If he received significant money and then took off, the NIL sponsor learned an important lesson in contracting: make periodic payments dependent on availability.
The lack of specific knowledge of the details of these contracts fuels the arguments, above.
The most I know about any of them is Leary’s deal, and I know very little about his. I have read on these pages that he is paid monthly. Therefore, I suspect that these deals are (1) in writing, and (2) specify some level of availability and participation by the athlete, and I would hope they address academic qualification, moral turpitude issues, etc.
Were I in a position to negotiate on behalf of the sponsor, I would suggest addressing the above, and the issue of post-season and playoff appearances.
The sponsor would then have a decision on how “hard-core,” they would negotiate regarding each issue. If called upon to advise a sponsor, I would suggest starting pretty hardcore, spreading monthly payments out over a fiscal year, meaning that exactly half of payments for the 2023 season would actually accrue after the Bowl/Playoff period, until June 30th the following year.
I would want automatic termination language for any cause eliminating the player’s eligibility, excluding injury [and if my client wanted to be real hard core, that could be included]. And I would suggest to a client/sponsor language requiring availability, eligibility and participation in any post-season play. Failure to be available, eligible and to actually participate would automatically terminate the sponsor’s continuing obligation to pay the monthly stipend.
If you want to see an actual NIL contract, follow the news, closely. Eventually, there will be some litigation on a state court level, that will reveal many details.
Apparently, to date, the parties involved have mostly “worked things out,” absent litigation, when issues have arisen. And that doesn’t surprise me. Most financial sponsors likely view their participation as primarily motivated by a charitable intent to benefit their chosen University team(s). I suspect these types of sponsors have been pretty easy-going both on negotiating and enforcement of terms.
And let’s be real: some few big-money NIL sponsors have likely been long-term financial backers of collegiate athletes, when such backing was done without any paperwork, contracts or tax-withholding considerations. This class of NIL sponsor would likely avoid litigation, where possible, to avoid issues that might pop up in expansive “discovery” processes that some judges would gladly allow.