In Reply to: Here's a recruiting angle for Ucla posted by ClockBlocker on January 18, 2025 at 01:10:51
"The agreement prohibits the player’s rights to be used by any other school while permitting him or her to sign outside marketing agreements, according to those familiar with the template."
This can't be true. The contract is only enforceable against the parties. It doesn't bind anyone else. Another school can use the player's NIL. The contracting school would have an action against the player, not the other school, unless they wanted to go for tortious interference with contract, which I having studied in +30 years, so I'm out.
More importantly, I hope there's a case that goes to trial (and then gets appealed, whoopeee!) out of this. Basically, since NIL came up, I've felt like the payments should be back-loaded, so that there is a balloon payment at the end of the year, paid if the player suited up for every game he was healthy enough to play in. I'm not going to pay a healthy guy to cheerlead on the sidelines at a bowl game.
So, Wiscy guy had a 2 year contract with Wiscy. Imo, he can leave, go to school where ever he wants, but if he does so, he's in breach of his contract. Wiscy should be entitled to the remedies for breach according to the laws of Wisconsin. Depending on the wording of the Big 10 template contract, Wiscy-guy would be in breach maybe when he misses his first practice, or meeting. Or, when he signs an NIL deal with Miami.
If an NIL contract is not enforceable, then it's just a one year contract with an option for an additional year, or years, exercisable by the player.
I want to see these NIL contracts be enforceable. Whether they are directly with the school, or with a third party. Ramogi wants the athletes to be treated as adults. I do too. Pay them. But, that also means setting aside the Grrranimals , putting on your big boy underwear, and paying a buyout when you want out of your contract.
On the other side, ya, the university can't prevent a guy from transferring to another school. This might make the portal windows a thing of the past.