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Player Contracts?

Posted on 12/16/23 at 11:56 am
Posted by War Eagle 777
Georgia
Member since Nov 2010
216 posts
Posted on 12/16/23 at 11:56 am
Seeing more people calling for player contracts to stop the players from entering portal yearly to up their money. I see a few problems with this: (1) the same folks who negotiate coaches contracts would be doing player contracts and we have seen how that works out (2) would there be performance standards in the contracts and if so what? (3) could you terminate for good cause and what would good cause be? (4) it would put a premium on transfers who have proven themselves at college level vs High school kids who may not pan out.
Posted by AUX3
Member since Dec 2010
3452 posts
Posted on 12/16/23 at 12:04 pm to
Up to each school, as of now it’s a free market
Posted by sbr2
Member since Apr 2011
15016 posts
Posted on 12/16/23 at 12:39 pm to
Unless something innovative comes along, I think contracts are the going to be the immediate (not best) option taken.
Posted by ALhunter
Member since Dec 2018
2953 posts
Posted on 12/16/23 at 1:07 pm to
quote:

Seeing more people calling for player contracts to stop the players from entering portal yearly to up their money. I see a few problems with this: (1) the same folks who negotiate coaches contracts would be doing player contracts and we have seen how that works out (2) would there be performance standards in the contracts and if so what? (3) could you terminate for good cause and what would good cause be? (4) it would put a premium on transfers who have proven themselves at college level vs High school kids who may not pan out.
The player contracts are for name, image, and likeness... not playing. Generally speaking, non-competes must be very narrowly tailored and the person signing and must receive compensation. What would the non-compete say? That the player can't accept an NIL deal from another group?

If the colleges themselves try to do it, now you're admitting these are professionals, which is an entirely different can of worms and comes with all of those problems like collective bargaining, revenue sharing, benefits, etc. without even getting into the antitrust issues.

Genie is out of the bottle now.
This post was edited on 12/16/23 at 1:08 pm
Posted by bluedragon
Birmingham
Member since May 2020
6589 posts
Posted on 12/16/23 at 4:07 pm to
When Campbell makes their deal, there is a contract signed that spells out exactly what is required.

The best model is supposedly Miami. The firm stays current with the athletes and calls them in when they fall short of expectations.
Posted by 88TIger
Member since Nov 2012
2077 posts
Posted on 12/16/23 at 6:54 pm to
You can have a contract from the NIL to state that you have to stay in a certain school for say 2 years. If the player hops in the portal then the contract can stipulate that they have to pay back a certain portion for not living up to the contract. You can handle these folks that are asking for more money can be handled by this stay time. That way after 2 years if they aren't measuring up you can cut them from NIL. Basically they are now independent contractors with benefits.
Posted by tigerterrace
Mobile, Alabama
Member since Sep 2016
3398 posts
Posted on 12/17/23 at 3:28 pm to
I think basically what you are saying is that you structure the deal to make the NIL payable per year.

If they transfer then obviously they do not get that year's payment.

Posted by 88TIger
Member since Nov 2012
2077 posts
Posted on 12/18/23 at 12:02 pm to
quote:

NIL payable per year.

No multi year because you don't want them to jump in the portal to get more money every year. So contractually structure it so you stay you get paid. You jump in the portal you have to pay a percentage back.
Posted by Rabern57
Alabama
Member since Jan 2010
13364 posts
Posted on 12/18/23 at 2:55 pm to
If players don't want to do contracts then some schools will not make players sign one, to get them there, and it will force the rest to not do them.

It's only a matter of time before players have agents starting in HS.
Posted by ALhunter
Member since Dec 2018
2953 posts
Posted on 12/19/23 at 10:29 am to
quote:

If players don't want to do contracts then some schools will not make players sign one, to get them there, and it will force the rest to not do them.
This - to be competitive with a clawback clause, your NIL numbers are going to need to be materially higher than other schools.

Also, you're talking about trying to claw back from a kid who is likely spending a significant chunk of the money. You're realistically going to try to go enforce clawbacks in court... going to go after the house he buys his mom, his car? You think recruiting will ever recover if it's on ESPN that Auburn is taking a kid to court that transfers?

The best bet may be NIL deals to be structured with buyouts kind of like coaches contracts are. That star QB can transfer but the new school is going to owe the old one some money. This may still get into some hairy situations and is probably jurisdiction dependent.
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