How Will NIL Affect Decommitments

[VolunteerHillbilly]

Obviously, we're hoping that we can pull some upsets and get some prospects to flip. I'm wondering if prospects who get NIL deals before signing (the Bama QB commit for example) will be tied down by NIL contracts before they ever sign a letter of intent with a school. I have not seen a template for an NIL deal with a prospect. As a person who has drafted and reviewed many contracts, I am sure that lawyers have thought about what happens to your NIL deal if a prospect decommits or if the school withdraws the offer before ESD/NSD. This would have to be a particular concern with local and regional brands. Some of the regulars in this forum seem to be on the ground. Anyone heard about how this will be handled?

 

[All_Vol87]

Obviously, we're hoping that we can pull some upsets and get some prospects to flip. I'm wondering if prospects who get NIL deals before signing (the Bama QB commit for example) will be tied down by NIL contracts before they ever sign a letter of intent with a school. I have not seen a template for an NIL deal with a prospect. As a person who has drafted and reviewed many contracts, I am sure that lawyers have thought about what happens to your NIL deal if a prospect decommits or if the school withdraws the offer before ESD/NSD. This would have to be a particular concern with local and regional brands. Some of the regulars in this forum seem to be on the ground. Anyone heard about how this will be handled?

Great question OP

 

[VolunteerHillbilly]

I did a little bit of cursory research and gleaned that some states don't allow HS athletes to play if they have NIL deal while some do. Most probably don't say one way or another and leave it to their HS athletic association by-laws. There definitely are some states where you can sign NIL deal and still play HS ball, California apparently being one, which means all states that are serious about trying to produce D1 talent will have to allow it soon.

 

[tnutater]

IMHO, NIL is short for "Pay to Play"
Big money on signing day.
Maintenance money at the end of each season.
With the exception of the elite stars, players have little marketing value.
Football players are paid to play football.
When they take off their school's jersey they will not get rich with their brand.

 

[volsfan_17]

IMHO, NIL is short for "Pay to Play"
Big money on signing day.
Maintenance money at the end of each season.
With the exception of the elite stars, players have little marketing value.
Football players are paid to play football.
When they take off their school's jersey they will not get rich with their brand.

Which is why I believe that the schools will use this point as an incentive. Partnering to allow student athletes to use the school logos/colors would net a bigger take for the athlete IMO. I think that as long as the promotion doesn't violate the schools current deals, and isn't something the school didn't want to be associated with, it should be permitted to wear the schools gear/logo.

Fact of the matter is that some, probably most, of these athletes are most valuable in their collegiate years. Once they've graduated, and no longer are on campus, and are working for a living at something other than their respective sport, their marketability has decreased significantly.

I'd really like to see UT get out in front of the NIL discussion in creative ways like this, even more than it has already.

Edited to say that the above post is based on the premise that the NIL is not merely a legal way to pay kids to come to/stay in your school. Which is too early to tell at this point.

 

[VflPT22]

Obviously, we're hoping that we can pull some upsets and get some prospects to flip. I'm wondering if prospects who get NIL deals before signing (the Bama QB commit for example) will be tied down by NIL contracts before they ever sign a letter of intent with a school. I have not seen a template for an NIL deal with a prospect. As a person who has drafted and reviewed many contracts, I am sure that lawyers have thought about what happens to your NIL deal if a prospect decommits or if the school withdraws the offer before ESD/NSD. This would have to be a particular concern with local and regional brands. Some of the regulars in this forum seem to be on the ground. Anyone heard about how this will be handled?

The bama qb that got the deals is not a commit..it’s Bryce young who is on the team but has not started a game yet

 

[volsfan_17]

.

 

[VolunteerHillbilly]

Which is why I believe that the schools will use this point as an incentive. Partnering to allow student athletes to use the school logos/colors would net a bigger take for the athlete IMO. I think that as long as the promotion doesn't violate the schools current deals, and isn't something the school didn't want to be associated with, it should be permitted to wear the schools gear/logo.

Fact of the matter is that some, probably most, of these athletes are most valuable in their collegiate years. Once they've graduated, and no longer are on campus, and are working for a living at something other than their respective sport, their marketability has decreased significantly.

I'd really like to see UT get out in front of the NIL discussion in creative ways like this, even more than it has already.

A lot of these prospects' highest value is probably right up to the point when they start having to compete with other elite prospects in Spring practice or Fall camp. Johnny 5* is going to have a lot more social media followers when there is still a possibility that he may flip to some other program. Just look at the threads in this forum. If a 4* likes a Tweet, we're gonna hear about it. We even hear about it when they don't like any Tweets about the Vols. I'm much more likely to click a post about the QB from Martin now, when there's at least a slim chance he might change his mind, than I ever would be once he's signed with Bama.

I do think you're right when it comes to the star players who are starting. I just don't know how this is going to work with unsigned prospects.

 

[VolunteerHillbilly]

The bama qb that got the deals is not a commit..it’s Bryce young who is on the team but has not started a game yet

It was an example. I don't know what TN says about this. I know there is a new law. Like I posted, there are states that have said you can have NIL and play high school ball.

 

[jakez4ut]

Good topic... Haven't thought of that angle.

 

[smokeyz1]

The NIL deals are still against the rules until the players are enrolled in school. If fact, it's a violation to promise NIL deals to recruits. We all know NIL deals are already being used or promised as incentives to recruits. This part would be almost impossible for the NCAA to enforce.

However, official NIL deals will not be signed until after the player is enrolled in college. If they are signed early, it would provide evidence of a recruiting violation.

 

[OleRockyTopTennessee]

Obviously, we're hoping that we can pull some upsets and get some prospects to flip. I'm wondering if prospects who get NIL deals before signing (the Bama QB commit for example) will be tied down by NIL contracts before they ever sign a letter of intent with a school. I have not seen a template for an NIL deal with a prospect. As a person who has drafted and reviewed many contracts, I am sure that lawyers have thought about what happens to your NIL deal if a prospect decommits or if the school withdraws the offer before ESD/NSD. This would have to be a particular concern with local and regional brands. Some of the regulars in this forum seem to be on the ground. Anyone heard about how this will be handled?

I haven’t. I would rather any college player not be eligible until after their freshman year for the NIL. They could be a bust, not play or anything. There should be major stipulations regarding this.

 

[VolunteerHillbilly]

The NIL deals are still against the rules until the players are enrolled in school. If fact, it's a violation to promise NIL deals to recruits. We all know NIL deals are already being used or promised as incentives to recruits. This part would be almost impossible for the NCAA to enforce.

However, official NIL deals will not be signed until after the player is enrolled in college. If they are signed early, it would provide evidence of a recruiting violation.

I guess Mikey Williams is the current posterchild. From what I can glean, he's signed a representation agreement but I don't know whether his representatives have secured any endorsements. He definitely has an agent who is shopping him. The article I read about allowing high school athletes to play in California even if they have an NIL deal was in 247 here

 

[VolunteerHillbilly]

I haven’t. I would rather any college player not be eligible until after their freshman year for the NIL. They could be a bust, not play or anything. There should be major stipulations regarding this.

I understand and this makes sense if you're looking for a long term spokesperson who will elevate your brand. If you're just looking for someone with a few million/hundreds of thousands of followers who will give you a quick bump in the short attention span world of social media, you're probably gonna be able to get that hot prospect a whole lot cheaper than some established player who already has significant deals with major brands.

 

[smokeyz1]

I guess Mikey Williams is the current posterchild. From what I can glean, he's signed a representation agreement but I don't know whether his representatives have secured any endorsements. He definitely has an agent who is shopping him. The article I read about allowing high school athletes to play in California even if they have an NIL deal was in 247 here

I guess a kid can always make deals that are not tied to a school that is recruiting him. If that is the case, you answered your original question. A decommit would not matter since his deals are not tied to a specific school.

If his NIL deals are tied to a school where he is representing Bama (for example) in and advertisement before he is enrolled at Bama then it's an obvious recruiting violation.

 

[smokeyz1]

I understand and this makes sense if you're looking for a long term spokesperson who will elevate your brand. If you're just looking for someone with a few million/hundreds of thousands of followers who will give you a quick bump in the short attention span world of social media, you're probably gonna be able to get that hot prospect a whole lot cheaper than some established player who already has significant deals with major brands.

Another point .. If a recruit has an Agent "shopping" him with prospective schools to find what specific deals he can get if he signs with each school .. I would expect those deal would not be officially signed until the recruit enrolls in school.

If I understand the new NCAA NIL rules correctly .. it would be a violation of rules for the school to promise any NIL deals to the recruit. So all the negotiations would remain verbal unless they want to risk a recruiting violation.

 

[DougVol]

Obviously, we're hoping that we can pull some upsets and get some prospects to flip. I'm wondering if prospects who get NIL deals before signing (the Bama QB commit for example) will be tied down by NIL contracts before they ever sign a letter of intent with a school. I have not seen a template for an NIL deal with a prospect. As a person who has drafted and reviewed many contracts, I am sure that lawyers have thought about what happens to your NIL deal if a prospect decommits or if the school withdraws the offer before ESD/NSD. This would have to be a particular concern with local and regional brands. Some of the regulars in this forum seem to be on the ground. Anyone heard about how this will be handled?

Don’t know. But I’m sure it’s going to eff up college football as we know it.

 

[mickeyvol]

Which is why I believe that the schools will use this point as an incentive. Partnering to allow student athletes to use the school logos/colors would net a bigger take for the athlete IMO. I think that as long as the promotion doesn't violate the schools current deals, and isn't something the school didn't want to be associated with, it should be permitted to wear the schools gear/logo.

IIRC...I don't believe a player can wear or use team logos or facilities.

 

[volsfan_17]

IIRC...I don't believe a player can wear or use team logos or facilities.

Correct, that's why I think you'll see schools use it as incentive.

 

[BondJamesBond]

I haven’t. I would rather any college player not be eligible until after their freshman year for the NIL. They could be a bust, not play or anything. There should be major stipulations regarding this.

I think it is the responsibility of the contracting business to evaluate that risk before they sign the contract with the player. But beyond that, once you stipulate that a player had the right to market his own NIL, I don't see how you can restrict that right based on their class, talent, GPA, or anything else.

Of course I'm no judge and I know the powers that be can pretty much do what they want.