bustaheims said:
For the record, here is the section of the SPC that governs "mutual" termination:
14. The Club may also terminate this SPC upon written notice to the Player (but only after obtaining Waivers from all other Clubs) if the Player shall at any time:
(a) fail, refuse, or neglect to obey the Club's rules governing training and conduct of Players, if such failure, refusal or neglect should constitute a material breach of this SPC.
(b) fail, refuse or neglect to render his services hereunder or in any other manner materially breach this SPC.
In the event of termination under Paragraph 14(a) or (b) the Player shall only be entitled to compensation due to him to the earlier of the date such notice is personally delivered to him or the date such notice is e-mailed to him.
In the event this SPC is terminated by the Club while the Player is "away" with the Club for the purpose of playing games the installment then falling due shall be paid on the first weekday after the return "home" of the Club.
You'll notice that there's nothing in that language that allows the player to trigger it - or even have a say in it - and that the only way the team gets an out is through the player breaching their contract (like not showing up for practices or other team events, showing up to camp not remotely in shape for reasons not due to a hockey-related injury, etc.)
I think that this is definitely a tricky situation and we haven't really seen an example yet where it happened and then the player signed back in the NHL so I genuinely don't know what the official rule is.
But wouldn't you say that the player could initially "trigger" it by refusing to render his services?
Let's use Zaitsev as an example. Maybe Dubas couldn't trade him and come training camp he's still a Leaf. If Dubas went to Zaitsev and was like, "hey if you don't show up to camp we'll terminate your deal, you cool with that?" and Zaitsev said "hells yeah baby let's do this I want out" wouldn't you classify that as a "mutual" termination?