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re: Are NIL deals structured like common employment agreements?

Posted on 4/22/24 at 1:58 pm to
Posted by Gravitiger
Member since Jun 2011
10456 posts
Posted on 4/22/24 at 1:58 pm to
quote:

that's exactly how it works.

players signs a contract with whatever NIL company.
which is a legally binding document.

and nowhere in that document can the deal be tied to what school the player attends, how much playing time he gets, grades, stats, etc.

so when Quinn Ewers (just as an example off the top of my head) signed that NIL deal for over $1mil to go to Ohio State, that deal followed him to Texas when he transferred. And he's still getting paid by them.
Because that contract cannot legally tie him to any one university.

the "out" clause is that most NIL deals require the kid to meat certain criteria (autograph sessions, commercials, etc.).
as long as he meets those requirements, he gets his money.
even if he transfers to the most hated rival of whatever school he initially signed with.


there is nothing a school can do legally to prevent it.

Not anymore. That Quinn Ewers deal was done before most collectives even existed.

You're extremely naive if you think that's how it works for most DI FB and MBB athletes today.
This post was edited on 4/22/24 at 1:59 pm
Posted by Gravitiger
Member since Jun 2011
10456 posts
Posted on 4/22/24 at 2:02 pm to
Virginia just passed a law making it legal for schools to directly pay student-athletes for their NIL.

NCAA has already said they are working toward similar rules.

This is their last gasp before employee status, collective bargaining, and revenue sharing.
Posted by Nutriaitch
Montegut
Member since Apr 2008
7689 posts
Posted on 4/22/24 at 2:33 pm to
quote:

You're extremely naive if you think that's how it works for most DI FB and MBB athletes today.



dude, it's literally written into the NIL rule.


quote:

An NIL agreement between a PSA and a booster/NIL entity may not be guaranteed or promised contingent on initial or continuing enrollment at a particular institution.


quote:

NIL agreements must be based on an independent, case-by-case analysis of the value that each athlete brings to an NIL agreement as opposed to providing compensation or incentives for enrollment decisions (e.g., signing a letter of intent or transferring), athletic performance (e.g., points scored, minutes played, winning a contest), achievement (e.g., starting position, award winner) or membership on a team.





that part of the rule has not changed.

nowhere in your contract with your NIL deal can there be anything requiring you to sign with or stay at a specific school, or even being on the team at a specific school.



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