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More on NIL Super deals and NIL Collectives

TemplarCane said:
I don’t disagree but what legal standard allows limiting player income to a share of university revenue? Do players with a higher market value get more, or does each player receive the same amount? College football programs don’t all earn the same revenues, are the blue-bloods providing higher NIL compensation?

And who would negotiate with and for the player? A college football player’s union? Trade association?
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That all should’ve been discussed w/ set parameters. What everyone agrees w/, even politicians who pushed this, this is an unintended consequence.
 
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77cane said:
A minor can sign a contract; ,but my understanding is the minor is not legally bound to it. At least that is the way I remember it being explained in a business law class. We have some lawyers on the board I'm sure whocould give a more definititive answer
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capacity to contract is mostly subject to state law.

in general, 18 is going to be the age when a person can be legally bound to a contract. there are exceptions, but that's pretty much true in this context
 
Rellyrell said:
Lol; tried to tell ya’ll before this chit happened. Somehow u thought this would even the playing field & would be a good thing to bring back the proverbial “parity.”

When there’s no structure, all u have is interpretation which leads to chaos. I’m sure something will give, eventually; but when, who knows. The worst thing that could’ve happened was not having set guidelines regarding NIL, namely, players ONLY can get compensated for the use of their name, image, or likeness regarding any University published materials including merchandise, commercials, memorabilia, gaming, promotions, posters.

This chit is literally the Wild, Wild West. But, for some this is what u wanted b/c u thought it was a benefit. All this did was empower boosters to come out from the dark & be flagrant, while also stopping kids from taking paper bags & dipping.
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Of course it is.. With all the talk of the “NCAA is dead” they’re just sitting back quietly watching. When they do step in and clear things up with parameters, they’ll look back and say “This is why you need us”. Just enjoy the show for now…
 
ZuCrew said:
Of course it is.. With all the talk of the “NCAA is dead” they’re just sitting back quietly watching. When they do step in and clear things up with parameters, they’ll look back and say “This is why you need us”. Just enjoy the show for now…
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It want stop a single payment. Hundred dollar handshake are some of college unwritten rules. LSU and others laugh at so call sanctions.
 
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PlanoCane said:
It want stop a single payment. Hundred dollar handshake are some of college unwritten rules. LSU and others laugh at so call sanctions.
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True however I think the NCAA is learning a lesson from all of this. For years they've showed favoritism to the SEC for that very same league to not think twice about cutting them out and forming their "own league". Plus having their power checked, authority scrutinized, and inadequacies magnified repeatedly, I think will be good for them in a sense in that they will get their act together and become and actual governing body, not just miming the appearance of one.
 
TemplarCane said:
Yes, Pandora’s Box is open. Now what?
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Man, this was my fear. I actually used that term, “Pandora’s Box.”

I’m not sure what’s going to happen. Once something like this has been opened, at this magnitude…sheesh, bro.

Some of these coaches are begging for federal regulations vs. state to state regulations. Imo, both parties (NCAA & State Legislators) didn’t think things completely through. I blame the NCAA for not getting ahead of this yrs ago staying in the stone/dark ages, & I blame State Legislators (many are boosters) who was more concerned w/ vilifying/axe-grinding The NCAA as opposed to working w/ The NCAA.

So now, moving fwd, I’m not sure how this can be mitigated.
 
DeanCane said:
Agreed... at least now Miami can participate without threats of the death penalty
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This. 1000 times. Before NIL deals, some schools were allowed to blatantly cheat and others got punished for doing the same thing. Look at Tennessee they tried to get in the bag game to compete with Alabama and Georgia and the NCAA shut that down with the quickness. Now they can throw money at kids and compete for top talent that otherwise would have went to one of the schools that was allowed to buy players. NIL deals aren’t about bringing parity. There’s always going to be spenders and schools who can’t afford it but at least some of the schools that can afford it are playing on the same field as others. Maybe your schools gets outbid by another school and that suck but at least you had a chance. Before, kids had the choice of go to Alabama and get paid or go to Tennessee for free.
 
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I can see some nfl agents getting their hands in this too. Posing as consultants Getting NIL deals lined up with high school kids and transfers if they promise to be represented by them when they get to the draft. Then turn around and say that NIL will have to be paid back in full if you want to separate from us as an agency.
 
DTP said:
This. 1000 times. Before NIL deals, some schools were allowed to blatantly cheat and others got punished for doing the same thing. Look at Tennessee they tried to get in the bag game to compete with Alabama and Georgia and the NCAA shut that down with the quickness. Now they can throw money at kids and compete for top talent that otherwise would have went to one of the schools that was allowed to buy players. NIL deals aren’t about bringing parity. There’s always going to be spenders and schools who can’t afford it but at least some of the schools that can afford it are playing on the same field as others. Maybe your schools gets outbid by another school and that suck but at least you had a chance. Before, kids had the choice of go to Alabama and get paid or go to Tennessee for free.
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Didn’t the NCAA already investigate the $500 we were giving?
 
DTP said:
Didn't we tell them to kick rocks?

The NCAA doesn't have power anymore. They can't just let their favorites get away with paying players while everyone else has to follow the rules.
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If u think the NCAA don’t still have power, u’re sadly mistaken. This NIL under its current construction is a very vague and ambiguous language as set forth BY the NCAA due to the court ruling. They very much still have oversight over this thing here, which is y u will hear them occasionally snoop around. They r taking a passive aggressive approach to this matter, while the media, coaches, **** Congress is doing the dirty work in complaining.

My point was, the mega deals that’s happening are happening at the B1G & SEC levels…yet, when we had just some pocket change deals, the first thing they did was look into us. Yes, nothing came out of it, but that wasn’t the point of my reply. The point shows we still have a microscope on us.
 
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Rellyrell said:
If u think the NCAA don’t still have power, u’re sadly mistaken. This NIL under its current construction is a very vague and ambiguous language as set forth BY the NCAA due to the court ruling. They very much still have oversight over this thing here, which is y u will hear them occasionally snoop around. They r taking a passive aggressive approach to this matter, while the media, coaches, **** Congress is doing the dirty work in complaining.

My point was, the mega deals that’s happening are happening at the B1G & SEC levels…yet, when we had just some pocket change deals, the first thing they did was look into us. Yes, nothing came out of it, but that wasn’t the point of my reply. The point shows we still have a microscope on us.
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We were the first, and I still believe only team to have a company offer a NIL deal to the entire team. The NCAA got suspicious and we told them to kick rocks. They can put a telescope, microscope, microwave whatever they want on us doesn’t matter anymore.

Now I’m sure once a few of these big money kids bust, there will be a bunch of buyers remorse and we’ll see thing get “regulated”. But the cat is out of the bag and kids playing big time college football for free is a thing of the past.
 
- Caspino said he is aware of athletes with deals who have not been paid, and there is no legal remedy as companies continue to use their likeness.

"I've seen their contracts. They didn’t have a lawyer look at it. They just saw dollar signs and they signed a bad contract," Casino said. "That’s my No. 1 concern. I don’t represent the collectives, I present the athletes. My job is to ensure their eligibility … and to have options. They're going to become an indentured servant to somebody."
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**** that’s crazy… this is big league territory these kids need some good lawyers to help them deal with this.
 
Rellyrell said:
Man, this was my fear. I actually used that term, “Pandora’s Box.”

I’m not sure what’s going to happen. Once something like this has been opened, at this magnitude…sheesh, bro.

Some of these coaches are begging for federal regulations vs. state to state regulations. Imo, both parties (NCAA & State Legislators) didn’t think things completely through. I blame the NCAA for not getting ahead of this yrs ago staying in the stone/dark ages, & I blame State Legislators (many are boosters) who was more concerned w/ vilifying/axe-grinding The NCAA as opposed to working w/ The NCAA.

So now, moving fwd, I’m not sure how this can be mitigated.
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SCOTUS more or less said the NCAA has no legal standing to restrict players earnings through NIL. I’m not an attorney, so I don’t know how the NCAA and State or Federal Legislatures can now come up with rules and laws around NIL without players having a seat at the table. I know many hate the idea of a CFB players union, but I don’t see an alternative.

Perhaps legal beagles on this board would have more substantial commentary.
 
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DTP said:
We were the first, and I still believe only team to have a company offer a NIL deal to the entire team. The NCAA got suspicious and we told them to kick rocks. They can put a telescope, microscope, microwave whatever they want on us doesn’t matter anymore.

Now I’m sure once a few of these big money kids bust, there will be a bunch of buyers remorse and we’ll see thing get “regulated”. But the cat is out of the bag and kids playing big time college football for free is a thing of the past.
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Yet, u’re still missing the point. The cat is not out the bag, & lol at the notion of kids playing FB for free. I don’t know how old u r, nor do I want to speculate, but once upon a time this thing called a scholarship was given to athletes who wouldn’t normally qualify to get a higher education. U don’t think a free scholarship have any monetary value? Well, go ahead & ask the millions of Americans who are saddled w/ billions of dollars in student debt b/c they weren’t afforded such opportunities.

Let’s not talk about the boosters and $100 handshake deals that’s been taken place since the beginning of time. Let’s not mention Vince Young rolling around campus in a Navigator on a “student stipend” or Reggie’s parents in a brand new home, or my little cousin flossing a brand new Acura to attend Auburn.

The point of the NIL was, again, for athletes to be add’ly compensated for their name image & likeness being used. This was a matter brought up by Ed O’Bannon as he began thinking about how he nor any NCAA athlete had been compensated for their likeness used. Millions of dollars made off their names, image, & likeness (e.g programs, video games, jerseys, memorabilia) & not a single red cent was made. I agree COMPLETELY w/ that; these young men & women should be compensated for their use to elevate advertisement for either the NCAA or their schools.

It was NOT meant to be used for what we’re seeing today. This is boosters on steroids, to the point HS kids before their Senior yr of school r being bought. Sorry Cuddy, I respect u as a poster, one of the finest on here, but how this chit is going down is not good for the sport. From an entitlement standpoint, to overt cheating…nah blood, can’t f/ u on this one.
 
TemplarCane said:
SCOTUS more or less said the NCAA has no legal standing to restrict players earnings through NIL. I’m not an attorney, so I don’t know how the NCAA and State or Federal Legislatures can now come up with rules and laws around NIL without players having a seat at the table. I know many hate the idea of a CFB players union, but I don’t see an alternative.

Perhaps legal beagles on this board would have more substantial commentary.
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Correct; but they put in vague language on “how” a kid could receive/compensated by such a NIL…namely, a participating school under their governing body could not be involved in setting up said NIL deals.
 
Rellyrell said:
Correct; but they put in vague language on “how” a kid could receive/compensated by such a NIL…namely, a participating school under their governing body could not be involved in setting up said NIL deals.
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Yep. And early returns are NIL deals connecting a player to a program are clearly implied, at least it seems to be. How the heck does a school even have a ‘collective’? I read the Florida collective is opening an office in Gainesville. Please. C’mon.
 
TemplarCane said:
Yep. And early returns are NIL deals connecting a player to a program are clearly implied, at least it seems to be. How the heck does a school even have a ‘collective’? I read the Florida collective is opening an office in Gainesville. Please. C’mon.
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It’s total horse chit bro. Like I’ve mentioned before on here, b/c of my fiduciary responsibilities, I’ve read over many of contracts I’ve been a party to. It’s my obligation to weed out any ambiguous language that’s found to help clients understand completely what they are signing & agreeing to. Financial companies, particularly in the insurance industry are notorious for putting vague, interpreted language in policy jackets to give leeway to deny claims. If there’s a loophole, it will be exploited b/c that’s what ambiguous language allows.

The NIL agreement is beyond ambiguous; schools r taking full advantage of it. I mentioned that these schools will be even more prone to turn “turn a blind eye” to their boosters (& let’s be honest, boosters come in all shapes & sizes from a casual fanatic, alum, former employee, politicians) doing a school’s dirty work. What was once considered impermissible is now considered permissible. That wasn’t the intent; the intent was:
-If Adidas, UA, NB, or Nike sold a jersey in the student store or on a website w/ my name on it, I need to get a piece of the proceeds.

-If the student store or an auction is used to sell a signed piece of memorabilia, I need to get a piece of the proceeds.

-If the NCAA is using my image on a giant banner, or a still shot used on TBS, Tru-TV, CBS to promote the NCAA tourney, I need to get a piece of the proceeds.

What we’re seeing now is just boosters saying “I’m going to outspend u, OPENLY, to get the best players to go to my favorite school. The irony is that Jimbo Fisher “initially” said the NIL is only bringing out what was done in private before, but when he became the benefactor of it, he said kids weren’t coming to A&M b/c of that, & they weren’t cheating. Lol.
 
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