Good for UGA

#3
#3
If you read the article it sounds like Georgia is suing for money the guy never received. They paid him $30,000 on the new NIL agreement but want him to pay back over $300,000(Total including future payments) that he didn't receive because he broke the agreement. I can see him paying back the $30K because he left a month later but not sure they will get money from the player that he never received.
 
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#4
#4
TheDirector said:
If you read the article it sounds like Georgia is suing for money the guy never received. They paid him $30,000 on the new NIL agreement but want him to pay back over $300,000(Total including future payments) that he didn't receive because he broke the agreement. I can see him paying back the $30K because he left a month later but not sure they will get money from the player that he never received.
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The way I understand it is they are sueing for damages so it doesn’t matter if they paid him that much. I agree I don’t think they get that much but who knows based on the trial probably being in Georgia.
 
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#5
#5
Tnphil said:
Hope it starts happening a lot.
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I completely agree. Not sure of the exact details of this specific case, but generally speaking, you want to act like a pro and get paid like a pro? No problem! But I’d write up each NIL deal with stipulations to protect the payee. It’s common sense. These young men will understand, breaching contracts could be a risk. No breaching of contract? Get paid. Simple.

That being said it should also be written up with stipulations to protect the player as well. Contracts are contracts.

Simple.
 
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#6
#6
TheDirector said:
If you read the article it sounds like Georgia is suing for money the guy never received. They paid him $30,000 on the new NIL agreement but want him to pay back over $300,000(Total including future payments) that he didn't receive because he broke the agreement. I can see him paying back the $30K because he left a month later but not sure they will get money from the player that he never received.
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They are suing him because the agreement apparently provides that he has to pay GA a certain amount if he leaves. It’s somewhat like the buyout provision in a coach’s contract, “ if you leave, you owe us $xxx.“ He left so GA says he owes the agreed upon buyout.
 
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#7
#7
The article says they're suing for "liquidated damages" which cannot legally be used to keep someone from breaking a contract or punishment for breaking the contract. That's straight from the article.

GA has to prove that his leaving is costing them $390k in actual damage to the program or something.

Good luck with that.
 
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#8
#8
SayUWantAreVOLution said:
The article says they're suing for "liquidated damages" which cannot legally be used to keep someone from breaking a contract or punishment for breaking the contract. That's straight from the article.

GA has to prove that his leaving is costing them $390k in actual damage to the program or something.

Good luck with that.
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Yea, this is not a good look for uga.
 
#10
#10
I have no idea if this holds up in court or if it’s a good strategy, but liquidated damages are common in contracts and are often enforceable. The Georgia Court of Appeals enforced a $240,000 liquidated damages clause in September of this year. The burden is on the defaulting party to show that the clause is not enforceable.
 
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#11
#11
TheDirector said:
If you read the article it sounds like Georgia is suing for money the guy never received. They paid him $30,000 on the new NIL agreement but want him to pay back over $300,000(Total including future payments) that he didn't receive because he broke the agreement. I can see him paying back the $30K because he left a month later but not sure they will get money from the player that he never received.
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Damages I suspect. Teams make roster decisions depending on what they return and are expected to lose. You have a kid committed and signed to a deal and he up and decides to break that deal and it puts you between a rock and a hard place. Nico was a perfect example.

Teams are products now. Do something to harm the brand and there can be repercussions....or at least I think there should be. Enough of these prima donna players thinking they and their parents can do whatever they like and get away with it. Good for UGA. Smoke him.
 
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#15
#15
I’m not sure if this is a good idea by GA, but either way this goes it will set a precedent. I would think that legally it will go more in GA’s favor bc if not it will really make a mess of things. I think it’s likely that a settlement will be reached, unless this is just a statement that UGA is attempting to make. That is a real possibility in my opinion.
 
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#16
#16
DirtyDawg said:
I’m not sure if this is a good idea by GA, but either way this goes it will set a precedent. I would think that legally it will go more in GA’s favor bc if not it will really make a mess of things. I think it’s likely that a settlement will be reached, unless this is just a statement that UGA is attempting to make. That is a real possibility in my opinion.
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I imagine at most they will settle for whatever he has been paid.

that would be a real dangerous precedence to get the full value back. have to imagine a lot of kids wouldn't be happy with that.
 
#17
#17
LouderVol said:
I imagine at most they will settle for whatever he has been paid.

that would be a real dangerous precedence to get the full value back. have to imagine a lot of kids wouldn't be happy with that.
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I don't look at it as whether the player is happy or not. It is more around the player understanding the contract that they signed.

Maybe this being the first, it is handled differently and serves as a warning to players to be sure they understand what they signed.
 
#19
#19
I'm certainly no fan of Kirby or UGa, but much like Bama and Saban I've developed a great respect for a coach and program that is relentless toward the goal of winning.

You had better have a program where kids who want to get to the next level want to play to speak out like Kirby is regarding NIL and especially the portal. Total respect for the standard he has set, and the willingness to say that not every kid has what it takes to play at UGa.

"You have to recruit physical players, and they have to buy into that process," Smart said. "I don't know that — a lot of these kids nowadays, they want a check. They don't want physicality. When you have the check and no physicality, you end up with nothing. So you're not just getting checks at our place. We're hitting people."

www.cbssports.com

College football transfer portal: Georgia's Kirby Smart sounds off ahead of CFP

Georgia coach Kirby Smart is no fan of college football's new 'announcement' era
www.cbssports.com www.cbssports.com
 
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#20
#20
NIL seems to be more out of control in favor of the players. Maybe it's about time to flip that. I have a lot of friends that can't stand where college football is now and have quit their fandom. The word "ruined" surfaces a lot. Maybe a couple of lawsuits like this to set a precedent will rein it back in.
 
#21
#21
TheDirector said:
If you read the article it sounds like Georgia is suing for money the guy never received. They paid him $30,000 on the new NIL agreement but want him to pay back over $300,000(Total including future payments) that he didn't receive because he broke the agreement. I can see him paying back the $30K because he left a month later but not sure they will get money from the player that he never received.
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They were damaged. I think he better get out his checkbook.
 
#22
#22
volfan102455 said:
I don't look at it as whether the player is happy or not. It is more around the player understanding the contract that they signed.

Maybe this being the first, it is handled differently and serves as a warning to players to be sure they understand what they signed.
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All they understand is the bling it will buy them. Well that's all they GAF about anyway.
 
#23
#23
volfan102455 said:
I read the article - there was a clause in the contract that if he left, he had to pay back what he would have received had he stayed for the length of the contract. It is not about paying back what he has received. It is basically a buyout clause.

He signed the contract - seems cut and dry to me.
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Reading is a good skill to have.
 
#24
#24
Delmar said:
And I would think other schools will use it against them on the recruiting trail.
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What's Heup gonna say?

'Hey, come here, and when you want to break our contract and transfer, we're happy to help you pack for an SEC rival. Uga won't do that for you.'

Kirby would probably be glad for a player with that low a commitment level to come here instead of deal with them in Athens.

Too bad we didn't have some kinda clause that would have made Boo Carter go somewhere else from the get go.
 
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