NIL Deals Gone Wrong
When a sponsor signs an NIL deal, what are they paying for? Are you paying for the athlete showing up? Are you fully “paid up” as a sponsor if the athlete gets there, goes through training camp, and quits then? What about first week? Halfway through the season?
NIL Deals Gone Wrong
(Some Legal Paper to clear your palate) No, seriously, an excellent study by St.Louis University Law student Brian Ahle. The subject is the “retirement” from college football by LSU quarterback Miles Brenner, who took over from (now) Cincinatti Bengal QB Joe Burrow in 2019. The NIL landscape prevents a NIL deal based on performance incentives or points scored.
The paper quotes the Alston Supreme Court Justice, “Nowhere else in America can businesses get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate… ” But the recency of this principle of allowed Name Image Likeness (NIL) leaves few legal cases to go by. A great deep-down examination of the car deal for Brenner is by Kristi Dosh (I’ve referenced her great work here before.)
NIL Deals Gone Wrong
(What about when “that guy” ain’t “that guy”)Sponsored NIL; what does the term mean exactly? Does the sponsor get a refund? Sometimes? Depending upon the contract? Depending upon the state?
NIL Deals Gone Wrong
NIL Causing a Disconnect with Athlete’s ambitions. Have you ever taken a job for the money over the love of the place? Josh Pate of 24/7 Sports gives the opinion you will have kids on campuses they otherwise would not have been interested in because NIL drew them there. That’s the new world we live in. … If you don’t play them immediately, they will get pissed off.
NIL Deals Gone Wrong
The Future – this is the first time NIL has widespread availability – and the Transfer Portal is Open. Many commentators feel that the Transfer Portal and the new NIL rules are a dangerous combination. 1001 Tips for Recruits (which gives advice to recruits) has a quote from Colorado AD George saying, ” Donor-led collectives that have struck deals with players before they sign binding letters of intent are violating rules, says George, one of the leaders of an NCAA working group that will soon publicize additional NIL guidelines.:
One of the most high-profile of these aggressive inquiries was this tweet:
Hey @CALEBcsw, have you considered Eastern Michigan, @EMUFB? If not, you SHOULD. GameAbove Capital is prepared to pay you ONE MILLION DOLLARS for one year! Are you ready be an EAGLE?@espn @CBSSportsNet @CBSSports @NBCSports @FOXSports @barstoolsports @MACSports @FS1
— Charlie Batch (@CharlieBatch16) January 5, 2022