I have wondered if NIL contracts would specify that there would be large damages if there was a transfer during the NIL period. If they are not in the contracts, they should be. This is a business now and should be treated as such by both the player and the college.
As their wrestling coach says - you get what you earn
Interesting question, I don't know the answer to. On my end, I don't know why not, but I am not versed in this. However, a reasonably clever lawyer ought to be able to put in penal provisions of the NIL that would make it very difficult to leave. I would start with a liquidated damages clause.
Michigan style self report.So Iowa wasn’t going to self report until the player mentioned it and Iowa was forced to?
The only value gained from Iowas NIL targets (Ferrari and Proctor) is entertainment for us.Clearly not what they paid for.
rpjlaw.com
Maybe someone clever can write up a large bonus at the end of the NIL that is functionally equivalent to requiring the player to stay with a particular school.That's like the one rule. It can't be contingent on enrollment since this isn't "pay to play" (laughable).
I think the workaround was said to be contractual obligations that would be impossible to meet if you weren't enrolled. IE 1 Autograph session for 10 minutes per week at XYZ car dealership in Iowa City during the season. Hard to do that from Tuscaloosa.
A Major Challenge to the NCAA's NIL Restrictions | RPJ Law
Last Wednesday, February 7, marked National Signing Day, the first day of the year when high school seniors can officially commit to play a sport at a National Collegiate Athlete Association (NCAA) college or university. The financial upside of becoming an NCAA student-athlete has never been...
"Most critically for those highly recruited high school athletes, the NCAA’s Interim NIL Policy prohibits NIL being used as an “improper recruiting inducement,” meaning any NIL deal that is contingent on enrollment at a particular NCAA school is prohibited."
That would be illegal. We all know that NIL is being used as pay for play or pay for enrollment. But since that's against the rules, any contracts wouldn't include those stipulations as it would put a clear NCAA violation in writing. These recruits have all the leverage in the world right now and can complete screw over those issuing the NIL payments. Proctor probably received at least of a portion of his "NIL" payments just for enrolling, and now he likely has collected some additional "NIL"' payments for enrolling back at Bama. Under the current rules the kids with no ethical standards can play this game all day and just transfer around at will, collecting money with every transfer. The schools and NIL collectives can't do a damn thing about it because the second they put enrollment or playing time contingencies in the contracts the athletes can blow the whistle on them and get the NCAA to issue sanctions. It's a perfect example of how FUBAR'd the current state of the sport is.
I believe you can do something similar. For example, if the NIL payer is a local car dealership and the player moves out of town. It doesn't make sense that a player playing for Alabama would be used for NIL in Iowa. The NIL value is lost. So I am pretty sure that the NIL is based on the player's NIL remaining valuable to the payer over a period of time. If the kid moves out, the contract is broken and nobody owes anything from that point forward.
All I know is that we need a new entity overseeing college athletics asafp. You can guess the f. The NCAA needs to be overthrown.
yep. Well, IMHO, the NCAA is either unwilling or incapable of controlling this. It will take the players creating a collective (AKA, unionize) and negotiating a collective bargaining agreement. The challenge is that the real football powers are pretty rare. So you've really got about 50 college football teams that are in the hunt and money makers. I suspect that is why the B1G and SEC met a few weeks back. I suspect that there is talk of an independent football organization that will abandon the NCAA and move on. But there is so much legal groundwork to disentangle.
Yep, unionizing won’t affect NIL payments. And if that had some possibility of doing so, players wouldn’t unionize to negotiate less money or less leverage. Only reason to unionize is for benefits like health insurance, long term coverage after career ending injuries, eliminating or compensation for processing out, a voice is scheduling and practice issues.
In other words... "if you are a shmuck that donated to the collective, please don't come after us to ask for a refund or to threaten legal action, we used a different source of money, it wasn't yours." Of course none of their NIL collective donors could possibly know if this is true, the collective is simply trying to get out in front of likely backlash.
