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re: Are NIL deals structured like common employment agreements?

Posted on 4/24/24 at 8:56 am to
Posted by Nutriaitch
Montegut
Member since Apr 2008
7677 posts
Posted on 4/24/24 at 8:56 am to
quote:

No one follows the rules, genius.


oh, so you haven't actually paid any attention to how anything regarding NIL, transfers, or every other rule that the government stepped in on.

everything that has been forced onto the NCAA so far has heavily favored the student.

there are actual LAWS that prohibit the NIL deals from tying a kid to one school.
not an NCAA rule, an actual law passed by state government that makes it illegal to do.







Posted by Nutriaitch
Montegut
Member since Apr 2008
7677 posts
Posted on 4/24/24 at 9:37 am to
quote:

there are actual LAWS that prohibit the NIL deals from tying a kid to one school.


since I'm sure your next post is to ask for links, here you go.

randomly grabbed 6 states in the SEC footprint

Louisiana
Louisiana - NIL Law

quote:

A postsecondary education institution shall not use an athletic booster to, nor shall an athletic booster, directly or indirectly, create or facilitate compensation opportunities for the use of an intercollegiate athlete’s name, image, or likeness as a recruiting inducement or as a means of paying for athletics participation.


against state law for the NIL deal to be contingent upon sign or participating in a sport at the school


Alabama
Alabama - NIL Law

quote:

Compensation for a student athlete’s name, image, or likeness may not be conditioned on athletic performance or attendance at a particular postsecondary educational institution.


against state law for an NIL deal to be contingent upon even attending any particular university

Georgia
Georgia - NIL Law

quote:

A student athlete at a postsecondary educational institution may earn compensation for the use of his or her name, image, or likeness. Such compensation must be commensurate with the market value of the authorized use of the student athlete’s name, image, or likeness. Such compensation may not be provided in exchange, in whole or in part, for a current or prospective student athlete to attend, participate, or perform at a particular postsecondary educational institution.


against state law for an NIL deal to have anything to do with any particular school

Florida
Florida - NIL Law

quote:

An intercollegiate athlete at a postsecondary educational institution may earn compensation for the use of her or his name, image, or likeness. Such compensation must be commensurate with the market value of the authorized use of the athlete’s name, image, or likeness. To preserve the integrity, quality, character, and amateur nature of intercollegiate athletics and to maintain a clear separation between amateur intercollegiate athletics and professional sports, such compensation may not be provided in exchange for athletic performance or attendance at a particular institution and may only be provided by a third party unaffiliated with the intercollegiate athlete’s postsecondary educational institution.


once again, against state law to tie an NIL deal to any particular institution

Texas
Texas - NIL Law

quote:

may not enter into a contract for the use of the student athlete’s name, image, or likeness if:
any provision of the contract conflicts with a provision of the student athlete’s team contract, a provision of an institutional contract of the institution, a policy of the athletic department of the institution, or a provision of the honor code of the institution;
the compensation for the use of the student athlete’s name, image, or likeness is provided:
in exchange for athletic performance or attendance at the institution;
by the institution;

in exchange for property owned by the institution or for providing an endorsement while using intellectual property or other property owned by the institution; or
in exchange for an endorsement of alcohol, tobacco products, e-cigarettes or any other type of nicotine delivery device, anabolic steroids, sports betting, casino gambling, a firearm the student athlete cannot legally purchase, or a sexually oriented business;
the duration of the contract extends beyond the student athlete’s participation in the intercollegiate athletic program;


by law, NIL deal can not be provided based on attending a particular institution


Tennessee
Tennessee - NIL Law

quote:

An intercollegiate athlete at an institution may earn compensation for the use of the athlete’s name, image, or likeness. Such compensation must be commensurate with the fair market value of the authorized use of the athlete’s name, image, or likeness. To preserve the integrity, quality, character, and amateur nature of intercollegiate athletics and to maintain a clear separation between amateur intercollegiate athletics and professional sports, such compensation may not be provided in exchange for athletic performance or attendance at an institution and may only be provided by a third party.



against state law for NIL to be tied to attendance at a particular school




I can go on if you'd like, but pretty much every state's NIL laws are pretty similar to each other.


and NIL deals are written legally binding contracts that have to follow the laws of the States in which they are signed.



Posted by Gravitiger
Member since Jun 2011
10456 posts
Posted on 4/24/24 at 8:45 pm to
quote:

there are actual LAWS that prohibit the NIL deals from tying a kid to one school.
not an NCAA rule, an actual law passed by state government that makes it illegal to do.
VA just passed a lae making it legal for schools to directly pay players. Every other state will soon follow suit.
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