Chapter 03. Contracts and Sanctions
Regulation .01 Contract Between Manager and Contestant.LinkCopy Citation
A.
Except as otherwise indicated, a contract between a contestant and a manager shall be:
(1)
Notarized; and
(2)
Filed with the Commission 5 business days before the contestant first participates in a contest in this State.
B.
Provisions of Contract.
(1)
An executed original contract between a manager and a contestant shall be filed with the Commission.
(2)
A contract shall include the following provisions:
(a)
That there is no financial interest in the earnings of the contestant by any person other than the manager or managers of the contestant;
(b)
That a manager or managers will receive not more than 33-1/3 percent of the gross earnings of the contestant;
(c)
That the contract has a duration of not more than 5 years;
(d)
That the contract may not be extended beyond its initial term; and
(e)
That the contestant shall comply with all laws, regulations, and directives of the Commission.
C.
An assignment of interest in a contract filed with the Commission may not be valid unless it is approved by the Commission.
D.
A manager may not sign a promoter-contestant contract on behalf of a contestant which obligates the contestant to compete in an event scheduled to take place after the expiration of the contract between the manager and contestant.
E.
A contestant may not sign a contract with any other manager during the term of an existing contract the contestant may have with a manager.
Regulation .02 Contract Between Promoter and Contestant.LinkCopy Citation
A.
A contract between a promoter and a contestant shall include the following provisions:
(1)
The amount of guarantee or percentage promised by the promoter to the contestant;
(2)
The number and time limit of rounds;
(3)
The time and location that the contestants are scheduled to appear;
(4)
Weight specifications of the contestants;
(5)
A prohibition against the contestant engaging in a contest at least 14 days before the contest stated in the contract;
(6)
Legal rights and obligations of the contracting parties;
(7)
A provision stating that:
(a)
Drug testing is mandatory in boxing, kickboxing, and mixed martial arts contests sanctioned by the State Athletic Commission;
(b)
Signing the contract is consent to submit to drug testing supervised by the Commission;
(c)
Refusing to submit to the urine test subjects a contestant to disciplinary action by the Commission; and
(d)
Testing positive for prohibited drugs:
(i)
Is cause for a contestant to forfeit the purse set; and
(ii)
Subjects a contestant to disciplinary action by the Commission; and
(8)
The contestant agrees to comply with all laws, regulations, and directives of the Commission.
B.
Unless the Commission otherwise approves, contracts for main event contestants shall be filed with the Commission with the request for sanction.
C.
Unless the Commission otherwise approves, contracts for other contestants in a contest shall be submitted to the Commission not later than 5 business days before the date of the contest.
D.
A promoter may not pay a purse specified in the contract until the Commission gives written approval to the promoter.
E.
Unless the Commission otherwise approves, a contestant, or a manager on behalf of a contestant, may not obligate a contestant to participate in any boxing, kickboxing, or mixed martial arts contest within 14 days before or after a date on which the contestant participates or is contracted to participate in another contest.
F.
For the purposes of this regulation, the promoter-contestant contract received first in time by the Commission prevails over any other promoter-contestant contract.
G.
Failure to Appear.
(1)
Except as provided below, if a contestant absents himself from a contest for which the contestant is contractually obligated to participate, the contestant and the manager of the contestant are subject to disciplinary action.
(2)
If a contestant is unable to fulfill a contract due to a physical disability, the contestant shall be placed on medical suspension until the Commission receives documentation of the contestant's physical disability signed by a licensed physician. Upon the expiration of the suspension, the contestant shall fulfill the contract against the same opponent or similar opponent within a reasonable amount of time as set by the Commission, unless the contestant obtains a written release from the contract by the promoter.
(3)
If a contestant presents a valid written excuse for not fulfilling the contract, the contestant shall, when the reasons necessitating the excuse no longer apply, fulfill the contract against the same opponent or a similar opponent within a reasonable period of time.
Regulation .03 Commission Sanction Required.LinkCopy Citation
A.
A contest may not take place unless sanctioned by the Commission.
B.
Promoters shall file a written request for a sanction with the Commission at least 30 days before a boxing, kickboxing, or mixed martial arts contest containing the following information:
(1)
The names of the main event contestants;
(2)
The time, date, and location of the contest;
(3)
A plan for the employment of uniformed security at the contest; and
(4)
Other information as may be required by the Commission.
C.
Before a contest is sanctioned by the Commission, a promoter may not:
(1)
Advertise or give notice through any medium that the contest is to take place; or
(2)
Sell or distribute any tickets to the contest.
D.
Substitution of Contestants.
(1)
If either of the contestants in the main event contest is unable to appear on the night of the contest, a substitute contestant may not participate unless a new sanction is obtained from the Commission.
(2)
If a substitution occurs under §D(1), of this regulation, the price of admission printed on tickets shall be refunded upon request to each spectator at the box office in accordance with COMAR 09.14.09.
E.
Each contestant shall be insured through a group insurance policy provided by the Commission as follows:
(1)
Minimum medical expense coverage of $10,000; and
(2)
Minimum coverage of $10,000 for death, dismemberment, or loss of sight.
F.
The terms and conditions of the coverage in §E of this regulation shall be governed by the insurance policy between the Commission and its insurance carrier.
G.
Nothing in this regulation shall preclude a promoter from providing coverage in excess of the coverage stated in §E of this regulation.
H.
If the promoter provides insurance coverage, a copy of the policy shall be given to the Commission not later than the final physical and shall list the Commission as an additional insured.
I.
The Commission may cancel a sanction obtained through fraud or misrepresentation.
J.
A contest may be cancelled at the exclusive discretion of the Commission.
Chapter annotations
Authority: Business Regulation Article, §4-205, Annotated Code of Maryland
History: Effective date: October 1, 1965
History: Subtitle revised effective August 26, 1985 (12:17 Md. R. 1705)
History: Regulation .01 amended effective June 24, 1991 (18:12 Md. R. 1338); July 6, 2009 (36:13 Md. R. 898)
History: Regulation .01C, F amended effective September 3, 1990 (17:17 Md. R. 2079)
History: Regulation .02 amended effective December 28, 1987 (14:26 Md. R. 2744); June 24, 1991 (18:12 Md. R. 1338); July 6, 2009 (36:13 Md. R. 898)
History: Regulation .03 amended effective July 6, 2009 (36:13 Md. R. 898)
History: Regulation .03E amended effective September 3, 1990 (17:17 Md. R. 2079)