Hoops Rumors Glossary: Early Bird Rights

Bird rights offer teams the chance to sign their own free agents without regard to the salary cap, but they don’t apply to every player. Other salary cap exceptions are available for teams to keep players who don’t qualify for Bird rights. One such exception is the Early Bird, which applies to players formally known as Early Qualifying Veteran Free Agents.

While the Bird exception is for players who have spent three seasons with one club without changing teams as a free agent, Early Bird rights are earned after just two such seasons. Virtually all of the same rules that apply to Bird rights apply to Early Bird rights, with the requirements condensed to two years rather than three.

Players still see their Bird clocks restart by changing teams via free agency, being claimed in an expansion draft, or having their rights renounced. A player who is traded can also have his Bird clock reset if he approves a move after having re-signed with his previous team on a one-year contract (or a one-year contract with a second-year option) earlier in the league year.

As is the case with Bird rights, a player’s clock stops when he’s released by a team and clears waivers, but it would pick up where it left off if he re-signs with that same team down the road without joining another club in the interim.

For instance, if the Lakers were to re-sign Christian Wood this week, he would have Early Bird rights this offseason because – even though he was waived in February – he would be on track to finish a second consecutive season with Los Angeles and didn’t join another team in the interim.

Conversely, Lamar Stevens is an example of a player who won’t have Early Bird rights this offseason even though he’s finishing a second consecutive season with the Grizzlies. Stevens signed a contract with the Pistons between his stints in Memphis, resetting his Bird clock.

The crucial difference between Bird rights and Early Bird rights involves the limitations on contract offers. Bird players can receive maximum-salary deals for up to five years, whereas the most a team can offer an Early Bird free agent without using cap space is 175% of his previous salary (up to the max) or 105% of the league-average salary in the previous season, whichever is greater.

These offers are also capped at four years rather than five, and the new contracts must run for at least two years — the second season can be non-guaranteed, but can’t be a team or player option. Raises are maxed out at 8% per season.

Ty Jerome (Cavaliers) and Bruce Brown (Pelicans) are among the notable free agents who will have Early Bird rights during the 2025 offseason. Fred VanVleet (team option; Rockets) and Kelly Oubre (player option; Sixers) would join that group if their options are declined.

In some instances, teams can benefit from having Early Bird rights instead of full Bird rights if they’re trying to preserve cap space. The cap hold for an Early Bird player is 130% of his previous salary, significantly less than most Bird players, whose cap holds range from 150-300% of their previous salaries.

However, having a player’s Early Bird rights instead of his full Bird rights puts a team at a disadvantage in other cases. For example, when Isaiah Hartenstein reached free agency in 2024, his Early Bird rights limited the Knicks to a maximum four-year offer of $64.2MM ($72.5MM after incentives), a figure the Thunder had no problem topping when they signed Hartenstein to a three-year, $87MM deal.

In order to match or exceed Oklahoma City’s offer, New York would have had to use cap room, which the team didn’t have available — having Hartenstein’s full Bird rights would’ve allowed the Knicks to give him a far more substantial contract without requiring cap space.

Meanwhile, some players with limited NBA experience are subject to a special wrinkle involving Early Bird rights, called the Gilbert Arenas provision, which applies to players who have only been in the league for one or two years. We cover the Arenas provision in a separate glossary entry, so you can read up on the details there.

Essentially, the Arenas provision protects teams from a situation like the ones the Knicks found themselves in with Hartenstein, allowing them to match offer sheets on their restricted free agents without necessarily using Bird rights or cap room to do so.

During the 2023 offseason, Lakers guard Austin Reaves and Pelicans forward Herbert Jones were both Arenas free agents. Another Laker, Max Christie, and Pistons forward Simone Fontecchio were among the RFAs who fit the bill a year ago. There are no notable restricted free agents in 2025 on track to be subject to the Arenas provision, though there might be a small handful who fall into that category if they receive qualifying offers after having team options declined.

Finally, one more distinction between Bird rights and Early Bird rights applies to waivers. Players who are claimed off waivers retain their Early Bird rights, just as they would if they were traded. Those who had full Bird rights instead see those reduced to Early Bird rights if they’re claimed off waivers.

This rule stems from a 2012 settlement between the league and the union in which J.J. Hickson was given a special exception and retained his full Bird rights for the summer of 2012 even though he had been claimed off waivers that March.

Note: This is a Hoops Rumors Glossary entry. Our glossary posts will explain specific rules relating to trades, free agency, or other aspects of the NBA’s Collective Bargaining Agreement. Larry Coon’s Salary Cap FAQ was used in the creation of this post.

Earlier versions of this post were published in previous years by Luke Adams and Chuck Myron.