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Florida NIL Mess

The thing I don’t understand is the return on investment for these high school QB’s. History says that a significant portion of these blue chip recruits aren’t going to pan out, yet teams are willing to pay out millions of dollars for them with no guarantee they’ll ever contribute? Wouldn’t these mega NIL deals for QBs be better focused on proven commodities in the portal?
LOL, these are not investments. They are gifts to help their favorite college football teams. If you want to get philosophically nuanced, then I guess you could argue it's an investment in future football happiness.
 
Thatll be the curb. I’d tell kids they could transfer (once).

I think it should be If you don’t get picked up, then your school does not have to take you back…..if say for example you was in the portal we needed your position we went out and replaced you instead of feeling held hostage by you and then it was all just a attention seek and you never were actually leaving then sorry bud. We filled your scholarship.
That has always been the rule. Once you enter the portal your scholarship is no longer guaranteed.
 
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Time for the real NCAA (i.e., the college presidents) to say "enough is enough" and redefine college athletic eligibility rules starting with no FR eligibility in football and especially in basketball. Year to year follow on eligibility should be based on academics.

Peace
...and women should be pregnant and in the kitchen or at least cleaning. Get off my lawn!!
 
No idea, just repeating what I read, but could have been a loan.
Right, but if it’s an advance on Rashada’s NIL agreement with Miami, then Rashada should be able to simply fulfill the NIL activities he agreed to in the Miami deal and still receive the amount they agreed to even if he attended another school.

If Miami boosters cancelled the NIL deal because Rashada didn’t commit to Miami, then that means their NIL deal was conditioned on Rashada playing at Miami. This also means that the Miami NIL deal violates Florida state law.

Miami could sue Rashada to try to get the money back, but that part of the NIL deal should be unenforceable in court based on Florida’s state law.

That’s why I was asking. I’m not sure why anything would have to be paid back. Even if the Miami boosters tried to get their money back, I would assume they’re out of luck.
 
If this is true, where is the NCAA on this?

I thought it was illegal to sign recruits based on NIL payment?
 
If this is true, where is the NCAA on this?

I thought it was illegal to sign recruits based on NIL payment?
I wouldn’t be shocked if Florida decides to grant Rashada the release from his NLI for that very reason.
 
Why would Florida, or Rashada for that matter, have to repay anything?
Breech of contract. Non-performance of contracted duties to Miami collective.

Of course this is all theoretical! I don't know if there will be a lawsuit for that or against Florida collective for the $13M. But lawsuits are bound to happen with NIL somewhere, lots of fast money by shady folks being thrown at high school kids.

Rashada has filed paper work with NCAA to get out of his scholly with FL. Leaves them with Mertz and Miller at QB. They would like to have Howard from LSU but what would Mertz think of that?
Mertz would think "damn, I used my 1 portal transfer here, can't leave and go anywhere else". He's locked in, can't bail if they bring in Brian Kelly's dance partner.
 
I can't wait for some of these ridiculous mercenaries to make bank and then suck on the field. We should start seeing it soon.

This kid is prime to be a big letdown. The sport needs this to happen often and soon.
I would expect this very soon and this is one reason why I’ve not been too concerned by all of the big NIL figures thrown around.

To me, the NIL situation seems like when a dam bursts. Immediately after the dam fails, you have a huge wall of water that rushes down the river causing damage. But once that wall of water passes, the flow of water through the river ends up being close to the flow when the dam was still there, it’s simply less controlled. Then it’s just a matter of cleaning up the mess from the torrent that came though.

The current NIL environment is the college athletics’ version of irrational exuberance. I suspect that we’ll eventually see things calm down a bit, and having boosters get burned a few times will help with that.
 
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Breech of contract. Non-performance of contracted duties to Miami collective.

Of course this is all theoretical! I don't know if there will be a lawsuit for that or against Florida collective for the $13M. But lawsuits are bound to happen with NIL somewhere, lots of fast money by shady folks being thrown at high school kids.


Mertz would think "damn, I used my 1 portal transfer here, can't leave and go anywhere else". He's locked in, can't bail if they bring in Brian Kelly's dance partner.
I mentioned this in my reply above, so you may have missed it.

On the breach of contract piece, if his NIL deal was conditioned on him playing for Miami, then that should be unenforceable in court. Florida state law prohibits that, so there should be no need for him to pay anything back.
 
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Breech of contract. Non-performance of contracted duties to Miami collective.

Of course this is all theoretical! I don't know if there will be a lawsuit for that or against Florida collective for the $13M. But lawsuits are bound to happen with NIL somewhere, lots of fast money by shady folks being thrown at high school kids.


Mertz would think "damn, I used my 1 portal transfer here, can't leave and go anywhere else". He's locked in, can't bail if they bring in Brian Kelly's dance partner.
I wondered if there was any legal way Mertz could get out of it. He may prove me wrong, but so far Napier does not look that great to me.
 
Collectives aren't stupid, language is put in not requiring attendance at a college. Rashada signed a contract that he would move to and live in the city/county of Miami Florida beginning January 2023. Just like Niko's NIL contract requires him to live in Knoxville TN - but says nothing about where he goes to college.

And breaking news: QB Howard from LSU picks Ole Miss. Florida & Napier still in the lurch.
 
Collectives aren't stupid, language is put in not requiring attendance at a college. Rashada signed a contract that he would move to and live in the city/county of Miami Florida beginning January 2023. Just like Niko's NIL contract requires him to live in Knoxville TN - but says nothing about where he goes to college.

And breaking news: QB Howard from LSU picks Ole Miss. Florida & Napier still in the lurch.
Attempting to skirt Florida law by mandating where Rashada lives is also likely not to hold up in court. For starters, judges aren’t stupid and will see this for what it is.

More importantly, Rashada is contracting with the collective to perform certain activities in exchange for money. As long as Rashada is willing to travel and able to perform his duties, then that’s what matters. The collective can’t mandate where an independent contractor chooses to reside permanently. They can only expect him to perform the activities he agreed to perform.
 
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Oh, I know something more messy and more of a problem than not running a sharp collective operation........

having no operation at all, or one that is 18 months behind everyone else, thanks to the AD & thanks to the rights holding company
 
Why doesn’t the NCAA just require the kids to sell their NIL to the university for a minimum of 3 years much like a GoR in the TV contracts. I don’t think that would make them an employee if the university is just acquiring their rights.

It would still be highest bidder but at least it would get rid of collectives. It could all be tracked and the university could actually help these kids with the taxes so they don’t get screwed.

It would also put pressure on the university to justify the money going to these kids instead of actually improving academics.
 
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If we are going to start paying 13 million dollars to play college football, then these universities should be barred from using taxpayer money for scholarships. You wanted a minor league team, so be it. But don’t expect the general public to help pay the salaries of your roster.
 
Why doesn’t the NCAA just require the kids to sell their NIL to the university for a minimum of 3 years much like a GoR in the TV contracts. I don’t think that would make them an employee if the university is just acquiring their rights.

It would still be highest bidder but at least it would get rid of collectives. It could all be tracked and the university could actually help these kids with the taxes so they don’t get screwed.

It would also put pressure on the university to justify the money going to these kids instead of actually improving academics.
You just reinvented fascism. Congratulations!
 
You just reinvented fascism. Congratulations!
The kids could still get as much as they want and even renegotiate if needed. It would just be a way to actually protect this kids from scummy barely put together “collectives” that don’t know what they are doing.
 
The kids could still get as much as they want and even renegotiate if needed. It would just be a way to actually protect this kids from scummy barely put together “collectives” that don’t know what they are doing.
I understand the ends, they are noble, but quasi and governmental entities forcing teenagers into lengthy contracts would never hold up in court. I'm sure if the government forced you into a 3 year agreement just "for your own protection," you'd be fine with it. Lol.
 
I would expect this very soon and this is one reason why I’ve not been too concerned by all of the big NIL figures thrown around.

To me, the NIL situation seems like when a dam bursts. Immediately after the dam fails, you have a huge wall of water that rushes down the river causing damage. But once that wall of water passes, the flow of water through the river ends up being close to the flow when the dam was still there, it’s simply less controlled. Then it’s just a matter of cleaning up the mess from the torrent that came though.

The current NIL environment is the college athletics’ version of irrational exuberance. I suspect that we’ll eventually see things calm down a bit, and having boosters get burned a few times will help with that.
Yep, and nice Greenspan reference.
 
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Some are losing sight of the forest for all the trees! NIL isn't supposed to be pay for play, 'student-athletes' are not employees so schools can't pay them for playing!

NIL was supposed to let kids on their own go our & get paid for signing autographs, for social media promotions.

But then Texas a&m 2022 recruiting class happened. they started the ball rolling of promising high school kids NIL deals if they sign at their school. It was the #1 highest rated class of all time - is it so ludicrous now that promising $25 million over 4 yrs for the best class ever? For over 25 guys? At the time everyone said "that's crazy!!!". Now? Nico by himself earns $8M over 4 yrs.

The horse is out of the barn. Ncaa can't stop this. Congress & the White House are too incompetent to fix it for them. Hell fire those idiots would take a bad situation and make it worst!!

This is the hand we are dealt with. Hopefully UK is being smart, but is also taking off the breaks and blinders Mitch insisted on.
 
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These numbers are outrageous. But you know what, the bigger the numbers get the faster this whole thing implodes and then we can get back to some semblance of normalcy with regard to recruiting and what these guys should be getting paid. Don't get me wrong, I wouldn't mind being on the receiving end of some of that cash and don't blame the players for taking it if it's there. But there's no way this is sustainable.
 
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The collective can’t mandate where an independent contractor chooses to reside permanently. They can only expect him to perform the activities he agreed to perform.
Hmmmm.

Courts generally uphold any legal activity required in a contract. If there is contract language to that effect, why would that be unenforceable?

You are likely correct that a Court would have a hard look at a contract defining where “a contractor resided permanently,” but four years is far short of permanence, and well within the range of time periods enforced by Courts in “Non-Compete” and other contractual cases.

I suspect these NIL deals, if well-drafted, simply give the “purchaser” a monthly, quarterly, bi-annual or annual choice
(option) to “re-purchase” at the same rate, or not to do so, at the purcasher’s sole discretion.

You don’t have to specify where they live, or who they play for. Players will still sign lucrative deals, even with frequent or severe options limiting payment, as any 18 year old on this level thinks he is “three-and-done” and headed to the NFL like a shot from a cannon.

And such an option would not have to define why the payor might choose to opt out.
 
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Hmmmm.

Courts generally uphold any legal activity required in a contract. If there is contract language to that effect, why would that be unenforceable?

You are likely correct that a Court would have a hard look at a contract defining where “a contractor resided permanently,” but four years is far short of permanence, and well within the range of time periods enforced by Courts in “Non-Compete” and other contractual cases.

I suspect these NIL deals, if well-drafted, simply give the “purchaser” a monthly, quarterly, bi-annual or annual choice
(option) to “re-purchase” at the same rate, or not to do so, at the purcasher’s sole discretion.

You don’t have to specify where they live, or who they play for. Players will still sign lucrative deals, even with frequent or severe options limiting payment, as any 18 year old on this level thinks he is “three-and-done” and headed to the NFL like a shot from a cannon.

And such an option would not have to define why the payor might choose to opt out.
We’ll have to agree to disagree on whether 4 years is reasonable. I’ve personally never heard of a 4 year non-compete holding up. Perhaps a 2 year clause, but even that might be pushing it.

But my point is simply this - requiring a student athlete to move in an NIL deal is, in effect, an inducement to attend a specific school which violates Florida state law.

Let’s use Hendon Hooker’s collective deal as an example. His deal mandated 10 personal appearances and a number of signed autographs over a period of 12 months. So Hooker’s NIL activities over the course of a year probably amounted to less than 40 hours of work in total.

There’s absolutely no reasonable rationale why someone would need to relocate in order to perform less than 40 hours of work per year. The only reason to include that type of clause is because you’re offering what is in truth a recruiting inducement and simply want to avoid calling it that. The fact that Florida has a specific law prohibiting that exact type of arrangement is problematic.

That’s why I was also skeptical about the repayment piece in the first place. I have a hard time believing someone would actually put that into a contract’s terms. And even if a collective did attempt that, I have a hard time imagining that any competent attorney would allow their student athlete client to agree to that.
 
Right, but if it’s an advance on Rashada’s NIL agreement with Miami, then Rashada should be able to simply fulfill the NIL activities he agreed to in the Miami deal and still receive the amount they agreed to even if he attended another school.

If Miami boosters cancelled the NIL deal because Rashada didn’t commit to Miami, then that means their NIL deal was conditioned on Rashada playing at Miami. This also means that the Miami NIL deal violates Florida state law.

Miami could sue Rashada to try to get the money back, but that part of the NIL deal should be unenforceable in court based on Florida’s state law.

That’s why I was asking. I’m not sure why anything would have to be paid back. Even if the Miami boosters tried to get their money back, I would assume they’re out of luck.
Which states laws would apply here? He's from Cali, right?
 
Which states laws would apply here? He's from Cali, right?
I would assume that any contract they signed would include a choice of law clause specifying the agreement would be governed by Florida law based on:
  • the location of John Ruiz
  • the location where NIL activities would occur
  • the fact that Ruiz would potentially be contracting with prospective student athletes from multiple different states
  • etc.
But that’s just my assumption.
 
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