NIL is new. The Gator Collective was formed in 2021 by Eddie Rojas a former UF baseball player who happens to have a financial brokerage firm as his primary career. He formed the Gator Collective to assist UF players in all sports to find NIL deals and in some cases to act as a 3rd party. The Collective ... according to what I read on the Gator site ... relies on different primary boosters for financial funding support for each sport. For football there is a booster, Hugh Hathcock, that is the main backer along with a group of 'million dollar donor buddies". The collective acts as an agent, draws up contracts, negotiates deals, and gets booster pledges to fund the NIL deals. They do have "subscribers" that pay a monthly fee and that provides some revenue that the Collective uses either as donations to UF, to fund NIL deals, and cover "operating costs". The collective itself does not have significant assets and the way it theoretically operates to fund a big NIL deal is a). A booster or booster group agrees that they will fund up to X amount to cover an NIL then b). the GC acting as an agent negotiates the deal and executes a BINDING contract.Is it really the case the GC has no assets or income? Is it a new entity (created to support UF NIL deals), or has it been operating previously as a booster club?
If it truly is a brand new entity with no money coming into its bank accounts and/or no history of previous revenues from dues, etc I could imagine some problems for the founders.
Presumably GC is organized and limited liability entity. But there are still things required in order to preserve the corporate form, including minimum capitalization requirements. In other words, you or I can't go form Canes Collective LLC, put no money in it, and turn around tomorrow and enter into a $13MM contract that we don't financially fulfill, without exposing ourselves to personal liability for the breach of contract.
I don't know if this is the situation for GC, but if they are brand new entity, with no money/capital and they entered into a $13MM contract that they can't honor...that's potentially a big problem for the founders.
What apparently happened here is that the Gator Collective either had the pledge from the booster(s) to cover the Rashada NIL deal or Rojas THOUGHT he would get the pledge and went ahead on his own and executed the contract. No idea what actually happened. But in December the GC sent a Termination letter ... as an attempt to back out of the executed agreement ... and the stipulated initial "up front payment" was not made. The Collective failed to pay and is in default. Not a good look for the Gators. In Gainesville everybody is pointing fingers and Hugh Hathcock, the 'reported' donor who allegedly backed out, will not take phone calls (He owns Velocity Automotive a large car dealer service company).
