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If I were a U.K. Football Recruiter, Some Protective Measures for NIL Problems.

The-Hack

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Oct 1, 2016
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I’m assuming that U.K. and all schools could alter their scholarship contracts on an individual basis. We all know that “scholarships are one-year-deals.” We get reminded of that every time we cut a player.

Part of the reason the Transfer Portal seems so much like the Wild West is that all schools have one-year, annually renewable scholarship agreements with players. Hence, neither the player nor the school has any responsibility or leverage passed one year.

So, maybe, especially with “skill” position players, we make a few of the scholly spots two or three year deals. Say you are after a solid three-star prospect at WR, but you have a gut feeling this guy will blow up by his second season. If he signs a three year Scholly deal with U.K., and blows up entering his third year, aTm’s NIL folk could come and outbid UK’s NIL team for his last college season.

But, if you have a three-year scholarship contract equally binding between the player and the school, the school could sue aTm’s NIL compan(ies) for “third-party-interference” with the original three year contract, if they come to pick off a player for his third season. Further, if you have a three year contract, the player would have legal responsibility if he ignored his final year, and breaches the contract for his third season.

Further, for players that are just below serious NIL money coming out of High School, the NIL folk could offer a modest three year package, too . . . maybe 10G a year for three years in Blue. If that player then became a major NIL bidding target during his first three seasons, both U.K. and the NIL folks could threaten big dollar suitors trying to steal him for his third season with “third party interference with contract,” litigation.

Obviously, creating scholarships with three year guarantees puts all the more pressure on talent evaluations from the get-go. And you might end up with a disgruntled third year player who would have to settle with whatever money the original school’s NIL team could come up with.

Still, given that scholarships are financial contracts, and given that contracts can be formed for three successive years (or more), why not sign those just below the perceived level of serious NIL money from the beginning to three year deals, hoping to control the player for that third year?

Obviously, very few players would be willing to sign four year deals, as every kid thinks they are NFL bound in three years.
 
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I am afraid there are no easy answers or solutions for a free agency system. Colleges are at the mercy of the players and their handlers. The way things are headed, colleges will become a less talented NFL. And many programs will fall by the wayside or just become non scholarship club teams.

I guess we can be thankful attorneys now have a new path for additional clients and litigation potential. Each players most important consultant will be a sports attorney rather than a classroom tutor.
 
Don't overthink this, or create worries for yourself. Listen to Vince Marrow. Programs like UK dont worry about good players on our roster being recruited away or bought. We take good care of our own.

That is a worry for UL level programs, not us
 
Is it even legal under the NCAA to make multi-year, binding scholarship situations?
Given the full implications of the SCOTUS NIL opinion, I’m not sure the NCAA could prevent three year deals.

If 18 year olds have full ability to enter contracts for their name, image and likeness, they should have a right to sign a three year obligation instead of a one year obligation.
 
We take good care of our own.
I would say this year’s haul, along with last year’s, will tell the tale. We did OK the first year of NIL,’finishing 13th, so maybe we are not the program that needs to worry.
 
I'm personally just not keeping up with this stuff. It's going to kill my enjoyment of the game. I don't care if someone's getting paid, make it happen. Just too much offseason stuff with all this between football and basketball. Baseball seems to offer a more steady approach. I have faith we'll do whatever we have to in order to be competitive. But I pretty much tune all of this NIL stuff out. Let me know when kick off/first pitch/tipoff is is my attitude.
 
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They need to change the immediate eligibility transfer rule back with no ability to get a waiver. That would really slow this free agent market down big time.
 
I’m assuming that U.K. and all schools could alter their scholarship contracts on an individual basis. We all know that “scholarships are one-year-deals.” We get reminded of that every time we cut a player.

Part of the reason the Transfer Portal seems so much like the Wild West is that all schools have one-year, annually renewable scholarship agreements with players. Hence, neither the player nor the school has any responsibility or leverage passed one year.

So, maybe, especially with “skill” position players, we make a few of the scholly spots two or three year deals. Say you are after a solid three-star prospect at WR, but you have a gut feeling this guy will blow up by his second season. If he signs a three year Scholly deal with U.K., and blows up entering his third year, aTm’s NIL folk could come and outbid UK’s NIL team for his last college season.

But, if you have a three-year scholarship contract equally binding between the player and the school, the school could sue aTm’s NIL compan(ies) for “third-party-interference” with the original three year contract, if they come to pick off a player for his third season. Further, if you have a three year contract, the player would have legal responsibility if he ignored his final year, and breaches the contract for his third season.

Further, for players that are just below serious NIL money coming out of High School, the NIL folk could offer a modest three year package, too . . . maybe 10G a year for three years in Blue. If that player then became a major NIL bidding target during his first three seasons, both U.K. and the NIL folks could threaten big dollar suitors trying to steal him for his third season with “third party interference with contract,” litigation.

Obviously, creating scholarships with three year guarantees puts all the more pressure on talent evaluations from the get-go. And you might end up with a disgruntled third year player who would have to settle with whatever money the original school’s NIL team could come up with.

Still, given that scholarships are financial contracts, and given that contracts can be formed for three successive years (or more), why not sign those just below the perceived level of serious NIL money from the beginning to three year deals, hoping to control the player for that third year?

Obviously, very few players would be willing to sign four year deals, as every kid thinks they are NFL bound in three years.

Hack maybe you replied and I missed it, but on the line of a multi year scholarship/contract. I am assuming you are a lawyer, would it be legal to put all their NIL money in escrow, if he leaves after 1 year, he leaves 75% of his funds, if after 2 he leaves 50% after 3 if a transfer he leaves 25% if off to the NFL he gets it all. Would that be legal alternative to what we have today? Yes coaches can change jobs, but it isn't free, someone has to pay a buyout. Wouldn't this put them on the same level as coaches with the same freedom to leave, but costing them cash.
 
Sounds like the theft by unlawful taking to me.

There are two “sets” of contracts: player to school: player to advertiser.

You can’t simply steal money and escrow it.

Yeah I guess never looked at it as stealing, but a buyout or the cost of leaving. Thanks for the answer.
 
I’m assuming that U.K. and all schools could alter their scholarship contracts on an individual basis. We all know that “scholarships are one-year-deals.” We get reminded of that every time we cut a player.

Part of the reason the Transfer Portal seems so much like the Wild West is that all schools have one-year, annually renewable scholarship agreements with players. Hence, neither the player nor the school has any responsibility or leverage passed one year.

So, maybe, especially with “skill” position players, we make a few of the scholly spots two or three year deals. Say you are after a solid three-star prospect at WR, but you have a gut feeling this guy will blow up by his second season. If he signs a three year Scholly deal with U.K., and blows up entering his third year, aTm’s NIL folk could come and outbid UK’s NIL team for his last college season.

But, if you have a three-year scholarship contract equally binding between the player and the school, the school could sue aTm’s NIL compan(ies) for “third-party-interference” with the original three year contract, if they come to pick off a player for his third season. Further, if you have a three year contract, the player would have legal responsibility if he ignored his final year, and breaches the contract for his third season.

Further, for players that are just below serious NIL money coming out of High School, the NIL folk could offer a modest three year package, too . . . maybe 10G a year for three years in Blue. If that player then became a major NIL bidding target during his first three seasons, both U.K. and the NIL folks could threaten big dollar suitors trying to steal him for his third season with “third party interference with contract,” litigation.

Obviously, creating scholarships with three year guarantees puts all the more pressure on talent evaluations from the get-go. And you might end up with a disgruntled third year player who would have to settle with whatever money the original school’s NIL team could come up with.

Still, given that scholarships are financial contracts, and given that contracts can be formed for three successive years (or more), why not sign those just below the perceived level of serious NIL money from the beginning to three year deals, hoping to control the player for that third year?

Obviously, very few players would be willing to sign four year deals, as every kid thinks they are NFL bound in three years.
I love your passion Hack, truly do. Like me, I’m glad you aren’t the coach or recruiter. Enjoy the sunshine of our football program. I sure am.
 
I’m assuming that U.K. and all schools could alter their scholarship contracts on an individual basis. We all know that “scholarships are one-year-deals.” We get reminded of that every time we cut a player.

Part of the reason the Transfer Portal seems so much like the Wild West is that all schools have one-year, annually renewable scholarship agreements with players. Hence, neither the player nor the school has any responsibility or leverage passed one year.

So, maybe, especially with “skill” position players, we make a few of the scholly spots two or three year deals. Say you are after a solid three-star prospect at WR, but you have a gut feeling this guy will blow up by his second season. If he signs a three year Scholly deal with U.K., and blows up entering his third year, aTm’s NIL folk could come and outbid UK’s NIL team for his last college season.

But, if you have a three-year scholarship contract equally binding between the player and the school, the school could sue aTm’s NIL compan(ies) for “third-party-interference” with the original three year contract, if they come to pick off a player for his third season. Further, if you have a three year contract, the player would have legal responsibility if he ignored his final year, and breaches the contract for his third season.

Further, for players that are just below serious NIL money coming out of High School, the NIL folk could offer a modest three year package, too . . . maybe 10G a year for three years in Blue. If that player then became a major NIL bidding target during his first three seasons, both U.K. and the NIL folks could threaten big dollar suitors trying to steal him for his third season with “third party interference with contract,” litigation.

Obviously, creating scholarships with three year guarantees puts all the more pressure on talent evaluations from the get-go. And you might end up with a disgruntled third year player who would have to settle with whatever money the original school’s NIL team could come up with.

Still, given that scholarships are financial contracts, and given that contracts can be formed for three successive years (or more), why not sign those just below the perceived level of serious NIL money from the beginning to three year deals, hoping to control the player for that third year?

Obviously, very few players would be willing to sign four year deals, as every kid thinks they are NFL bound in three years.
Have a buyout provision that allows rich teams to attempt to negotiate a transfer, not unlike professional soccer. If AtM wants to pay us a $1mm buyout, then we can take that and turn that into several other players. In this scenario, our plus HS talent evaluation pays off.
 
Given the full implications of the SCOTUS NIL opinion, I’m not sure the NCAA could prevent three year deals.

If 18 year olds have full ability to enter contracts for their name, image and likeness, they should have a right to sign a three year obligation instead of a one year obligation.
I suspect the NiL contracts could be written with a residential stipulation. You must remain in/around Lexington for the duration. That contract language would mean breach of contract if they transferred to another school.
 
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Like me, I’m glad you aren’t the coach or recruiter. Enjoy the sunshine of our football program. I sure am.
I’m enjoying it to the max, and am glad not to be coaching or recruiting.

I attended all games in 2021, a first for me.

It is pretty amazing where we find ourselves in Stoops’ 10th season.
 
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