The Star has obtained contracts for Mizzou’s non-conference games. Canceling is tricky
Some Power Five conferences are getting ahead of the curve in terms of rescheduling college football games because of the COVID-19 pandemic, and it’s forcing them to wade through complicated contractual issues.
The Big Ten announced Thursday that, should there be a fall football season, its members will play a conference-only schedule. The Pac-12 and ACC are expected to reach a similar conclusion, though nothing is yet official.
The SEC, which includes the Missouri Tigers, is reportedly meeting Monday to discuss its fall sports scheduling, though no large-scale decision is expected, according to Sports Illustrated. MU athletic director Jim Sterk said this week that the SEC is keeping all of its options open for possible adjustments, adding that it’s unlikely conference officials would potentially alter the schedule until the end of the month.
Should the SEC commit to a conference-only schedule, it could be expanded from its current eight league games per team.
Mizzou has four non-conference games on its 2020 schedule: Central Arkansas (Sept. 5), Eastern Michigan (Sept. 26), at BYU (Oct. 10) and Louisiana-Lafeyette (Nov. 21). Canceling those games isn’t as simple as notifying opposing schools to not show up. Contract language, potential fees and other issues would have to be sorted out.
“COVID-19 pandemic is not in the contracts that we currently have,” Sterk said in a video call Thursday. “No one really prepared for that.”
The school’s general counsel has asked MU to go to its 2020 opponents — and future opponents beyond this upcoming season — to put the global pandemic into all contract language. Mizzou deputy athletic director Nick Joos said one of the four non-conference schools has done so thus far.
If the non-conference portion of SEC schools’ seasons are shelved, Joos said one possibility MU has discussed is to push those games back to later dates. The difficulty in doing so, though, is that Missouri’s next non-conference opening isn’t until 2029.
Another alternative is that if a visiting school such as Central Arkansas doesn’t have the resources for diligent COVID-19 testing, the host school could pay for it. After the game, MU could then take that money out of the contract guarantees for that game.
“That’s one of those challenges in this thing,” Joos said. “If you’re going to play conference games, that’s great, but how are you going to unwind the non-conference piece of this? The lawyers could become very busy here depending on how this all shakes out in the coming months.”
The Star has obtained the contracts for each of Missouri’s four non-conference games, including any amendments, through a Freedom of Information Act request. Those documents showcase the specific language in each contract, including game guarantees, cancellation fees and other key pieces of information.
Central Arkansas
Missouri’s season opener Sept. 5 at Faurot Field is against Central Arkansas of the FCS Southland Conference .
If the game is played with no complications, Central Arkansas would be paid $425,000 in guarantees, according to the contract for this game. If Missouri found to be in breach of contract, MU would have to pay Central Arkansas a fee of $425,000. Outright canceling the game would be $900,000.
However, Central Arkansas and Missouri added an amendment to the original contract on June 18. It states specifically that if there is a pandemic or other emergency that does not permit competition, the institutions “will reschedule the event if reasonably possible.” Neither institution would then be liable for any rescheduling or cancellation penalties.
Eastern Michigan
Missouri takes on the Eastern Michigan Eagles Sept. 26 at Faurot Field in what would be the Tigers’ fourth game of the season.
Eastern Michigan would be paid $1.1 million in guarantees for its participation in the game. The 2020 contest is the second game of a multi-game contract. The Eagles pocketed $1.3 million for a 2016 game, which Missouri won 61-21.
Should there be a breach of contract by either institution this year, the penalty would be $1 million. The current contract includes language wherein if an “epidemic” or other outside factor that makes it “impossible or impractical to play the game, both parties shall be relieved of any and all obligations.”
The “epidemic” vs. “pandemic” language is where there could be some legal interpretation involved, Joos said.
“We just sent all of our contracts over to our general counsel’s office,” Joos said, “for them to review and let us know how they interpret them.”
The Eagles are slated to take on another SEC opponent, Kentucky, on Sept. 3. If the SEC cancels all of its teams’ non-conference dates, Eastern Michigan would lose two guaranteed-money games. The MAC, the Eagles’ conference, already suffered a big fiscal blow when the Big Ten announced its non-conference cancellations.
BYU
Mizzou travels to LaVell Edwards Stadium in Provo, Utah, on Oct. 10 to finish out its two-game contract with BYU. The Tigers and Cougars first met for a November 2015 game at Arrowhead Stadium in Kansas City, where MU won 20-16 in former coach Gary Pinkel’s last career victory.
The Tigers would be the road team this time, and they will earn a guarantee from BYU of $250,000. That’s the same amount Missouri paid BYU in 2015, when the Tigers were the home team.
If Missouri cancels its game at BYU, which is independent and does not reside in a conference, the fee would be $1 million. However, there is a scenario in which outside conditions beyond the control of a defaulting party, “such as war, government restriction or an act of God,” would relieve that party of any penalties.
Louisiana-Lafeyette
Missouri is set to welcome Louisiana-Lafeyette from the Sun Belt to Columbia during the penultimate week of the season on Nov. 21 at Faurot Field. SEC schools often have such a non-conference break in their midseason schedules.
Louisiana-Lafeyette stands to make $1.3 million in guarantees if the game is played as planned. If the game gets canceled, though, and either school is found to have breached the contract, the responsible party would be forced to pay a $1.3 million penalty.
But this contract, similar to the one Mizzou has with Eastern Michigan, includes the following language: If an “epidemic” or other unforeseeable event mak(es) it impossible or impractical to play the game, then both parties will be relieved of any and all obligations of the agreement.”
This story was originally published July 10, 2020 at 1:59 PM.