ESPN Reporter Says It Would Be "Malpractice" for Colin Kaepernick to Sign Waiver Sent by NFL

Colin Kaepernick
ESPN reporter describes the waiver sent to Colin Kaepernick by NFL Carmen Mandato/Getty

If Colin Kaepernick had signed the waiver sent by the NFL, it could have been considered "malpractice," ESPN writer Howard Bryant said on ESPN's First Take Tuesday.

"When you are talking about this waiver, you are asking Colin Kaepernick to give up everything, and I think that when you go into a negotiation you are not expected to give up all your rights," Bryant said.

The waiver that Bryant is talking about has caused a large problem surrounding Kaepernick's workout with the NFL. Before his workout, the NFL sent Kaepernick a liability waiver. Instead of signing this waiver, Kaepernick and his lawyers revised and created their own waiver that they sent back to the NFL.

The NFL said that "the waiver that Kaepernick was asked to sign on Saturday is essentially the same one he'd have to sign to work out for a team during the season."

However, NBC Sports Pro Football Talk was able to obtain the waiver sent to Kaepernick and described it as being "very different," from the one that the NFL typically sends to players who work out for a team.

Bryant pointed out that one of the major problems in the NFL waiver sent to Kaepernick is that it required the free agent to acknowledge that there was "no promise of employment and [Kaepernick] understands that his participation in the workout does not constitute employment."

According to TMZ, Kaepernick was also worried about a provision that said "in consideration for the opportunity to participate in the workout, Player [releases the NFL from all liability] arising out of, occurring during, or related directly or indirectly to the workout."

That, Bryant said, is what Kaepernick's lawyers called "malpractice" because from Kaepernick's perspective, signing the waiver would remove his right to pursue a legal claim against the NFL if teams expressed a desire to keep him out of the league.

Because Kaepernick has made it clear that he believes the NFL and teams have colluded to bar him from the league, he felt that he could revise his own waiver that would be "constructed as much broader," TMZ said.

Sports Illustrated was able to obtain a copy of Kaepernick's version of the waiver and described it as being "radically different," from the one sent by the NFL. Kaepernick's waiver focused on the quarterback assuming the risk of physical injury, according to Sports Illustrated, and did not include any reference to potential employment-related claims, which would allow him to pursue legal action against the NFL if he felt it was necessary.

First Take co-host Max Kellerman agreed with Bryant's stance on the waiver and how the vague wording of it indicated that Kaepernick would be signing away his rights to pursue a legal claim against the NFL. "This whole thing was a way for the NFL to smuggle in, Trojan Horse style, a waiver that Kaepernick would sign, signing away his rights," he said.

Kaepernick ended up singing the waiver that he sent to the NFL and held his own work out at a different location from the one set by the NFL. As of Tuesday, he remained unsigned to any NFL teams.

ESPN Reporter Says It Would Be "Malpractice" for Colin Kaepernick to Sign Waiver Sent by NFL | Sports