If I am Paul Miller Ford, or Knoxville Mercedes Benz, and I do an NIL deal with Levis or Hendon Hooker, how can I be prevented from requiring they play for the local University?
NIL, at it’s best, is a legitimate sale of the name, image and likeness of someone who can benefit the business and it’s sales. Undoubtedly, the QB whose NIL persistently shows up associated with the most popular State U in the vicinity of the business purchasing the rights is of greater value than a dude that flunks out of school, gets caught with drugs, or simply transfers to Utah State, on short notice.
I have suggested in other threads, purchasers of high dollar NIL rights, at a minimum, should spread payments out over a lengthy (three year) time period, and give themselves frequent options to not renew the contract/payments in the purchaser’s sole discretion. This would legally sidestep any ticklish issues of where a player played, how well they played, etc., and allow the purchaser an easy out for a kid who flunks out or transfers.
But how could either the state governments or NCAA constitutionally limit contracting parties’ obvious and inherent interest in what actually makes the contract worthwhile to the purchaser: endorsement by a player playing for the popular, prominent school?
The fact that Will Levis is known and admired in the market area of Paul Miller Ford is the only business reason Paul Miller Ford would be willing to pay for his NIL.
I understand that “pay-for-play” is frowned upon, but how do you separate that theory from the obvious theory that Paul Miller Ford will not increase sales advertising with a player who transfers to Tennessee after the paperwork is done?
I suspect that Courts will continue to lean very heavily toward enforcement of contract language that protects the purchaser’s obvious right to have a marketable product for their investment.
Ultimately, I think our enshrined freedom of contractual rights will defeat attempts to make illegal deals that can be cynically interpreted as straight pay-for-play.
NIL, at it’s best, is a legitimate sale of the name, image and likeness of someone who can benefit the business and it’s sales. Undoubtedly, the QB whose NIL persistently shows up associated with the most popular State U in the vicinity of the business purchasing the rights is of greater value than a dude that flunks out of school, gets caught with drugs, or simply transfers to Utah State, on short notice.
I have suggested in other threads, purchasers of high dollar NIL rights, at a minimum, should spread payments out over a lengthy (three year) time period, and give themselves frequent options to not renew the contract/payments in the purchaser’s sole discretion. This would legally sidestep any ticklish issues of where a player played, how well they played, etc., and allow the purchaser an easy out for a kid who flunks out or transfers.
But how could either the state governments or NCAA constitutionally limit contracting parties’ obvious and inherent interest in what actually makes the contract worthwhile to the purchaser: endorsement by a player playing for the popular, prominent school?
The fact that Will Levis is known and admired in the market area of Paul Miller Ford is the only business reason Paul Miller Ford would be willing to pay for his NIL.
I understand that “pay-for-play” is frowned upon, but how do you separate that theory from the obvious theory that Paul Miller Ford will not increase sales advertising with a player who transfers to Tennessee after the paperwork is done?
I suspect that Courts will continue to lean very heavily toward enforcement of contract language that protects the purchaser’s obvious right to have a marketable product for their investment.
Ultimately, I think our enshrined freedom of contractual rights will defeat attempts to make illegal deals that can be cynically interpreted as straight pay-for-play.
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