put him in the usual, standard situation if he were to retire after just two games.

There are no clauses, exceptions or waivers in the contract related to concussions. The word “concussion” is not even mentioned in it. So all injury guarantees apply, even if the injuries in question are concussions. Likewise, if Tua were to choose to opt out of just two games of a five-year contract, he would face the same consequences as any other player.

As mentioned last night, the contract includes more than $167 million in injury protection. He also received a $42 million signing bonus at the time of the deal. (The contract calls for $15 million to be paid out before August 31, 2024, $15 million before October 15, 2024, and the remaining $12 million to be paid out as part of his 18 weekly game checks.)

If Tua retires after his release, he would lose the rest of the guarantees. Additionally, if the Dolphins exercised their right to claw back the bonuses paid but not earned, they could demand $8.4 million for each remaining year of the contract (through 2028) plus $466,667 for each remaining game in 2024 after his release.

Those numbers are important when considering the larger question of whether he should retire. Two years ago, retirement wouldn’t have entailed massive nine-figure financial consequences. As Tua considers his best path forward, he’ll have to take that into account.

The Dolphins will have to pay more than $167 million over the next three years if Tua is ineligible, the actual amounts becoming salary cap space that the Dolphins would not have for other players.

This leads to an uncomfortable dance. In the end, there could be a negotiated compromise in which, for example, Tua resigns and Miami keeps half of the $167 million.

However it turns out, everyone knew that Tua was one snap away from a concussion every game that would put his playing career in jeopardy. However, the contract negotiated and signed by the Dolphins and Tua does not contain any clause that gives the player or the team any special rights in the event that he is not cleared to play or decides to leave the game even if he is cleared.

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