College Athletes Take Note: What the Football Transfer Portal Can Teach You About NIL Deals
As college basketball's revenue sharing contract template is about to take center stage, a crucial lesson can be gleaned from the football transfer portal. When Demond Williams Jr., a Washington Huskies player, seemingly switched his commitment to LSU but later returned to Seattle, it highlighted an important aspect of NIL deals: exclusivity.
The fact that Washington's revenue sharing contract template includes a clause granting the university an irrevocable license for its athlete's Name, Image, and Likeness (NIL) raises questions about athletes' ability to grant their NIL to other institutions. While Williams was ultimately able to renegotiate his deal, this incident showcases the importance of carefully reviewing contractual terms.
Another critical factor in revenue sharing contracts is liquidated damages clauses, which were recently at the center of a dispute between Missouri and former Georgia pass rusher Damon Wilson II. The clause in question obligates Wilson to pay UGA $390,000 as a buyout fee if he breaks his contract with Missouri. While some argue that these clauses are meant to punish athletes for transferring, many attorneys see them as buyout fees.
Term sheets, on the other hand, can be tricky terrain. Can they be binding contracts or merely non-binding agreements? The answer varies by state and judge, leaving athletes uncertain about their contractual obligations. Wilson's countersuit against UGA highlights this ambiguity, as his team claims that the term sheet he signed was not a legally binding contract.
As college basketball prepares for its own revenue sharing portal window in April, these lessons are essential to remember:
* Know your contractual terms and how they impact your ability to sign with another institution.
* Be aware of liquidated damages clauses and their potential implications.
* Understand the nuances surrounding term sheets and their enforceability.
Athletes, agents, and coaches would do well to take heed of these lessons from the football transfer portal. The consequences of not doing so could be costly โ literally, in terms of lost NIL revenue or even lawsuits like Wilson's against UGA.
As college basketball's revenue sharing contract template is about to take center stage, a crucial lesson can be gleaned from the football transfer portal. When Demond Williams Jr., a Washington Huskies player, seemingly switched his commitment to LSU but later returned to Seattle, it highlighted an important aspect of NIL deals: exclusivity.
The fact that Washington's revenue sharing contract template includes a clause granting the university an irrevocable license for its athlete's Name, Image, and Likeness (NIL) raises questions about athletes' ability to grant their NIL to other institutions. While Williams was ultimately able to renegotiate his deal, this incident showcases the importance of carefully reviewing contractual terms.
Another critical factor in revenue sharing contracts is liquidated damages clauses, which were recently at the center of a dispute between Missouri and former Georgia pass rusher Damon Wilson II. The clause in question obligates Wilson to pay UGA $390,000 as a buyout fee if he breaks his contract with Missouri. While some argue that these clauses are meant to punish athletes for transferring, many attorneys see them as buyout fees.
Term sheets, on the other hand, can be tricky terrain. Can they be binding contracts or merely non-binding agreements? The answer varies by state and judge, leaving athletes uncertain about their contractual obligations. Wilson's countersuit against UGA highlights this ambiguity, as his team claims that the term sheet he signed was not a legally binding contract.
As college basketball prepares for its own revenue sharing portal window in April, these lessons are essential to remember:
* Know your contractual terms and how they impact your ability to sign with another institution.
* Be aware of liquidated damages clauses and their potential implications.
* Understand the nuances surrounding term sheets and their enforceability.
Athletes, agents, and coaches would do well to take heed of these lessons from the football transfer portal. The consequences of not doing so could be costly โ literally, in terms of lost NIL revenue or even lawsuits like Wilson's against UGA.