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re: Are NIL deals structured like common employment agreements?

Posted on 4/24/24 at 9:37 am to
Posted by Nutriaitch
Montegut
Member since Apr 2008
7687 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 Nutriaitch
Montegut
Member since Apr 2008
7687 posts
Posted on 4/24/24 at 10:17 am to
quote:

randomly grabbed 6 states in the SEC footprint


what the hell, Let's do the rest of the SEC

Mississippi - NIL Law

quote:

No postsecondary educational institution, booster, third-party licensee or any other individual or entity shall provide a prospective or current student-athlete compensation or enter into a name, image and likeness agreement as an inducement for the student-athlete to attend or enroll in a specific institution or group of institutions. 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 to tie the deal to attendance at a particular school

Oklahoma
Oklahoma - NIL

quote:

A student athlete shall not earn compensation in exchange for his or her athletic performance or participation in intercollegiate athletics or sports competition. Compensation shall not be provided as an inducement for athletic performance or to attend or enroll at a particular institution.



NIL cannot be tied to a particular school

Arkansas
Arkansas - NIL Law


quote:

A student-athlete may rescind a publicity rights contract with a third-party licensee or a contract for professional representation related to publicity rights without being held liable for breach of contract and with no obligation to return payments received before giving notice of rescission if the student-athlete is no longer:
Enrolled at an institution of higher education;
Eligible to engage in any varsity intercollegiate athletics program at an institution of higher education; or
Participating in varsity intercollegiate athletics at an institution of higher education.


Worded differently, but once again no NIL contract can bind the student to any particular school.


Missouri
Missouri - NIL Law

Missouri's law does not specifically mention anything allowing or forbidding NIL being tied to one specific school

Kentucky
Kentucky - NIL LAW

quote:

A student-athlete may receive compensation for the use of the athlete’s name, image, or likeness through a name, image, and likeness agreement with a third party. Such compensation shall be consistent with prevailing market rate of the authorized use of the athlete’s name, image, or likeness.
A person or entity shall not give or promise compensation for the use of the name, image, or likeness of a current or prospective student-athlete to recruit or induce the athlete to enroll at any Kentucky institution.


against state law to tie NIL to enrolling at any particular school


South Carolina
South Carolina - NIL Law

quote:

Activities related to an intercollegiate athlete’s use of his name, image, or likeness for compensation cannot be contingent on a prospective intercollegiate athlete’s enrollment at a particular institution of higher learning or its athletic conference and cannot otherwise be used as an inducement by an institution of higher learning or a booster.


against state law there too.


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