HOW IS THIS LEGAL

#301
#301
unfrozencvmanvol said:
Until the contract is published online no one really knows what the terms are for sure or what it will protect, also if a contract is written essentially in bad faith as you have described to serve a prohibited purpose, odds are the contract is unenforceable or illegal itself if challenged.

There is already plenty of law on those kind of shenanigans in nearly every state that has developed because of non-competes and purported exclusive arrangements between doctors and hospitals. Hospitals have been "recruiting" doctors for decades. It would be pretty easy for the NCAA or whoever to look to health care precedent to deal with some of this. I also expect the fair market value of these deals to be seriously questioned at some point. Now you may say "how can they do that, the market is what the market pays"? Again, look to health care and the Stark-Anti-Kickback laws and regulations, there is plenty of precedent for identifying when a group is not paying a fair market value for the services rendered but is actually paying to tie someone to a certain hospital/location.

I am glad we are getting Nico, and hopefully he can put UT football back where it should be before the end of the game, but all of this sucks bad as a whole and is going to lead to all sorts of absurdity many everyday fans haven't even thought of yet. Ultimately, it's going to be the end of the game unless someone with the power to do so, like Congress, steps in and creates a nationally applicable and enforceable set of workable rules. I don't expect Congress to do anything useful though, so it's probably the end of the game.
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In regard to value, the college collectives need to point no further than NFL contracts. In regard to the intent of the contract, you may be right. It will be interesting though to see who would have the motivation to bring such a suit. This is why the NCAA needs to drop the fasade and allow the universities to be involved. They are the true benefactors of the deals.
 
#302
#302
OldVol said:
In regard to value, the college collectives need to point no further than NFL contracts. In regard to the intent of the contract, you may be right. It will be interesting though to see who would have the motivation to bring such a suit. This is why the NCAA needs to drop the fasade and allow the universities to be involved. They are the true benefactors of the deals.
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NFL contracts are for play though, these are purportedly for endorsement contracts, saying a high school kids endorsement is worth (fill in the blank). The weeds are gone get thick if they don't get some clear rules in place. Hopefully Nico can get us a ship before it all goes to s**t (the whole sport that is).
 
#304
#304
tennesseeduke said:
Five-star recruit signs $8 million NIL deal, largest for non-pro athlete

Not sure if everyone has seen this yet:
High school junior signs $8 million NIL deal. $350,000 sign on now and then $2 million per year each year he's in college. He can't sign a LOI for the college he's attending yet but he can sign an NIL deal for that school, so that in essence is paying for play now, I don't care how you spin it!

WTH???[/QUOTE
Bottom line! NIL’s and the transfer portal will be the demise of college football.
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#305
#305
Honestly it’s just going to be a completely different game. People says the death of the sport but it won’t die it just will change. Some argued that the forward pass would be the death of the game. It’s just a change in the game we know. Also these kids were always getting paid it’s just now it’s more for a few and it’s not hidden or illegal anymore.
 
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#306
#306
Elhanan said:
The free market is a good thing. The kid deserves the right to earn as much money as he can. Same as anyone else.
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to whom ever is alleged to be proposing the deal......350K.... meh whatever.......but 8 mil should be paid only AFTER the national championship is won....anything less is not worth 8 mil.
 
#309
#309
How? How is any entity going to block the earning potential of a kid? This is the core of why the NIL is here anyways. NCAA did everything in their power to block it.
 
#310
#310
GulfCoasterVol said:
to whom ever is alleged to be proposing the deal......350K.... meh whatever.......but 8 mil should be paid only AFTER the national championship is won....anything less is not worth 8 mil.
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That’s the deal I’d make too. I’d want results first but maybe whoever made the deal just wanted to land the guy. Idk
 
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#312
#312
37620VOL said:
You can't pay for results, only NIL.
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That's also, ultimately, why it's foolish. No one cares about these kids' names, images, or likenesses. They only matter because they put on this color or that color jersey. Just a thin veneer of justification to shut up anyone who disagrees. Once upon a time the NCAA brought down the SWC for this. But now we're through the looking glass. And there probably is no going back.
 
#313
#313
GulfCoasterVol said:
to whom ever is alleged to be proposing the deal......350K.... meh whatever.......but 8 mil should be paid only AFTER the national championship is won....anything less is not worth 8 mil.
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When some young woman (I'm not sure I can say lady) makes $1 million in a single day--her first day--on FansOnly, it's a pretty clear sign that we--Americans specifically, but including advanced nations around the globe, from Japan to the UAE to Germany, France and Britain--we value entertainers way too highly. We're willing to spend that much on them.

So no, a high school athlete getting ready to go to college landing a $2m/year contract doesn't amaze me. It might have, before that FansOnly gal. But not today.
 
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#314
#314
tennesseeduke said:
Five-star recruit signs $8 million NIL deal, largest for non-pro athlete

Not sure if everyone has seen this yet:
High school junior signs $8 million NIL deal. $350,000 sign on now and then $2 million per year each year he's in college. He can't sign a LOI for the college he's attending yet but he can sign an NIL deal for that school, so that in essence is paying for play now, I don't care how you spin it!

WTH???
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If he’s under 18 (and I’m guessing he is), it might not be enforceable.

This is the beginning of the death spiral for college football IMO.

But, if this is the way it’s played these days, at least we look like we’re deciding to play big.
 
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#317
#317
Elhanan said:
That’s the deal I’d make too. I’d want results first but maybe whoever made the deal just wanted to land the guy. Idk
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Uh huh. Is that how pro sport contracts are written??

It's called risk and reward.
 
#321
#321
Devo182 said:
It is. It's no more a secret than it was when under the table. It is paying for market services just like the pros.
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Yeah I was just curious how they say the contract is written. Like what kind of language it contains that skirts any requirement that he attend UT
 
#322
#322
golfballs said:
Yeah I was just curious how they say the contract is written. Like what kind of language it contains that skirts any requirement that he attend UT
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No one knows yet, outside the participants in the agreement.

I think there are a whole lot of other institutions, booster clubs, and the like across the nation who would love to see the details. You know, as a template for their own NIL efforts.

Consequently, I would not be surprised to learn of non-disclosure agreements within the contract as Spyre attempts to maintain a competitive advantage for as long as possible.

But I think it's probably safe to assume a few things:

(1) it won't explicitly require the athlete to sign with any particular institution (that would violate NCAA rules, and perhaps some laws).
(2) it will require the athlete to play college football. And may even specify division I football, or FBS football, or Power 5 football.
(3) it will likely include performance rewards and incentives.
(4) it will require the athlete to appear regularly for some kinds of events (meetings, social gatherings, memorabilia signing sessions, meet & greets, etc.) in the Knoxville area. The frequency and timing of these various events will make it a practical impossibility for the athlete to live anywhere other than Knoxville while also meeting the demands of a college football player (making games and practices, training sessions, other required classes and sessions).
(5) it will have significant penalties for either party to prematurely terminate the contract, and for non-performance of agreed duties.

Put the elements together, and it's clear he'll need to be enrolled at and playing for Tennessee. But it will not demand that anywhere in the contract.
 
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#324
#324
VFL-82-JP said:
No one knows yet, outside the participants in the agreement.

I think there are a whole lot of other institutions, booster clubs, and the like across the nation who would love to see the details. You know, as a template for their own NIL efforts.

Consequently, I would not be surprised to learn of non-disclosure agreements within the contract as Spyre attempts to maintain a competitive advantage for as long as possible.

But I think it's probably safe to assume a few things:

(1) it won't explicitly require the athlete to sign with any particular institution (that would violate NCAA rules, and perhaps some laws).
(2) it will require the athlete to play college football. And may even specify division I football, or FBS football, or Power 5 football.
(3) it will likely include performance rewards and incentives.
(4) it will require the athlete to appear regularly for some kinds of events (meetings, social gatherings, memorabilia signing sessions, meet & greets, etc.) in the Knoxville area. The frequency and timing of these various events will make it a practical impossibility for the athlete to live anywhere other than Knoxville while also meeting the demands of a college football player (making games and practices, training sessions, other required classes and sessions).
(5) it will have significant penalties for either party to prematurely terminate the contract, and for non-performance of agreed duties.

Put the elements together, and it's clear he'll need to be enrolled at and playing for Tennessee. But it will not demand that anywhere in the contract.
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I think Athletic got a copy
 
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