You can’t bind a student to that school. Do you think no one has thought of this yet?
Friendly as ever, Billy.
An NIL deal is between a business and an individual, right? So using the Burrito Buggy as an example, they create a statement of work with milestones and deliverables. They make those deliverables contingent on very obvious and clear business needs: that anybody representing their business be located in the market where they 1) operate or 2) are increasing aiming to increase sales.
The payments are milestone/deliverable based, and if that criteria can't be met for future milestones, the contract is abandoned. It happens constantly and it aint that hard. Without ever having seen any of these agreements, I bet they're structured this way because it's the accepted the legal standard for engaging with independent contractors/B2B engagements for deliverable & project based work, and what any good legal counsel would suggest you do if your #1 priority is making sure no court interprets the relationship as being an employment relationship.
It is a business agreement. But you think an athlete is going to sign one that locks him in? These kids have representatives at the higher levels. If it was as easy as you say, Smith at OSU would be locked up. No one is contractual to their school through NIL, that’s just not how this works.
I mean yes, XYZ could sign a two year deal with the Buggy, but it’s risky for the Buggy because an NIL CANNON stipulate that XYZ play at OHIO to get paid. That is explicitly against the law and rule of NIL. So why would a collective sign XYZ to a two year contract when next year they may be paying them to play against them.
I know how it works, my man. I also know how businesses structure contracts with independent contractors, and that's what I'm outlining while you tell me about NIL rules in all caps.
Nothing I proposed "locks in" any athletes. Try and follow along, and if you can't, stop being such a snide a*shole all the time.
I outlined how easy it would be to create a business relationship where payments are based on milestones, specific deliverables, and are tied to a business goal that's directly connected to a geographic market. Not a school. I assure you that none of the local businesses in Louisville that Rick Pitino endorsed are still paying him. Why? Because his business value to them was tied to his connection to that market, and they defined that in a contract.
The Burrito Buggy is paying that person for their ability to attract business in the Athens, OH market. Because that's where the Burrito Buggy is, and that's core to the business reason they've identified for entering into the agreement to begin with. If that changes, the value changes to them, and milestones (which are tied to payments) aren't met so less money changes hands. Do you know a lot of businesses where every single dollar in the lifetime value changes hands upfront? Or is money often times used to, you know, incentivize the exchange of goods and/or services?
Last Edited: 3/26/2025 3:59:45 PM by Bobcat Love's Sense of Shame