As it continues to look for games to fill its football schedule, the University of Hawaii’s latest contracts have begun to mirror the quick-changing landscape with the adoption of clauses that concern pandemic, “civil commotion” and name, image and likeness issues.
The clauses are included in UH’s June 30 agreement that brings Robert Morris University to Aloha Stadium for what currently sets up as the Rainbow Warriors’ Sept. 26 season opener.
They are also a feature of the July 7 modification of contract agreement that allowed Fordham to cancel its scheduled Sept. 12, 2020 game and replace it with a Sept. 2, 2028 appearance.
UH, which lost three other games from a 13-game schedule due to cancellations, is still seeking possible opponents. “We are continuing to look for scheduling opportunities in a thoughtful manner that works for both a logistical and financial perspective,” athletic director David Matlin said.
RMU, like Fordham, is a member of the Football Championship Subdivision and will receive the same terms — $200,000 cash, air travel for a party of 100, 50 hotel rooms for three nights and surface transportation — as Fordham was to have gotten. Fordham will keep the same terms for the 2028 game.
Previous contracts have had “force majeure” clauses that allowed teams to cancel games for circumstances such as “acts of God, government restrictions, wars, insurrections and/or any other cause beyond reasonable control of the party whose performance is affected” without paying a penalty. But they did not address situations like those brought on by COVID-19.
The two most recent contracts list “epidemics, pandemics and other regional, national or international public health emergencies” as among the causes for cancellation.
With several states having taken up name, image and likeness legislation for athletes and the U. S. Congress considering its own measures, UH contracts require visiting teams to be responsible for assuring the granting of UH and its agents and licensees the authority to take and use photos, video, sound recordings without compensation.