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

Following Dolphins quarterback Tua Tagovailoa’s latest concussion, many have spoken out in favor of his retirement. Those advising retirement include Amazon Prime’s Tony Gonzalez and Raiders head coach Antonio Pierce.

As was explained last night, the decision to retire would not come until after he is given permission to play and decides not toBefore he can retire, doctors must decide he can and should be cleared, despite officially suffering three (and unofficially at least four) concussions — including at least two severe enough to cause the fencing hold.

On the one hand, it’s not the time to talk about money. On the other hand, the money is too big to ignore. We 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.

The contract contains no clauses or exceptions or waivers regarding concussions. The word “concussion” is not even mentioned. Thus, all injury guarantees apply, even if the injuries in question are concussions. Likewise, the same consequences would apply as for any other player if Tua were to choose to retire just two games into a five-year contract.

As noted last night, the contract includes more than $167 million in injury guarantees. He also earned a $42 million signing bonus upon execution of the deal. (The contract calls for $15 million to be paid by Aug. 31, 2024, $15 million to be paid by Oct. 15, 2024, and the remaining $12 million to be paid as part of his 18 weekly game checks.)

If Tua retires — after he’s cleared to play — Tua will forfeit the balance of the guarantees. And if the Dolphins are inclined to exercise their right to collect paid-but-unearned signing bonus money, they could demand $8.4 million for each year remaining on his contract (through 2028), along with $466,667 for each game remaining in 2024 after he’s released.

Those numbers are important to consider when looking at the broader question of whether he should retire. Two years ago, his retirement would not have come with a huge nine-figure financial impact. When considering his best path forward, Tua will have to consider this.

Meanwhile, the Dolphins face the prospect of paying more than $167 million over the next three years if Tua is not cleared to play. The real dollars also become cap dollars that the Dolphins would not have for other players.

It sets up an uneasy dance. Ultimately, there could be a negotiated compromise, with Tua retiring, for example, and Miami keeping half of the $167 million.

Whatever the outcome, everyone knew that Tua was one click away from a concussion during any given game that would put his playing career in doubt. However, the contract negotiated and signed by the Dolphins and Tua does not contain any language granting the player or the team any special rights in the event that he cannot be cleared to play or if he chooses to stop playing even after being cleared.