The National Women’s Hockey League (NWHL), a rival of the Canadian Women’s Hockey League (CWHL), completed its first free agency period last Monday. As the first league in the modern era to pay women for playing hockey professionally, the NWHL easily filled all 72 spots available.

Yet, when the clock struck midnight on the east coast, only 61 players had officially been announced as joining the league.

The league quickly released a statement to clarify the variance:

“Out of respect for the players, the NWHL has agreed to not announce the remaining players' intent to play in the league until they receive official releases from other leagues ... The NWHL still plans to announce the final team rosters and contract details as soon as the players are ready.”

According to multiple sources, the remaining 11 "mystery" women are players who participated in the CWHL this past year. The players are unable to officially sign contracts with the NWHL because they have not been granted a termination of their player agreement by the CWHL -- despite following the steps laid out by the league to earn their release, and in some cases having asked for one as far back as May.

According to sources, CWHL participants were made to sign a player agreement after the beginning of the 2014-2015 season. The Boston Blades actually forfeited two games in their season because of their reluctance to sign a contract when it was placed before them. They objected to the length of the contract - then three years, now it’s two - and the lack of detailed opt-out information.

In that uniform agreement obtained by Puck Daddy, language regarding termination of the contract was vague:

Article 13 – Termination of the Agreement

13.1 This Agreement shall automatically terminate on the Termination Date.

13.2 This Agreement shall terminate prior to the Termination Date, upon the execution of a written agreement of the parties.

13.3. This agreements shall terminate prior to the Termination Date, upon the execution of a player no longer being on a CWHL member club roster.

The women agreed to sign the deal just to get back on the ice playing, as long as the league would provide a letter of understanding detailing the termination policy and procedure.

Here is the addendum, added after the players signed off on the deal:

In a situation where a player is currently under contract with the CWHL, but wishes to play in another league, the CWHL will not hinder or prohibit her from doing so, as long as she (1) provides the league with written notice and (2) she follows the requirements outlined in the Player Movement policy.

The IIHF has established several rules surrounding the interleague transfer of players. The Policies of the CWHL comply with these rules and strive to allow the players the opportunity to control where they play while protecting the member clubs of the league. There are several ways that a player in the CWHL can transfer to another league, according to the IIHF and the CWHL Player Movement Policy

1) The CWHL Club may release a player (a club initiated release). In this case the player is a free agent is allowed to sign with any CWHL Club or a club in any other league.

2) A player may request a release from her contract (player initiated release) – the release may or may not be granted by the member Club.

a. If the release is granted, the player is free to join a club in another league. However, the player may not be contacted or retained by any of the CWHL Clubs for a period of one year.

b. If the club does not grant a release, the player may become a free agent at the end of the season and may be:

i. Signed to the official roster of the club;

ii. Traded to another team in the CWHL for consideration.

iii. Eligible to play in a league other than the CWHL for the balance of the season; however she is ineligible to play for any CWHL team other than the team that holds her rights.

The player may also refuse to be named to the official roster of the club and will be placed on the inactive (reserve roster). A player on the reserve roster is eligible to play in a league other than the CWHL for the balance of the season; however, she is ineligible to play for any CWHL team other than the team that holds her rights. (This is in compliance with IIHF rule 5.6 “A player may be transferred during the term of her contract, for a limited period of time, provided that an agreement is reached between all three parties concerned (the releasing club, the player and the receiving club). During the period of such limited transfer, the player will be under the jurisdiction of the new member national association.

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