THE WAKEMAN RED CAPS
PLAYER’S CONTRACT
THIS AGREEMENT ENTERED INTO AT WAKEMAN, OHIO, THIS 15TH DAY OF MAY, 1937,
BY AND BETWEEN THE MEMBERS OF THE BASEBALL TEAM KNOWN AS THE
WAKEMAN REDCAPS, HEREINAFTER CALLED THE FIRST PARTY, AN
ASSOCIATION OF BASEBALL PLAYERS AND THE UNDERSIGNED PLAYER, FRED
BARTLOME, A BASEBALL PLAYER HEREINAFTER CALLED THE SECOND PARTY,
WITNESSETH, THAT, IN CONSIDERATION OF THE PROMISES HEREINAFTER
CONTAINED ON THE PART OF SAID FIRST PARTY AND IN CONSIDERATION OF THE
PROMISES OF THE VARIOUS PLAYERS WHO TOGETHER FORM THE ORGANIZATION
KNOWN AS THE WAKEMAN RED CAPS, IT IS AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
FIRST: SAID SECOND PARTY AGREES TO PLAY THE GAME OF BASEBALL FOR AND DURING THE SEASON OF 1937, AND TO RENDER HIS SERVICES AS BASEBALL PLAYER EXCLUSIVELY TO SAID FIRST PARTY, UNLESS PERMISSION IS GRANTED BY THE MANAGER OF THE FIRST PARTY.
SECOND: SAID SECOND PARTY AGREES TO PLAY TO THE BEST OF HIS ABILITY AND SKILL AND TO ABIDE BY THE RULES AND REGULATIONS OF SAID FIRST PARTY.
THIRD: IT IS AGREED BY AND BETWEEN THE PARTIES HERETO THAT SAID SECOND PARTY SHALL PARTICIPATE IN EACH AND EVERY GAME IF CALLED UPON TO DO SO BY THE MANAGEMENT OF SAID FIRST PARTY, AND IN EVENT THAT SAID SECOND PARTY MUST BE NECESSARILY ABSENT FROM ANY GAME, THE REASON FOR SUCH ABSENCE MUST BE COMMUNICATED TO THE MANAGER OF SAID FIRST PARTY AT LEAST TWELVE (12) HOURS PREVIOUS TO THE TIME SET FOR THE GAME IN QUESTION.
FOURTH: IT IS AGREED BY AND BETWEEN THE PARTIES HERETO THAT THERE SHALL BE NO RESPONSIBILITY OR LIABILITY UPON SAID FIRST PARTY OR THE MEMBERS THEREOF FOR ANY PERSONAL INJURY SUFFERED BY SAID SECOND PARTY IN ANY GAME OR CONTEST IN WHICH SAID SECOND PARTY ENGAGES UNDER THE TERMS AND CONDITIONS OF THIS CONTRACT, BUT SAID SECOND PARTY SHALL ASSUME ALL RESPONSIBILITY FOR DAMAGES RESULTING FROM PERSONAL INJURY WHICH IS RECEIVED IN ANY GAME OR CONTEST IN WHICH SAID SECOND PARTY ENGAGES.
FIFTH: IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES HERETO THAT SAID SECOND PARTY SHALL BE FURNISHED WITH A COMPLETE BASEBALL UNIFORM AT THE BEGINNING OF THE SEASON WHICH SAID SECOND PARTY AGREES TO RETURN, OR THE EQUIVALENT THERETO, AT THE END OF THE SEASON, OR UPON THE REQUEST OF THE MANAGER, TO THE MANAGER OF THE SAID FIRST PARTY.
SIXTH: THE UNIFORM OR ANY PART THEREOF TO BE WORN ONLY WHILE PLAYING UNDER THE MANAGEMENT OF THE WAKEMAN RED CAPS, AND COMING TO AND RETURNING TO THE GAME.
SEVENTH: SAID SECOND PARTY AGREES TO BE AVAILABLE FOR ALL GAMES PLAYED BY SAID FIRST PARTY IN THE 1937 SEASON, INCLUDING NIGHT GAMES AND OUT OF TOWN GAMES AND TO BE PRESENT ON THE FIELD OF PLAY AT LEAST ONE-
HALF HOUR BEFORE ANY GAME TO BE PLAYED BY SAID FIRST PARTY.
EIGHTH: IT IS UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES
HERETO THAT THE BENEFITS, RESTRICTIONS, COVENANTS AND AGREEMENTS HEREIN ARE TO BE CONSTRUED AS MUTUAL BY THE MEMBERS OF THE SAID FIRST PARTY.
ING THE BASEBALL SEASON OF 1937, A SUM EQUAL TO 2 ½ % OF THE TOTAL GROSS RECEIPTS OF THE GAMES PLAYED IN AND BY THE SECOND PARTY, TO BE PAYED BY SAID FIRST PARTY AS FOLLOWS: ONE-HALF THE AMOUNT EARNED BY THE SECOND PARTY AT THE END OF ANY MONTH SHALL BE PAID BY SAID FIRST PARTY AT THE FIRST GAME PLAYED IN THE SUCCEEDING MONTH AND ONE-HALF OF THE SUM DUE FOR SERVICES SHALL BE RETAINED BY SAID FIRST PARTY UNTIL THE CLOSE OF THE 1937 SEASON, AT WHICH TIME THE ONE-HALF OF THE SALARY RETAINED BY SAID FIRST PARTY SHALL BE PAID TO SAID SECOND PARTY.
TENTH: IN THE EVENT THE MANAGEMENT OF THE FIRST PARTY DEEMS THE SERVICES OF THE SECOND PARTY ARE NOT REQUIRED ANY LONGER THE FIRST PARTY SHALL PAY TO THE SECOND PARTY HIS ENTIRE 2 ½% OF THE TOTAL GATE RECEIPTS OF ALL GAMES PARTICIPATED IN BY THE SECOND PARTY. IF THE SAID SECOND PARTY DID NOT ACTUALLY PARTICIPATE IN THE GAME BUT WAS AT THE FIELD AT THE SERVICES OF THE MANAGER, SAID SECOND PARTY WOULD BE CONSIDERED AS PARTICIPATING IN THAT PARTICULAR GAME.
ELEVENTH: IT WILL BE CONSIDERED BY THE FIRST PARTY THAT THE SECOND PARTY HAS TERMINATED HIS SERVICES TO THE FIRST PARTY IF HE HAS BEEN ABSENT FROM THREE CONSECUTIVE GAMES AND THAT THE TWELVTH PARAGRAPH OF THIS AGREEMENT SHALL BE IN EFFECT.
TWELVTH: IT IS UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE SAID SECOND PARTY SHALL FORFEIT HIS ONE-HALF SALARY RETAINED, SHOULD HE PARTICIPATE WITH ANY OTHER TEAM WITHOUT PERMISSION OF SAID FIRST PARTY, OR QUIT PLAYING BASEBALL FOR THE SAID FIRST PARTY.
THIRTEENTH: THE SAID FIRST PARTY WILL ISSUE ONE (1) PASS, ONLY TO THE SECOND PARTY, TO BE USED BY THE PLAYER’S WIFE, LADY FRIEND OR DRIVER OF ANY AUTOMOBILE USED IN TRANSPORTING SAID SECOND PARTY TO THE BALL PARK.
ANY MISUSE OF THIS PASS PRIVILEGE WILL BE CONSIDERED BY THE FIRST PARTY JUST CAUSE TO CANCEL ANY PASSES FORTHWITH.
FOURTEENTH: IN THE EVENT THE PARTY OF THE FIRST PART DOES NOT START PLAYING THE 1937 SEASON, OR FOR REASONS UNKNOWN AT THIS TIME, THE PARTY OF THE FIRST PART DISCONTINUES PLAYING BALL ANYTIME DURING THE SEASON OF 1937, AS AN ORGANIZATION UNDER THE NAME OF THE WAKEMAN RED CAPS WITH ITS PRESENT OFFICERS, THIS CONTRACT WILL BE CONSIDERED VOID, AND THE PARTY OF THE FIRST PART SHALL DISTRIBUTE TO THE SECOND PARTY HIS PRO-RATED SHARE OF ALL RECEIPTS.
IN WITNESS WHEREOF, WE, THE PARTIES HERETO, HAVE HEREUNTO SET THEIR HANDS THIS 4TH DAY OF MAY 1937.
WITNESSED BY: THE WAKEMAN REDCAPS,
____________________________________ BY C T BAILEY MGR.,
FIRST PARTY,
____________________________________ FRED BARTLOME
SECOND PARTY.