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Athletes can be sued for breach of contract if he/she transfers after taking NIL money
Posted on 4/17/24 at 12:05 pm
Posted on 4/17/24 at 12:05 pm
Just read an article on On3 and it's clear players can be sued by companies/collectives, if they don't fulfill their obligations outlined in the agreement. The reality of the situation, however, is most companies/collectives won't sue and will just take the loss because it's not good for business.
The article pointed out that taking athletes to court could severely damage the chances of that particular school landing future top players when that company/collective has taken previous players to court. Coaches also know that many of the top players are good friends and communicate with each other a lot.
It's clear college football is a complete mess and it's only going to get worse, but the NCAA has no one to blame, but itself. For years, the NCAA was well aware that all the big colleges were paying players under the table, and instead of dealing with it and handing out heavy penalties/sanctions, the NCAA chose to look the other way and here we are now. I equate this to baseball burying its head in the sand when they were well aware all the stars were juicing, but everybody was making big money, so let's just act like we're dumb.
I know some of you will say the NCAA had no choice because the courts ruled against them, and I get that. However, had the NCAA dealt with the problem head on 30 years, there's a good chance we would be going down a different path today. The reality is college football today has absolutely nothing to do with college and everything to do with making money and winning at any cost. IMO, I really don't know why the NCAA is still existing because the NCAA now answers to the schools, not the other way around!
The article pointed out that taking athletes to court could severely damage the chances of that particular school landing future top players when that company/collective has taken previous players to court. Coaches also know that many of the top players are good friends and communicate with each other a lot.
It's clear college football is a complete mess and it's only going to get worse, but the NCAA has no one to blame, but itself. For years, the NCAA was well aware that all the big colleges were paying players under the table, and instead of dealing with it and handing out heavy penalties/sanctions, the NCAA chose to look the other way and here we are now. I equate this to baseball burying its head in the sand when they were well aware all the stars were juicing, but everybody was making big money, so let's just act like we're dumb.
I know some of you will say the NCAA had no choice because the courts ruled against them, and I get that. However, had the NCAA dealt with the problem head on 30 years, there's a good chance we would be going down a different path today. The reality is college football today has absolutely nothing to do with college and everything to do with making money and winning at any cost. IMO, I really don't know why the NCAA is still existing because the NCAA now answers to the schools, not the other way around!
9
Posted on 4/17/24 at 12:12 pm to SwampyWaters
If the contract they sign stipulates a time frame or a specific school, then sure, they should have to forfeit funds.
Posted on 4/17/24 at 12:15 pm to SwampyWaters
I had a feeling this was always around the corner.
Athletes have been clamoring for years about NIL. But it always seems to be left unsaid that players are using the universities NIL to advance their own personal brands. It’s a two way street and should be treated as such.
Athletes have been clamoring for years about NIL. But it always seems to be left unsaid that players are using the universities NIL to advance their own personal brands. It’s a two way street and should be treated as such.
This post was edited on 4/17/24 at 12:16 pm
Posted on 4/17/24 at 12:24 pm to SwampyWaters
Using escrow accounts for a portion of their contract would make it a bit less likely a kid leaves. Offer the kid 5-10% more at the end of the day if they allow the collective to deposit 50% of their earnings in an interest bearing escrow account that is forfeited if they breach the contract. Once the season is over, the athlete can withdraw it all. Hard to pass up 5-10% more and the athlete can probably go to a bank and borrow against it. Then the bank is on the hook if they don't get paid back.
The collectives need to be a little more inventive if they are not going to sack up and sue these people.
The collectives need to be a little more inventive if they are not going to sack up and sue these people.
Posted on 4/17/24 at 12:35 pm to SwampyWaters
I doub't they are getting paid up front to begin with. When it all became legal, I imagin it didn't take business long to limit their risk. I would think there are morality clauses as well, just like any celebrity endorsment. Also, Some of this is calculated out in cash, but may be a car or truck lease. I'm sure they get the car back.
Posted on 4/17/24 at 12:45 pm to SwampyWaters
quote:
However, had the NCAA dealt with the problem head on 30 years, there's a good chance we would be going down a different path today.
Agree. And who knows, maybe even agreeing to pay a stipend for players equating to peanuts in the big picture (e.g., $5k a semester or something) could have calmed things enough to avoid the present situation?
Posted on 4/17/24 at 1:10 pm to SwampyWaters
The problem will be that some NIL collectives won't have such language in their contracts thus nullifying the impact across the board. You can put about anything you want to in the language of a contract....and both parties can pretty much be held to whatever they agree to....but say Oklahoma has no such language but LSU does...who you gonna sign with?
Posted on 4/17/24 at 2:29 pm to SwampyWaters
quote:
For years, the NCAA was well aware that all the big colleges were paying players under the table, and instead of dealing with it and handing out heavy penalties/sanctions, the NCAA chose to look the other way
Hell naw they didn't. We Bama fans have always said a one year death penalty under Yeagers regime would have been better than what we got. We lost our ability to compete from 2003-07 after the 02 sanctions were handed down. Hell, SMU and Miami have never gotten their programs back. The opposite happened from my eyes. The NCAA went beyond rational penalties. Now, if you want to say starting in 2010 when they let Auburn walk up until the present day, yea, I agree.
Posted on 4/17/24 at 2:47 pm to SwampyWaters
quote:
The article pointed out that taking athletes to court could severely damage the chances of that particular school landing future top players when that company/collective has taken previous players to court.
This is such gutless bullshite. You think a player that's offered a bunch of money by, for instance, Raising Cane's to play at LSU is going to refuse because Cane's sued a player three years ago for not fulfilling his end of the agreement? horseshite. Most players will think, "That guy three years ago was an idiot. Where do I sign?"
Posted on 4/17/24 at 3:40 pm to SwampyWaters
Won’t happen… no body wants to be known as the school that sued a kid.
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