AnkielBreakers Posted April 29, 2022 Share Posted April 29, 2022 4 minutes ago, Lord Elrond said: I’m not arguing that he couldn’t play elsewhere, I’m saying an exclusivity clause would stop him from getting NIL money from anyone else. If you had an exclusivity clause in the deal for that players Name, Image and Likeness, you just sue the player, anyone who signs him to another deal, and possibly the coach or university (in light of Tennessee’s new law about allowing coaches and the university to be part of the NIL deal) for breach of contract if they sign a NIL deal with someone else. I am not sure what prevents the school from being able to keep players at that school. If it is state law, then I would not want to try to enforce an exclusivity law against that. My guess is that it would be broken by a judge as going against the intent of that law. If it is an NCAA rule, who knows. Quote Link to comment Share on other sites More sharing options...
Lord Elrond Posted April 29, 2022 Share Posted April 29, 2022 23 minutes ago, AnkielBreakers said: I am not sure what prevents the school from being able to keep players at that school. If it is state law, then I would not want to try to enforce an exclusivity law against that. My guess is that it would be broken by a judge as going against the intent of that law. If it is an NCAA rule, who knows. An exclusivity clause can be put into any contract, and if one side breaks a contract the other side can sue. The player could probably play anywhere, but he couldn’t be paid a new NIL deal if his old one had an exclusivity clause in it. If a player breaks a contract with that clause in there, here comes a civil lawsuit, aimed at the player and everyone else that can be tagged. I guarantee that the big money guy who signed the kid to that NIL would have the ability to get more and better lawyers in this case. 3star_recruit and HoosierPal like this Quote Link to comment Share on other sites More sharing options...
cheeseman Posted April 29, 2022 Share Posted April 29, 2022 First of all I don't blame any of the kids from trying to get a good deal for themselves. Second the schools and the NCAA had a hand in this by not treating the players fairly to begin with. Third, The NCAA had a chance to build NIL guidelines that would have made it somewhat manageable but chose to stick their head in the sand. When you have the big boys like Self crying about what is happening then you know it is out of control. The problem with people and institutions is that enough is never enough. Pistol, MusicCityBilliken and dlarry like this Quote Link to comment Share on other sites More sharing options...
3star_recruit Posted April 29, 2022 Share Posted April 29, 2022 18 minutes ago, cheeseman said: First of all I don't blame any of the kids from trying to get a good deal for themselves. Second the schools and the NCAA had a hand in this by not treating the players fairly to begin with. Third, The NCAA had a chance to build NIL guidelines that would have made it somewhat manageable but chose to stick their head in the sand. When you have the big boys like Self crying about what is happening then you know it is out of control. The problem with people and institutions is that enough is never enough. NIL guidelines would not have prevented the current chaos because they're not legally binding. The big boys have wanted to escape NCAA oversights for years, weak though that oversight may be. Well, they've gotten their wish. Now, the cost of doing business is going through the roof. There has to be money to keep your star players. There has to be money to attract star players in free agency. There has to be money to pay lawyers to deal with players who want their NIL renegotiated. And on and on and on. Quote Link to comment Share on other sites More sharing options...
Lord Elrond Posted April 29, 2022 Share Posted April 29, 2022 18 minutes ago, 3star_recruit said: NIL guidelines would not have prevented the current chaos because they're not legally binding. The big boys have wanted to escape NCAA oversights for years, weak though that oversight may be. Well, they've gotten their wish. Now, the cost of doing business is going through the roof. There has to be money to keep your star players. There has to be money to attract star players in free agency. There has to be money to pay lawyers to deal with players who want their NIL renegotiated. And on and on and on. Be careful what you wish for, I guess... I’m not sure where this is heading. A system that relies on billionaires who want their egos stroked by trying to buy their favorite college team a trophy with an ever increasing price every year does not sound stable to me. After you’ve bought your team a trophy, does your ego say keep buying them more trophies year after year, or do you lose interest and buy something else for that ego? Quote Link to comment Share on other sites More sharing options...
AnkielBreakers Posted April 29, 2022 Share Posted April 29, 2022 56 minutes ago, Lord Elrond said: An exclusivity clause can be put into any contract, and if one side breaks a contract the other side can sue. The player could probably play anywhere, but he couldn’t be paid a new NIL deal if his old one had an exclusivity clause in it. If a player breaks a contract with that clause in there, here comes a civil lawsuit, aimed at the player and everyone else that can be tagged. I guarantee that the big money guy who signed the kid to that NIL would have the ability to get more and better lawyers in this case. Right, I understand, but why can’t these contracts prevent someone from transferring? Is that exclusivity clause then seen as an attempt to prevent someone from transferring? Does it violate the intent of that rule/law? This is a weird situation ripe for new rulings from judges. All of this is conjecture. When you get hired to do a commercial, there is normally not an exclusivity clause on the person in the commercial for everything they can promote. Just for a small thing, like, you cannot get paid to promote a competitor. If I was a player, I would not want to be excluded from receiving more money, so why would I agree to it if it is broad in nature? Quote Link to comment Share on other sites More sharing options...
cheeseman Posted April 29, 2022 Share Posted April 29, 2022 52 minutes ago, 3star_recruit said: NIL guidelines would not have prevented the current chaos because they're not legally binding. The big boys have wanted to escape NCAA oversights for years, weak though that oversight may be. Well, they've gotten their wish. Now, the cost of doing business is going through the roof. There has to be money to keep your star players. There has to be money to attract star players in free agency. There has to be money to pay lawyers to deal with players who want their NIL renegotiated. And on and on and on. I think the guidelines could have made some of them either stay or leave either way college sports as we know it would be altered dramatically. Be careful what you wish for you may get it. Quote Link to comment Share on other sites More sharing options...
Lord Elrond Posted April 29, 2022 Share Posted April 29, 2022 4 minutes ago, AnkielBreakers said: Right, I understand, but why can’t these contracts prevent someone from transferring? Is that exclusivity clause then seen as an attempt to prevent someone from transferring? Does it violate the intent of that rule/law? This is a weird situation ripe for new rulings from judges. All of this is conjecture. When you get hired to do a commercial, there is normally not an exclusivity clause on the person in the commercial for everything they can promote. Just for a small thing, like, you cannot get paid to promote a competitor. If I was a player, I would not want to be excluded from receiving more money, so why would I agree to it if it is broad in nature? Companies do sign people to exclusivity clauses for regular commercials all the time. Remember the guy who said “Can you hear me now?” on Verizon commercials? He didn’t appear on other telecommunications companies commercials because Verizon paid him for the exclusivity. When the contract expired, Sprint hired him for some commercials. I don’t think an exclusivity contract would stop someone from playing elsewhere, but it could stop him from getting paid for it. The big money guy who signed that kid would certainly sue anyone they could who violated the terms of a contract that was signed, and they have the resources to pay for all the lawyers they need to do that. The billionaires who finance this will find ways to tie that kid to the university they want. That is something all of the big money people at every university will agree to. Does the player have the right to refuse that? Sure, but then the big money guys have the equal right NOT to go forward with the NIL deal. The example of Isaiah Wong at Miami shows the need for it. Most players will end up agreeing to get the money, and over time a player who refuses may sign somewhere, but they will take less money. Now if the kid is really good and wants more money, I’m sure something could quietly be worked out (if both sides agree any contract can be renegotiated, after all). But going on twitter and threatening to go elsewhere unless they get more money is not going to be the way to do that. Quote Link to comment Share on other sites More sharing options...
billiken_roy Posted April 29, 2022 Share Posted April 29, 2022 1 hour ago, 3star_recruit said: NIL guidelines would not have prevented the current chaos because they're not legally binding. The big boys have wanted to escape NCAA oversights for years, weak though that oversight may be. Well, they've gotten their wish. Now, the cost of doing business is going through the roof. There has to be money to keep your star players. There has to be money to attract star players in free agency. There has to be money to pay lawyers to deal with players who want their NIL renegotiated. And on and on and on. my view at some point the well starts to dry up to a degree as the boosters get tired of paying these kids this big dollars. the competition remains though and to compete with emerging boosters for perceived lesser programs trying to break into the elite blue blood class, those coaching staffs from the traditional blue blood elites are going to have to give up some salary to pay the players. oh how the likes of self wont like that. i almost feel sorry for these coaches down the road should this happen. Quote Link to comment Share on other sites More sharing options...
RUBillsFan Posted April 29, 2022 Share Posted April 29, 2022 3 hours ago, Lord Elrond said: I’m not arguing that he couldn’t play elsewhere, I’m saying an exclusivity clause would stop him from getting NIL money from anyone else. If you had an exclusivity clause in the deal for that players Name, Image and Likeness, you just sue the player, anyone who signs him to another deal, and possibly the coach or university (in light of Tennessee’s new law about allowing coaches and the university to be part of the NIL deal) for breach of contract if they sign a NIL deal with someone else. What I’m saying is that I think the intent of the rule is that him leaving Miami wouldn’t be a breach of contract at all. He may not be able to sign a different NIL deal if his current one has an exclusivity clause, but he’d be collecting from the original NIL deal from the Miami booster while playing at a different school. His leverage is basically you’ll be paying me to play somewhere else unless you up my NIL money. 3star_recruit likes this Quote Link to comment Share on other sites More sharing options...
SLUMS81 Posted April 29, 2022 Share Posted April 29, 2022 The same boosters who now have to help buy and retain elite athletes will continue to be tapped to fund expensive facility upgrades in order to make the school more attractive to potential recruits. Either the donors’ wallets will be lighter, or the facilities will suddenly be considered good enough. willie likes this Quote Link to comment Share on other sites More sharing options...
Old guy Posted April 29, 2022 Share Posted April 29, 2022 Absolutely no one knows what will or will not happen in this situation. The future is unpredictable and does not follow logic or reason. HoosierPal likes this Quote Link to comment Share on other sites More sharing options...
HoosierPal Posted April 29, 2022 Share Posted April 29, 2022 31 minutes ago, Old guy said: Absolutely no one knows what will or will not happen in this situation. The future is unpredictable and does not follow logic or reason. No one knows what an NIL contract looks like. There is no NCAA contract. As there are 'no rules' I imagine that each contract is developed by the NIL contractor. If they don't have restrictions in the contract, shame on them. Quote Link to comment Share on other sites More sharing options...
Old guy Posted April 29, 2022 Share Posted April 29, 2022 Contracts can be negotiated by both parties or can be offered by one party to the other in a take it or leave it basis. I assume that the vast majority of substantial NIL contracts will probably be of the non negotiated kind. The courts are supposed to favor the party that accepted the non negotiated contract during litigation, but things happen. Quote Link to comment Share on other sites More sharing options...
BilliesBy40 Posted April 29, 2022 Share Posted April 29, 2022 1 hour ago, HoosierPal said: No one knows what an NIL contract looks like. There is no NCAA contract. As there are 'no rules' I imagine that each contract is developed by the NIL contractor. If they don't have restrictions in the contract, shame on them. No, but there are still rules prohibiting certain types of NIL deals. For example, the NIL deal cannot be contingent on playing for a specific school or performance-based. Of course, we know the agreements are inherently geared toward playing at a specific school, but they are likely accomplishing that by allowing termination at will to the booster/company. Quote Link to comment Share on other sites More sharing options...
HoosierPal Posted April 29, 2022 Share Posted April 29, 2022 Looks like Wong won. Quote Link to comment Share on other sites More sharing options...
Lord Elrond Posted April 29, 2022 Share Posted April 29, 2022 30 minutes ago, HoosierPal said: Looks like Wong won. Good for Wong. Probably bad for everyone giving an NIL deal, but if buying their school a trophy means that much to them….. Quote Link to comment Share on other sites More sharing options...
Old guy Posted April 29, 2022 Share Posted April 29, 2022 Exactly what did Wong win? Ruiz walked out of his NIL deal and "promised" to help Wong find another NIL. Miami kept Wong. What did Wong get? a promise and a terminated contract, is that all? Maybe he won a moral victory but there are no figures with lots of zeros behind in moral victories. Quote Link to comment Share on other sites More sharing options...
HoosierPal Posted April 29, 2022 Share Posted April 29, 2022 https://www.cbssports.com/college-basketball/news/i-dont-know-what-the-solution-is-isaiah-wongs-money-demands-exposed-college-sports-complicated-nil-issue/ This NIL turned quickly into Pay for Play. You might have missed it, but what Wong did Thursday also happened earlier in the week in much quieter fashion at Wichita State. Craig Porter Jr. averaged 7.3 points, 4.9 rebounds and 3.6 assists for an underperforming Shockers team last season. Like most on Wichita State's roster, as the program lagged all season in NIL initiatives, Porter recently announced he was going to transfer. Then Wichita State announced an NIL collective on Tuesday. That same day Porter announced he was staying at the school. Wonder why! "The change of heart for Porter is directly tied to the arrival of Armchair Strategies, which has worked quickly to put together a package for him to profit on his name, image and likeness," according to a report from the Wichita Eagle. The threat worked. It's certainly driving their agents to be aggressive; the commission on some of these deals, sources told CBS Sports, is in the double-digit percentage range. That coach also said another one of the players mentioned above is shopping a price of $300,000 for his name, image and likeness rights to pair with his commitment to a school. Multiple sources told CBS Sports that another one of the transfers listed above has an agent who has told schools recruiting him that he believes his client deserves more money than what Nijel Pack received to play at Miami. In essence, if you are a school not willing to align yourself with a company or companies willing to pay north of $400,000 for this player, don't bother. "Any kid entering the portal starting in the last 72 hours, it is 1,000% about leverage," one coach at a highly ranked program said. "What all of the sudden changed with your situation to make you do this now? It's because, in 48 hours, I have no leverage." Quote Link to comment Share on other sites More sharing options...
CenHudDude Posted April 29, 2022 Share Posted April 29, 2022 30 minutes ago, Old guy said: Exactly what did Wong win? Ruiz walked out of his NIL deal and "promised" to help Wong find another NIL. Miami kept Wong. What did Wong get? a promise and a terminated contract, is that all? Maybe he won a moral victory but there are no figures with lots of zeros behind in moral victories. The NIL deal between Wong and Ruiz remains as is OG. In addition, Ruiz has promised to help Wong win mor NILs. That’s what Wong gained. Quote Link to comment Share on other sites More sharing options...
almaman Posted April 30, 2022 Share Posted April 30, 2022 1 hour ago, HoosierPal said: Looks like Wong won. butter pickles r the best Quote Link to comment Share on other sites More sharing options...
Old guy Posted April 30, 2022 Share Posted April 30, 2022 2 hours ago, CenHudDude said: The NIL deal between Wong and Ruiz remains as is OG. In addition, Ruiz has promised to help Wong win mor NILs. That’s what Wong gained. Wong came in asking for more money. I misunderstood and thought the deal had been withdrawn, however it may just have remained the same. He did not get any more money from Ruiz. Promises are promises not contractual obligations. Wong got nothing extra except for promises. Is this a win? Quote Link to comment Share on other sites More sharing options...
brianstl Posted April 30, 2022 Share Posted April 30, 2022 16 minutes ago, Old guy said: Wong came in asking for more money. I misunderstood and thought the deal had been withdrawn, however it may just have remained the same. He did not get any more money from Ruiz. Promises are promises not contractual obligations. Wong got nothing extra except for promises. Is this a win? I think you’re wong AnkielBreakers likes this Quote Link to comment Share on other sites More sharing options...
Old guy Posted April 30, 2022 Share Posted April 30, 2022 I am not wong. Quote Link to comment Share on other sites More sharing options...
billikenbill Posted April 30, 2022 Share Posted April 30, 2022 The nation’s top wide receiver, Pitt’s Jordan Addison, is leaving Pitt for a $2 mil. NIL deal from USC. Apparently, Pitt will allege tampering. Can’t imagine anything will come of that though. College sports as we knew it is over. The cat is not only out of the bag, but multiple cats have burst through the bag. Not sure how this ever gets reigned in. Quote Link to comment Share on other sites More sharing options...
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