Former A&M Player Warns A&M Recruits to Examine NIL Contracts

I guess I fail to see how it has anything to do with NIL, but is rather an investment on the player’s future earnings.
From the article: The agreement also contained NIL elements in that BLA could use Dexter’s NIL in advertisements and promotional materials. For his part, Dexter agreed to boost BLA on social media and participate in events on BLA’s behalf.
 

Im not sure if it was. I think NIL is the collateral on the investment. I don’t really think many business deals are a singular thing. For capital investments in tech, are those tech deals? Are they pure investments? Are they used to make sure your investments are diversified? Typically, yes, they serve all of those purposes at the same time.

This is an investment in the player with a way for the investor to start capitalizing through NIL right away.

It’s like if you invested in rental properties. You make money from the investment (hopefully the propert appreciates in value) and the rent.

In this case Dexter was what, a year away from an NFL contract barring a low probability career ending injury. He didn’t need the money to do any of that. All his needs were covered by UF: anything else short term eg helping family or transitional living costs could be obtained through low or medium interest loans or advances with a much, much lower projected cost. This was an absolutely idiotic contract given lack of need and the short timeline to the NFL all but guaranteed.

Should people be allowed to enter indentured servitude. I don’t know. I’d argue someone should have competent representation and meet minimum standards of anyone entering high dollar contracts and investments.
 

The athletes are definitely being sold a boat load of garbage. Check out the marketing videos on The BLA site.

Oh, private equity is quite capable of “scamming” investors out of money as well on false pretenses, inscrutable financials, promises. Usually it’s a victimless crime, greed on greed crime so to speak. You won’t hear about the $ lost (usually) due to NDAs and the layers of ownership and the legal protections afforded under their disclosures, releases, and current law. Shame.

Expensive lessons! Read the docs. Assume the worst. Avoid dealing with PE….if possible.
Absolutely. A lot of PE deals are hot garbage. Tons of them are hot garbage for the PE firm too. That's just business. It would have been a hell of a deal for Julian Fleming to take.

This contract does not sound like it was one of those deals where the devil was in the details.

These deals are always going to look awful for the recipient if things work out. That's hindsight. The company was the one who wrote a check for $500K and gave it to some kid on the hopes he'd make the NFL. They were on the hook if he got into trouble. They were on the hook if he chose not to work hard. They were on the hook if he got injured.

I just don't see how this is at all a scam. He paid him the money they promised they would pay him. The player is now trying to get out of his end of the deal.
 

In this case Dexter was what, a year away from an NFL contract barring a low probability career ending injury. He didn’t need the money to do any of that. All his needs were covered by UF: anything else short term eg helping family or transitional living costs could be obtained through low or medium interest loans or advances with a much, much lower projected cost. This was an absolutely idiotic contract given lack of need and the short timeline to the NFL all but guaranteed.

Should people be allowed to enter indentured servitude. I don’t know. I’d argue someone should have competent representation and meet minimum standards of anyone entering high dollar contracts and investments.
Of course they should but do you want the government to mandate it?
 

From the article: The agreement also contained NIL elements in that BLA could use Dexter’s NIL in advertisements and promotional materials. For his part, Dexter agreed to boost BLA on social media and participate in events on BLA’s behalf.
I’d like to see the agreement because it is possible they used NIL as a ruse to obtain a significant portion of his NFL income.
 


Oh FFS. He's an adult. He willingly signed a contract and got handed $485k. With zero risk he'd have to pay back 1 cent. There is no usury here. Nothing shady, underhanded, or unscrupulous.
 

Oh FFS. He's an adult. He willingly signed a contract and got handed $485k. With zero risk he'd have to pay back 1 cent. There is no usury here. Nothing shady, underhanded, or unscrupulous.
Many adults get taken advantage of when the carrot they want is dangled in front of them. I’ve seen contracts that are filled with legal traps and hard to follow language that required a good lawyer to untangle them. It’s not unrealistic to wonder if he was taken advantage of.
 

Absolutely. A lot of PE deals are hot garbage. Tons of them are hot garbage for the PE firm too. That's just business. It would have been a hell of a deal for Julian Fleming to take.

This contract does not sound like it was one of those deals where the devil was in the details.

These deals are always going to look awful for the recipient if things work out. That's hindsight. The company was the one who wrote a check for $500K and gave it to some kid on the hopes he'd make the NFL. They were on the hook if he got into trouble. They were on the hook if he chose not to work hard. They were on the hook if he got injured.

I just don't see how this is at all a scam. He paid him the money they promised they would pay him. The player is now trying to get out of his end of the deal.

“The company” makes money either way. They aren’t using their own money. The investors might be holding their butts, sure. Smoke and mirrors are the rule not the exception.

This was an incredibly bad deal for the player. He wasn’t some unwashed prospect from Central America.
 

Of course they should but do you want the government to mandate it?

There are rules around professional investors, who can be solicited, advertising.

Yes, I don’t think individuals that cannot drink alcohol are not worldly enough to go to war with these people, understand contracts.

Ultimately he is a cautionary tale, which we need. Mostly though, I hate to see useless value-negative entities parasitize Main Street businesses and individuals. In this case it feels akin to handing out sub-prime credit cards to the desperate and dumb. Do something useful with your lives, instead? Maybe I’m too idealistic…
 



slightly off-topic, but I was listening to a radio show recently and the host said they had heard rumblings that some players on the Arkansas men's college basketball team were unhappy because they didn't think they were receiving what they had been promised in NIL money.

that is another can of worms waiting to happen.

to lawyer Bob - is an NIL deal considered a legally-binding contract?

and if so - what recourse would a player have if they did not receive what was promised? would it make a difference if it was 'original" NIL as opposed to a 'pay-for-play' type of deal?
 

Don't dare post anything interesting off-topic, like this, or the two-faced lynch mob here will have a moment.
 

The time to get an attorney is before you need an attorney. Legal advice can be priceless. "Couch Potatoes are better than Couch Lawyers." "75% of all legal issues can be avoided by common sense." Benjamin Franklin (Angel investor of Apple)
 

The time to get an attorney is before you need an attorney. Legal advice can be priceless. "Couch Potatoes are better than Couch Lawyers." "75% of all legal issues can be avoided by common sense." Benjamin Franklin (Angel investor of Apple)
Is this account generating their responses from chatGPT?
 




Seems obvious a lot of guys are getting money to transfer and that supposedly is not allowed.
For instance the Alabama freshman DB who was considered their MVP for his performance.
He's going to Georgia for a lot of money, supposedly. Sharks circling Alabama....WR to Texas.
We know those schools pay big money...aren't they going to get caught here at some point?
Seems pretty obvious, if there really are rules?
Yes it's rumored Georgia paying at least 2 million maybe more. College football needs a salary cap.
 

There are rules around professional investors, who can be solicited, advertising.

Yes, I don’t think individuals that cannot drink alcohol are not worldly enough to go to war with these people, understand contracts.

Ultimately he is a cautionary tale, which we need. Mostly though, I hate to see useless value-negative entities parasitize Main Street businesses and individuals. In this case it feels akin to handing out sub-prime credit cards to the desperate and dumb. Do something useful with your lives, instead? Maybe I’m too idealistic…
You don't think someone under the age of 21 can sign a contract? This particular contract is REALLY simple. There is absolutely no nuance to it.

As to your last point, sure, I agree that there are countless deals out there that take advantage of people. Maybe the biggest one is student loans through FAFSA. It's essentially a loan taken out by (often) kids under the age of 18 that the recipient cannot even file bankruptcy to avoid.

As to whether or not these are all useless/value negative, I guess it depends upon your situation. I am sure there are people who are poor enough that would like to take out some insurance on their likelihood of making it to the NFL. I don't think it's really your or my place to determine where other people derive value from their property.
 


slightly off-topic, but I was listening to a radio show recently and the host said they had heard rumblings that some players on the Arkansas men's college basketball team were unhappy because they didn't think they were receiving what they had been promised in NIL money.

that is another can of worms waiting to happen.

to lawyer Bob - is an NIL deal considered a legally-binding contract?

and if so - what recourse would a player have if they did not receive what was promised? would it make a difference if it was 'original" NIL as opposed to a 'pay-for-play' type of deal?
It depends upon the deal, but I would imagine most of them are legally binding. They probably have tons of "outs" in the contract though.
 


The athletes are definitely being sold a boat load of garbage. Check out the marketing videos on The BLA site.

Oh, private equity is quite capable of “scamming” investors out of money as well on false pretenses, inscrutable financials, promises. Usually it’s a victimless crime, greed on greed crime so to speak. You won’t hear about the $ lost (usually) due to NDAs and the layers of ownership and the legal protections afforded under their disclosures, releases, and current law. Shame.

Expensive lessons! Read the docs. Assume the worst. Avoid dealing with PE….if possible.
Players must know how to read contracts or get credible help before entertaining money dangled by predatory sharks. "He signed away 15% of his future pre-tax NFL income in perpetuity for $436K" (@Pompous Elitist). Something needs to be done about this.

History is full of predatory practices that plague the ignorant and innocent.

On May 24th, 1626, Peter Minuit of the Dutch West India Company purchased the island of Manhattan from the Algonquin Indians for the equivalent of $24 worth of beads and trinkets.
 

The stock market is full of ignorant people making stupid decisions thus that is where the profit is. Remember there is always a cost for an Education. Time, Money, & or Pride. Past performances does not predict future results. Let that be a warning for Investments, College Recruits, & Professional Athletes. Potential can be a Beautiful Siren.
 

Players must know how to read contracts or get credible help before entertaining money dangled by predatory sharks. "He signed away 15% of his future pre-tax NFL income in perpetuity for $436K" (@Pompous Elitist). Something needs to be done about this.

History is full of predatory practices that plague the ignorant and innocent.

On May 24th, 1626, Peter Minuit of the Dutch West India Company purchased the island of Manhattan from the Algonquin Indians for the equivalent of $24 worth of beads and trinkets.
Depends as far as I'm concerned.....

The one situation I know of where a college kid signed some of his NFL income away ... he got the cash and only later claimed he was scammed, AFTER he was clearly going to make a ton of money in the NFL.

The company he signed with, right on the their website explains in plain English how the process works. It was not hard to figure out what that org does.

His lawyers then tried to claim it was some sort of NIL deal, but the folks who fronted this kid the money said the contract made it clear it was NOT an NIL deal.

Maybe someone lied to the kid, it's possible, but everything apparent about this org made it VERY clear what the deal was. I'm skeptical of that players claim.
 


In a way it was an insurance policy for Dexter (although a pretty bad one). 15% at the time he took it was a terrible deal. Maybe if he was still a freshman or something, but at the time he signed it he was looking at a top 2-3 round draft pick.
 

Generally speaking ...

On the enforceability issue, in most states a contract is void or voidable if made with a person who is under the age of majority, which in Texas is 18 (in Texas 17 and under is a "minor"). {Typical exceptions to minor status are if the person has already been married or has been "emancipated" from guaradianship.} The age of majority varies some throughout the US. In Minnesota--and most states--it is, like Texas, age 18. Curiously, in Alabama, the age of majority is 19; in Mississippi, it is 21. So, ordinarily, big money NIL contracts would not be made with kids under the age of majority--unless, perhaps, the kid has an agent and/or lawyer and knowingly waives the protection of law on this point. But even that could be chancy. I believe that a few states (in the SEC) which rushed to pass "NIL enabling laws" were, among other things, legislatively changing their generic contract laws to permit minors to enter into mutually enforceable NIL contract. For instance, Mississippi's NIL Law (which covers many topics) allows anyone 18 years old or older to enter into an enforceable NIL contract.

Contracts also can be voided if made with a mentally incompetent person who was incapable of assessing the terms of the contract--and was taken advantage of. But a person who is a college student with passing grades, and who has professional representation, hardly could take advantage of this exception.

A contract also can be voided for "fraud in the inducement." But, again, I doubt this ATM kid was defrauded. The terms, including future earnings spiff, were probably spelled out well to him and his advisor--and he just wanted the cash.

A contract might also be unenforceable if its terms are so one-sided and shocking, and arguably violate some legislative policy, that a court would find it void as against "public policy." This judgment is made as of the facts and circumstances at the time the contract is made, not years later in retrospect. If the PE Firm is doling out dollars to lots of kids on these contracts, hoping that one or two will "hit," it really isn't shocking or violative of any expressed legislative policy. It is like publishers who make an up-front, lump-sum payments to many authors, taking a share of a book earnings in return, and hoping a few books will really hit.

There are other ways one can be relieved of a very bad contract (under the doctrines of "rescission" and "reformation"). But simply second-guessing the deal terms after you have already taken and spent the upfront money, isn't one of them.

I suspect that a part of the big dollar NIL money flow--from professional investors, not local bagmen--might be stopped if there was a legislative (or even NCAA) rule that an NIL contract is void or voidable to the extent it has the player signing away future earnings above and beyond his NIL rights.
 
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Dexter reportedly did not have an agent or attorney review the contract. He was solicited directly by BLA in May 2022 and signed the morning after he received the contract. He entered the draft less than a year later.

Obviously he made a pretty bad mistake here. Betting 500K on MN defeating Ohio State in the shoe-level bad. The contract, luckily enough, seems suspect under the laws at that time but that will be decided in the courts. Maybe he skates but will still be a lot poorer than if he never answered the email.

Personally, I don’t want to see a shady growth industry targeting hard up and mentor-less 18, 19, 20 year olds solicited to sign away 15% of future earnings in perpetuity for a pittance in hooker and blow money. Many things are legal that maybe shouldn’t be. Certain big money financial agreements and solicitations require “sophisticated” parties. Other limits surround eg student loan amounts, interest rate caps, and so on. I realize there will be varying schools of thought on how much predation should be allowed. I’m not going to pretend it’s admirable.



 
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Players must know how to read contracts or get credible help before entertaining money dangled by predatory sharks. "He signed away 15% of his future pre-tax NFL income in perpetuity for $436K" (@Pompous Elitist). Something needs to be done about this.

History is full of predatory practices that plague the ignorant and innocent.

On May 24th, 1626, Peter Minuit of the Dutch West India Company purchased the island of Manhattan from the Algonquin Indians for the equivalent of $24 worth of beads and trinkets.

History is ugly. Closer to home growing up I recall hearing two very distinctly different POVs on the conflict of 1862. One from old timers and one from academics. Many of us have distant ancestors that settled fertile lands in the Minnesota river valley in the 1800s, fairly obtained or not by deceptive methods.

If you’re interested in history the less well known experiences of the hapless settlers -men, women, and children- is unnerving. Whether they “deserved it” or not probably depends on POV.

A compilation of family narratives and recollections of the conflict here:


 

History is ugly. Closer to home growing up I recall hearing two very distinctly different POVs on the conflict of 1862. One from old timers and one from academics. Many of us have distant ancestors that settled fertile lands in the Minnesota river valley in the 1800s, fairly obtained or not by deceptive methods.

If you’re interested in history the less well known experiences of the hapless settlers -men, women, and children- is unnerving. Whether they “deserved it” or not probably depends on POV.

A compilation of family narratives and recollections of the conflict here:


Thanks for sharing these stories.
 




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