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re: NIL nontransfer clauses are null and void
Posted on 1/7/26 at 2:01 pm to ColoradoAg
Posted on 1/7/26 at 2:01 pm to ColoradoAg
[quote]Lawsuit is coming. You now have kids with an NIL deal bailing for something else. It is pretty simple. You sign, you play. No second-guessing once signed.
It is like a coaching contract. If a school wants another school's coach there is a buyout that has to be paid. This isn't brain surgery, and these kids are most assuredly not brain surgeons. Most of these kids probably cannot legitimately academically qualify for a University[/quote] Academics was kicked to the curb with the wide-open portal years ago. We never hear about any "academic casualties" relative to a player's eligibility at game time. No one's getting benched because he didn't pass a class.
It is like a coaching contract. If a school wants another school's coach there is a buyout that has to be paid. This isn't brain surgery, and these kids are most assuredly not brain surgeons. Most of these kids probably cannot legitimately academically qualify for a University[/quote] Academics was kicked to the curb with the wide-open portal years ago. We never hear about any "academic casualties" relative to a player's eligibility at game time. No one's getting benched because he didn't pass a class.
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Posted on 1/7/26 at 2:08 pm to stitchop
quote:
From NCAA (on portal),
Posted on 1/7/26 at 2:09 pm to stitchop
Make your NIL deal so that the player is being paid for a weekly in-person live interview at the team's facility.
Posted on 1/7/26 at 2:19 pm to stitchop
I liked this thread better when it was "nun and void".
Maybe it reminded me of my Catholic school upbringing.
Maybe it reminded me of my Catholic school upbringing.
Posted on 1/7/26 at 2:26 pm to 03 West CoChamps
Binding if the student is there playing for that school who is sharing their revenue. Not binding if the student isn’t at that school anymore.
Posted on 1/7/26 at 2:48 pm to pgaddxn
quote:
Binding
No
The provision or clause that prevents a player from transferring is absolutely not valid.
The right to transfer has already been settled in court rulings and settlements.
A contract cannot prevent an athlete from transferring
Posted on 1/7/26 at 2:54 pm to ouflak
quote:
but I'm pretty sure the first lawsuit against any transfer limitations will likely obliterate this concept. But let's just wait and see. That lawsuit is probably right around the corner....
Well it's pretty much here. UGA (or a UGA collective) sued Damon Wilson, who transferred to Mizzou shortly after inking an NIL deal that was to pay him $500k in monthly installments. He was paid $30k before he broke the contract. The contract called for liquidated damages for non-performance (i.e. transferring to another school). UGA is seeking $390k in liquidated damages (not sure of the math in arriving at the $390k). He is countersuing.
I wrote in another thread that I spent a career counseling executives on employment agreements. While the NIL contracts are not employment contracts, I expect the end result will be similar to most I've seen. Payback any unearned compensation and forgo any future payments. My guess, he'll be held liable to pay back $30k and won't have to pay the liquidated damages portion.
Of note, he's in the portal again.
Posted on 1/7/26 at 2:58 pm to stitchop
Let me rephrase, it’s binding for the School to pay him while he is still there playing for them. Not binding for anyone if he is somewhere else.
Posted on 1/7/26 at 2:58 pm to stitchop
I think even given your experience you’d probably agree this is going to need to be tested in court.
That parts of the contract are enforceable and some by your comments are not (I’d tend to agree although I’d go with “may not”) indicates there’s going to be conflict.
If I was Washington I’d be using this as leverage to get something back out of it
That parts of the contract are enforceable and some by your comments are not (I’d tend to agree although I’d go with “may not”) indicates there’s going to be conflict.
If I was Washington I’d be using this as leverage to get something back out of it
Posted on 1/7/26 at 3:14 pm to llfshoals
Some parts may be enforceable, probability is low.
Having read the agreement, it seems that most of the agreement centered around making it difficult for the athletes to transfer or play for another university.
This is the reason Washington is in trouble here. Almost every clause is worded to prevent leaving, or making it costly to leave, these provisions absolutely violate the house settlement and the court rulings on NIL and transfers
Having read the agreement, it seems that most of the agreement centered around making it difficult for the athletes to transfer or play for another university.
This is the reason Washington is in trouble here. Almost every clause is worded to prevent leaving, or making it costly to leave, these provisions absolutely violate the house settlement and the court rulings on NIL and transfers
Posted on 1/7/26 at 3:27 pm to stitchop
quote:Even so, can they drag this out, or get LSU if that’s where he ends up have to pay a price to forego.
Almost every clause is worded to prevent leaving, or making it costly to leave, these provisions absolutely violate the house settlement and the court rulings on NIL and transfers
Posted on 1/7/26 at 3:29 pm to llfshoals
quote:
Even so, can they drag this out, or get LSU if that’s where he ends up have to pay a price to forego.
in basically every case like this I'm aware of (at least in the last few years), they've been granted an injunction and have been allowed to play immediately while the case plays itself out in court.
This post was edited on 1/7/26 at 3:30 pm
Posted on 1/7/26 at 3:54 pm to JacieNY
quote:
Trying to contractually lock players down would violate the intent but can players be held financially liable witn a contact paying them be for a set time which if cut short result in having to pay back for services not rendered?
Absolutely. But only if they can prove damages. In the case of Demond Williams, if he ends up leaving, what damages can UW prove given the contract was days old when he opted to enter the portal (before UW withholding his paperwork, which could result in a counter suit based on NCAA guidelines).
Posted on 1/7/26 at 5:10 pm to stitchop
Nobody said the kid cannot transfer. He's just going to have to pay a penalty to void his current contract. That is how the world works
Posted on 1/7/26 at 5:18 pm to OccamsStubble
quote:
Get in the playoffs Learn who they are playing Buy key players off the opposing team to ensure you win/they lose Players should be free to transfer, after all.
If you think you are going to be a playoff contender, why would you not put extra focus on pulling players from other teams you think may be there at the end? It is a win/win. You improve, you make your competitor worse.
And that is a problem.
Why couldn’t a wealthy alum decide to donate $10 million just for taking players from a team they think they might match up with in the postseason.
I will get downvoted, but that is one reason everyone swarmed on Alabama when Saban retired. It was a two for one, upgrade your team, try to cripple another team.
College football is fricked up.
This post was edited on 1/7/26 at 5:20 pm
Posted on 1/7/26 at 6:13 pm to stitchop
Schools can apply to clawback for NIL payments. Walter Nolen found that out. After portaling to OM he said hevwished he had read his NIL contract he signed with Aggies. LOL
Posted on 1/8/26 at 1:22 am to ColoradoAg
quote:
Nobody said the kid cannot transfer. He's just going to have to pay a penalty to void his current contract. That is how the world works
Indentured servitude was never legal in the United States. (Ironic, because slavery actually was!). This was part of our founding precepts to separate ourselves from the British Empire at the time.
Posted on 1/8/26 at 5:10 am to ColoradoAg
quote:
pay a penalty to void his current contrac
That's not what the current law states.
The absolutely cannot enforce a penalty for leaving.
They may be able to recover funds paid for future obligations the athlete doesn't meet, only if those funds are paid for specific obligations, which is itself close to violating the law, but any penalty for leaving is certainly not legal
Posted on 1/8/26 at 7:33 am to stitchop
I think they should be allowed to get in the portal any time they want. Like hop in it after a game that they get pissed off because they were benched. Move to another school. Be playing for new school next week. I want it to be so dysfunctional that it blows completely up and then collective bargaining can be implemented and some sort of order put in place.
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