Page 1
Page 1
Started By
Message

NIL Language

Posted on 1/5/24 at 12:01 pm
Posted by WMTigerFAN
Ouachita
Member since Feb 2005
4503 posts
Posted on 1/5/24 at 12:01 pm
I’d be interested to see how these deals are written. I’m sure the collectives have a wide variety of compensation packages.
Is it acceptable to include anti-transfer language? Are there performance bonuses?
What language would you like to see in an LSU-related NIL offer?
Posted by mylsuhat
Mandeville, LA
Member since Mar 2008
48956 posts
Posted on 1/5/24 at 12:02 pm to
You are talking about Pay-For-Play, which is illegal
Posted by LSU316
Rice and Easy Baby!!!
Member since Nov 2007
29340 posts
Posted on 1/5/24 at 12:45 pm to
Yep these guys are getting paid standard commercial deals and such for NIL…..amounts may be inflated due to “reasons” but I don’t think you can put any transfer, playing time, or performance restrictions or incentives in the deals.
Posted by Kingd92
Member since May 2018
296 posts
Posted on 1/5/24 at 12:46 pm to
Most probably don’t know this, but it’s against the NCAA rules for the NIL deal to be contingent upon an athlete’s enrollment at a certain school or for certain athletic performance. Basically can’t be structured as pay-for-play.

It’s essentially supposed to be an endorsement deal for Name, Image and Likeness.

Obviously, it seems that many are playing loose games with that.
This post was edited on 1/5/24 at 12:56 pm
Posted by Calen50
Lafayette, LA
Member since Dec 2011
91 posts
Posted on 1/5/24 at 12:54 pm to
So, could someone structure a deal for say "the starting quarteback at X University"? If you're the back up, you get nothing. If the starter goes down and you go in, then you get the endorsement deal. Conversely, if you're the starter and get beat out, you lose your NIL money. Same could be written for any and all positions that way in theory.
Posted by Kingd92
Member since May 2018
296 posts
Posted on 1/5/24 at 12:56 pm to
That sounds like it would against the rules as that’s contingent on being at a certain school and a starter (i.e., contingent on certain athletic performance).
This post was edited on 1/5/24 at 12:59 pm
Posted by Ash Williams
South of i-10
Member since May 2009
18178 posts
Posted on 1/5/24 at 1:15 pm to
If these “sponsors” are smart they’re offering deals that are semester-to-semester or at least year-to-year.

Sounds like aTm’s collective was offering lump sum NIL deals to guys for their entire collegiate career.

I say this because the collective says they’re going to enforce the contracts to get the players to come back and uphold their part of the contracts even if they transfer.
Posted by SlidellCajun
Slidell la
Member since May 2019
10603 posts
Posted on 1/5/24 at 2:10 pm to
quote:

Is it acceptable to include anti-transfer language? Are there performance bonuses? What language would you like to see in an LSU-related NIL offer?


Schools have no official association with any contracts for money.
The school is essentially removed from the whole process although they get benefit of the kid playing for them.

Contracts are drawn up between the player and whoever is giving them money or “sponsor”

If it’s a collective fund then it’s drawn up between player and the collective.

This post was edited on 1/5/24 at 2:13 pm
Posted by CubsFanBudMan
Member since Jul 2008
5121 posts
Posted on 1/5/24 at 2:52 pm to
Another way to structure it would be to have a per appearance fee to the location of the business. Restaurant A has contract with QB1 for 20k per appearance at assigned location with a minimum of 5 appearances throughout the year. If QB1 goes on a run, the restaurant could have him appear at 5 locations per week for the entire season. QB1 gets benched, the restaurant stops booking appearances.
Posted by BlackAdam
Member since Jan 2016
6477 posts
Posted on 1/5/24 at 3:03 pm to
NIL especially through collectives is a lot more like pay for play than NIL.
Posted by RummelTiger
Texas
Member since Aug 2004
90088 posts
Posted on 1/5/24 at 3:05 pm to
quote:

Is it acceptable to include anti-transfer language?


If you want to lose recruits, then this is an excellent way to accomplish that.
Posted by Geaux Guy
Member since Dec 2018
5398 posts
Posted on 1/5/24 at 3:06 pm to
quote:

Yep these guys are getting paid standard commercial deals and such for NIL…..amounts may be inflated due to “reasons” but I don’t think you can put any transfer, playing time, or performance restrictions or incentives in the deals.


Exactly. It’s crazy how many people still do not know what NIL is…. That said, if I was the employer, I’d certainly have a time commitment (still have to be around) and would pay incrementally with a bonus at the end of the commitment

Posted by WMTigerFAN
Ouachita
Member since Feb 2005
4503 posts
Posted on 1/5/24 at 6:10 pm to
Even though the Universities aren’t supposed to be directly involved under the NCAA guidelines, they’re definitely communicating to the collectives, etc about what the prospect is asking for. But the collective (which is likely a very fluid structure in itself) isn’t liable to the NCAA, the player is. I’m sure the legal brains attached to the collectives could backload secondary compensation to the family with conditions relating to the athlete staying with the particular program, maintaining certain moral standards, etc.
The larger the package the more likely the family would apply pressure to the athlete to adhere to the conditions that would benefit them most. College tuitions for family members, access to better healthcare, etc. all possibly on the table for a top tier playmaker.
Posted by Basura Blanco
Member since Dec 2011
8542 posts
Posted on 1/5/24 at 6:47 pm to
quote:

Most probably don’t know this, but it’s against the NCAA rules for the NIL deal to be contingent upon an athlete’s enrollment at a certain school or for certain athletic performance. Basically can’t be structured as pay-for-play.



This is true, but it is easily by-passed with other, allowable language.


NCAA by-law regarding NIL
An NIL agreement between a SA and a booster/NIL entity may not be guaranteed or promised contingent on initial or continuing enrollment at a particular institution.

This is an easy work around if you word the contract to state the athlete must live in a specific geographical location, or that the athlete must meet with the benefactor weekly during the season at a specific location or they void the contract.

NCAA by-law regarding performance
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 (e.g., being on roster).

This is more difficult, but the key word is value. It is vague enough to be practically unenforceable.

And after all of that, the most important point to consider is that while an athlete must disclose an NIL deal to the school, they do NOT have to provide a copy of the contract or disclose the terms.

So basically the NCAA says what can NOT be in an NIL contract but state law has made it impossible for them to access the details of an NIL contract making their rules unenforceable.
Posted by WMTigerFAN
Ouachita
Member since Feb 2005
4503 posts
Posted on 1/5/24 at 6:50 pm to
I think the athlete’s biggest concern isn’t the NCAA, it’s the IRS
Posted by Basura Blanco
Member since Dec 2011
8542 posts
Posted on 1/5/24 at 7:01 pm to
quote:

I think the athlete’s biggest concern isn’t the NCAA, it’s the IRS


I think the biggest concern here that no one is focusing on is that they are now able to hire an agent. That W-2 hits hard, but not as hard as the repercussions of hiring Uncle Pookie across the way as his agent who now has signing privilege's on the new Chase account.
Posted by BornAndRaised_LA
Springfield, VA
Member since Oct 2018
5339 posts
Posted on 1/5/24 at 7:20 pm to
quote:

And after all of that, the most important point to consider is that while an athlete must disclose an NIL deal to the school, they do NOT have to provide a copy of the contract or disclose the terms.


If a deal ran counter to NCAA rules and the athlete wanted to transfer and/or get folks in trouble…you don’t think he’d voluntarily provide it?
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram