The phrase that constituted Geelong’s overreach with Jake Kolodjashnij was a direct replica of the approved clause used for another player’s return to football through a state league in 2021.

The full detail of the contentious letter, and the near-identical wording with a contract approved by the AFL in 2021, can be revealed by 7NEWS for the first time.

The voluntary assumption of risk document covers a two-month period of consultation to facilitate the continuation of Kolodjashnij’s career but fatefully states: “You take upon yourself the physical and legal risk of loss, damage or injury of any kind arising directly or indirectly as a result of concussion sustained by you following your decision”.

Another league-approved contract from a non AFL-listed player, unrelated to Kolodjashnij, five years ago, reads: “He takes upon himself the risk of both physical and legal loss, damage or injury of any kind, arising directly or indirectly as a result from concussion”.

It’s understood the Cats used the 2021 example as a template for the wording in the Kolodjashnij document.

There are three other near-identical elements, which speak to a precedent in the Kolodjashnij concussion drama which has engulfed the industry since news of the document emerged last week.

First, confirmation that the player must acknowledge he has had serious concussion issues in the past, is at higher risk, and may have issues in the future, second; the understanding that his return to play timeline will be monitored and that he must report any symptoms to professionals diligently, and third; that the return to play timeline will be conditional on the successful completion of a graduated training program.

7NEWS has chosen not to name the original player who was permitted to play after these regulations were written into his contract. 

The revelation that a document, almost word for word, has been signed and ticked off before, raises questions as to why Geelong didn’t take Kolodjashnij’s contract amendment to the AFL for approval in February 2024.

Furthermore, it raises serious doubts over why they didn’t take the opportunity when the player re-signed in October of that same year to formally notify the AFL.

AFL CEO Andrew Dillon confirmed over the weekend that the league was aware of the high-level discussions relating to Kolodjashnij, but were never across nuanced details or the final copy.

And even when Kolodjashnij re-signed in October of that same year, the club didn’t notify the league of the voluntary assumption of risk and medical disclosure.

In 2021, a player, who 7NEWS has chosen not to name, was attempting to return to top level football via a state league.

To do so, he first was required to sign a document which we now know was almost identical to the one Kolodjashnij signed.

As a player who had been on an AFL list previously, it’s understood the AFLPA felt a level of obligation to provide advice to an alumni member.

Sources involved with those discussions confirmed the AFL Players’ Association provided advice to narrow the terms of the deal, which lasted just one season.

But unlike the Kolodjashnij case, this was written into his contract.

It’s unclear why Geelong didn’t attempt to write in these conditions to Kolodjashnij’s deal in February 2024 or when he re-signed in October 2024.

As reported on Saturday, the AFL concussion panel returned an “amber” reading for Kolodjashnij after a series of tests in 2023.

They were neither convinced he should retire nor play on, so left it up to Geelong to navigate the next steps.

Writing to Kolodjashnij in early 2024, respected Geelong club doctor David Long said: “The AFL concussion panel found it difficult to give a specific answer about whether you should retire on medical grounds given the uncertainties of your potential increased risk.

“While they did not directly advise you to retire, they were concerned about your increased risk of further concussions and long-term effects stated in this document.”

Dr Long also detailed the agreement “in plain language”.

“My advice is that if you wish to avoid increasing the risks associated with concussion and contact sport, that you cease playing contact sport, effective immediately,” Dr Long told Kolodjashnij.

There is also a discrepancy between a waiver and a voluntary assumption of risk and medical disclosure.

Legal sources contacted in the past 24 hours have confirmed this document is technically the latter.

“A waiver is a signed contract where you give up your right to sue a business for injuries down the track,” a senior employment lawyer told 7NEWS.

“A voluntary assumption of risk is a legal defence which shows you knew about a dangerous activity but did it anyway.”

The document the player in 2021 and Kolodjashnij signed were both titled “voluntary assumption or risk”.