What you propose though is not what’s happening and or what is going to happen in the immediate future. Why you like living in a fantasy world? That’s is up to you. [/QUOTE]It is actually exactly what's happening in many, many cases. That you aren't capable of reading what I'm saying and understanding it doesn't change that.
Tons and tons of athletes are getting paid by brands per Instagram post. That's a perfect example of what I'm talking about -- a contract that's based on specific deliverables and milestones. A "deliverable" would be the post itself; the milestones would be a number of posts and cadence of posts within a certain timeline before payment is issued. I'm sure they even have kickers when certain engagement metrics are met.
When Mark Sears was still here there was some local company that paid him for some Instagram posts. I forget who it was. Do you think they're still paying him? He just did a post for Cava. How do you think that contract was structured? Think they dropped a briefcase full of cash at his house or did they maybe get a contract signed?
Also, here's an analysis from ESPN of actual NIL contracts:
https://www.espn.com/college-sports/story/_/id/44107758/n... [QUOTE]
LeRoy, who reviewed several contracts obtained by ESPN, said the deals meet several key standards in a legal test that federal courts have established to determine if someone is an employee. As they roughly defined, an employee is someone performing services for another party's benefit in exchange for compensation while under that party's control.
The contracts viewed by ESPN are structured, in part, as licensing deals where the school is buying the rights to use the athlete's NIL in promotions. Payments for those rights are separate from the tuition and other academic-related funding athletes receive from their schools.
Many of the contracts explicitly state that athletes are not employees and are not being paid for playing on the team. However, experts say, the fine print might be deemed in a court challenge to contradict those assertions.
Part of the argument, they say, focuses on the amount of control that the schools impose on athletes in this exchange. The transfer portal has emerged as one of the principal ways athletes can leverage their talents to get a better deal, but contractual language seems designed to limit players' maneuverability.
Several of the contracts and templates require players (or their future teams) to pay a buyout fee if athletes decide to transfer schools before the end of the contract. Most let the school stop paying athletes immediately if they enter the transfer portal -- or if they or their agent even express interest in a transfer. .