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A note before we get into it: we have held off publishing a breakdown of this bill because it has suffered numerous revisions and delays which will likely continue. Treat what follows as a snapshot of where things stand today, not a final word. The Protect College Sports Act passed the Senate 77-22 on September 28 but it has not passed the House and is not law yet. Its path forward is uncertain: the House is not scheduled to return until after the November 3 midterm elections and Speaker Mike Johnson has indicated he does not expect the bill to be taken up before the lame-duck session, if it is taken up at all this Congress. It's worth knowing, however, how it may increase recruiting opportunities for high school recruits and their families. The elements worth paying attention to now are the ones that impact the number of recruiting slots: a new limit on repeat transfers, a longer eligibility window for current college athletes and a handful of provisions aimed at professional athletes, Olympic and women's sports and international recruits. Here is what actually shifts the playing field and what does not. Does the "One Free Transfer" Rule Help High School Recruits?Yes, over time. The Act permits every college athlete one transfer without losing eligibility, with additional transfers allowed only for specific reasons: a coach leaving, a sport getting cut, graduate study, or sexual assault or harassment. This trend has been driven by coaches prioritizing athletes in the transfer portal over high school athletes. Fewer repeat transfers means shrinking the pool and increasing the number of open spots for incoming high school recruits. With only one free transfer to work with, when you use it matters as much as whether you use it. One option which we implement in our recruiting strategies with our athletes and families: save that transfer for your fifth year, when the graduate-study exception applies, and use it to enroll in a funded master's program at a new school while you play out your final season of eligibility. Done right, that is a tuition-free graduate degree rather than a transfer spent early chasing more playing time. However, that also increases the importance of committing to the best fit school for you on the front end, which is where our Athletes and Families resources come in. Does the Five-Year Eligibility Framework Help or Hurt High School Recruits?In the short term it works against you. The Act establishes a five-year eligibility transition beginning at age 19 or high school graduation, building on the eligibility changes we broke down in NCAA Eligibility Rule Changes: Impact on High School Recruiting, NIL, and Transfers. As a result, it grants current college athletes an additional year of eligibility, which means more upperclassmen stay on rosters longer, competing for the scholarship slots that would otherwise open up for the next class of recruits. Expect this to be a temporary headwind for near-term recruiting cycles as the transition phases in. Do New Limits on Professional Athletes Open Roster Spots?They should, and this one favors recruits directly. The Act sets eligibility rules that exclude certain professional-level participation across sports: one exception ties the start of basketball eligibility to a player's 19th birthday or first full-time enrollment (whichever occurs first) and a separate exception covers athletes in other sports who earn prize money from a source that is not their school, collective or an associated entity. Basketball is the sport most likely to feel this. Fewer older players with pro experience competing for a limited number of scholarships means more room for high school recruits coming in. Does the Act Protect Women's and Olympic Sports Roster Spots?Yes, and this is a clear win for recruits. FBS programs must maintain a minimum of 16 sports, and schools with $80 million or more in annual athletic revenue must preserve their 2024-25 roster levels in non-revenue sports such as track and field, swimming and diving, wrestling, gymnastics, rowing, fencing and water polo. While this provision does not necessarily create additional roster spots, it does preserve the opportunities that already exist. However, with football spending consuming an outsized share of athletic department budgets, protecting existing roster spots in these Olympic and women's sports from being cut is impactful, especially for future high schoolers. One caveat worth knowing: these protections are written with an expiration date while the bill's antitrust protection for schools and conferences is permanent. That imbalance is worth watching as the bill moves forward. Does the Act Limit International Recruits?Not yet, but it's fluid, as there are three separate pieces of legislation that are easy to confuse. Section 128 of the Act itself reads:
That is a statement of policy, not a rule. It sets no percentage, no threshold, and no enforcement mechanism. Nothing in the Act as passed by the Senate actually requires a school to do anything differently. House Republicans are reportedly pushing to add real teeth to this provision before they will move the bill forward, which tells you Section 128 is understood as symbolic even by the people who wrote it. Two other proposals show what a real limit could look like: the TEAM USA Act would cap international athletes at 20 percent of a roster, or one player on teams with fewer than 10, enforced through the school's eligibility for federal student loan programs. A Texas state bill, S.B. 1319, would cap foreign nationals at 25 percent of athletic scholarships per program at Texas public universities starting in the 2026-27 academic year, though it has no specific enforcement mechanism written into it yet. If any version of a real cap becomes law at the federal or state level, it would open meaningful roster space for domestic recruits in sports with heavy international representation such as tennis. Today, none of that is in force. Keep an eye out for further developments regarding this issue, particularly if your sport trends to include a high level of international recruits at the college level. What About NIL and Revenue Share?Briefly: the Act confirms athletes can earn NIL money and use agents without losing eligibility, requires disclosure of NIL deals over $600 a year and increases the revenue-sharing cap at the center of the reforms we covered in College Sports Reform Is Creating More Risk — Not Less indefinitely, with inflation adjustments going forward. It does not create standardized contract terms between schools and athletes. It does, however, call for medical coverage and agent certification, two gaps we have flagged in actual NIL and revenue-share negotiations and contracts. I will cover areas of athlete exposure in detail in a separate article because they deserve more than a paragraph here. If you are evaluating an NIL or revenue-share offer right now, read our breakdown of NIL contract red flags and what to look for before signing, and have any agreement reviewed by a qualified expert before you sign. Should Recruits and Families Take This Seriously Yet?Here is my honest read, as someone who has spent my career inside college athletics as a player, a Division I assistant and a head coach at both the Division II and III levels. This bill has already been watered down from its original form through committee and floor horse-trading and it still needs to pass the House, where Republicans want changes including a real international-athlete cap and an outright ban on classifying athletes as employees. Other ambitious sports-reform bills have stalled at exactly this stage. If your own recruiting process has stalled out for reasons that have nothing to do with any of this, our breakdown of what to do when recruiting goes quiet is worth a read. The deeper issue is one this bill does not touch. The NCAA wants Congress to hand it antitrust protection to enforce transfer and eligibility rules, and compensation caps unilaterally, while giving athletes no seat at the table to negotiate any of it. The one structural fix that would resolve compensation, eligibility and transfer disputes in a single stroke (and save a lot of time, money and angst) is collective bargaining between athletes and the institutions that profit from them. Every professional league does this. The NCAA will not, because it does everything in its power to avoid athletes being classified as employees and this bill facilitates that position. Until that changes, expect Congress to keep getting yanked back in periodically to save the day (and likely to no avail as history has shown). For now, build your recruiting plan around the fit and opportunity in front of you, not around what this bill might eventually become. Our recruiting advisory services are built to help athletes and families do exactly that, with former college coaches who have real recruiting expertise, intimate knowledge of the landscape and direct access to coaching networks. FAQIs the Protect College Sports Act law yet? Will the new eligibility rules reduce roster spots for incoming freshmen? Does the Act actually limit international student-athletes? Does the Act limit how much athletes can earn from NIL deals? Does the Act apply to all NCAA divisions? Ready to build a recruiting plan that accounts for where the rules actually stand today, not where they might end up? Contact RecruitU to get started with Expertise Plus Access.
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Most esports and flag football athletes should not count on a full athletic scholarship, and you need to plan around that reality now, not after signing day. Scholarship money in both sports is real, but it is limited, and it is concentrated at schools below the Power Conference level. Our updated RecruitU analysis indicates what it means for how you should approach recruiting in either sport. How Much College Esports and Flag Football Scholarship Money Is Actually Out There?Both sports have grown fast. The scholarship dollars have not kept up.
If you are building a college list based on scholarship dollars in either sport, it is important to recognize the reality: that list is short, and it is not made up of the schools you have heard of on Saturday afternoons. Flag football today looks a lot like esports did about a decade ago. Both sports' growth and adoption at today's college level have been partially driven by similar enrollment pressures, with schools leveraging their growing popularity to attract students (currently during a period of declining college-age population). Esports started with a handful of scrappy varsity programs at smaller schools around 2014 and has grown into hundreds of programs with real, if relatively modest, scholarship money behind it. Flag football is following the same early path right now, which means today's scholarship landscape is likely to expand over time, the way esports did. However, it's not there yet, and you should not plan your recruiting around where it might be in ten years. Even as flag football grows, expect full athletic scholarships to stay rare, the same way they have in esports. Are Power Conference Schools Actually Investing in Esports and Flag Football?Here is where you need to be realistic, despite the hype. The University of Nebraska, a Big Ten school, is the only Power Four program that has actually committed to varsity flag football with real scholarships behind it. The Big 12 has said it is "exploring" conference-wide sponsorship, also aiming at 2028, but not one Big 12 member school has committed to fielding a team. Nebraska's single commitment represents the only one of the roughly 67 schools across the SEC, Big Ten, ACC and Big 12 combined. The SEC and ACC have not indicated a flag football initiative at all. I have spent my career inside college athletics, as a player, a Division I assistant and a head coach at both the Division II and III levels, and I will tell you plainly: that gap is not closing soon. Power Conference athletic departments are absorbing outsized spending on football and basketball at programs running $40 million to $60 million a year once outside NIL collective money is layered on top of the athletes' own revenue-sharing pool, on top of a record $228 million in coach buyouts across the Power 4 in 2025 alone. When a department under that kind of pressure has to choose between football and a brand-new varsity program with limited associated revenue, esports and flag football will lose that fight almost every time. Should You Pick a College Based on Athletic Scholarship Money?No. Chasing a scholarship offer in either sport can lead you to a poor fit school.
Should Esports and Flag Football Athletes Expect NIL Money?Most should not, and you need to know why before you build a plan around it. NIL and revenue-share dollars at college level are overwhelmingly prioritized toward football and basketball, the sports that generate TV, ticket and other revenue that supports whole programs. Esports and flag football athletes are largely left out of that pool unless they bring something schools and brands can monetize on their own, which typically means a significant social media following or content presence. An athlete with real reach on Instagram, TikTok or a streaming platform can attract NIL deals independent of what their sport pays, but that is a personal-brand opportunity, not a sport-wide one. It is not something most recruits should count on. Build your recruiting plan around scholarship and fit first, and treat any NIL opportunity in either sport as a bonus, not a budget line. If an NIL offer does come your way, review it the same way we outline in our NIL and revenue-share contract advising and our guide to NIL contract red flags before signing anything. What Happens If You Do Not Make It as a Pro?Neither sport offers a reliable path to a professional income, and that has to shape your plan. Esports has professional leagues but they support a small number of players. Careers there are often short. Flag football's clearest professional path runs through the 2028 Olympics and a small national team, not a stable pro league. That means your college decision should be built first around preparing for a career you actually want or an academic major that you're interested in pursuing, with athletics as part of the experience, not the whole plan. Use whatever athletic scholarship money is available, but pair it with academic scholarships, need-based aid and merit aid. Choose a major and a suitable school that set you up for life after your sport, not just during it. What Should You Actually Do Next?
This is exactly the kind of realistic, research-backed guidance RecruitU provides to the Athletes and Families we work with in both of these sports through our recruiting advisory services. Former college coaches with real recruiting expertise and direct access to coaching networks can help you separate real opportunity from wishful thinking in a fast-growing but still-developing recruiting space. FAQCan I get a full athletic scholarship for esports or flag football? Should I only consider colleges that offer esports or flag football scholarships? Is there a reliable path to a professional career in esports or flag football? Can esports or flag football athletes make NIL money? Ready to build a realistic recruiting plan for esports or flag football? Contact RecruitU today to get started with Expertise Plus Access. Yes. Two lawsuits that broke this week show exactly why we tell every family to get an NIL or revenue share contract analyzed by an expert before committing and signing. One involves a morals clause used to cut off payment. The other involves a penalty clause triggered by a transfer. Both are red flags we already covered, now playing out in real courtrooms with significant financial and reputational implications. USC and the Morals Clause With No Due ProcessFormer USC basketball player Chad Baker-Mazara has sued the school and head coach Eric Musselman resulting from circumstances related to his exit from the program. According to the lawsuit, after Baker-Mazara left the team, USC terminated his NIL agreement, citing a morals clause. His lawsuit calls that clause “hopelessly vague, overbroad, and unenforceable,” and alleges USC’s reliance on it was a pretext to avoid paying what he was still owed. This mirrors Red Flag 3 from our recent breakdown of NIL contract red flags: performance or conduct clauses providing the college full discretion, with no due process mechanism before payment or participation gets pulled. A clause that lets a school decide unilaterally that a violation occurred and cut off payment accordingly is a huge oversight. It is exactly the kind of language we tell families to push back against before committing. Ole Miss and the Transfer Penalty ClauseOle Miss has sued two former players, Princewill Umanmielen and Devin Harper. Both signed revenue-share agreements to return to the program in January, then entered the transfer portal and signed with LSU instead. The lawsuits seek a total of $950,000, plus attorneys’ fees, citing penalty provisions in the agreements tied to leaving within 90 days of signing. This reflects Red Flag 8 implications from our post: clawback and penalty provisions that function the same way a non-compete clause punishes an employee for quitting to join a competitor. However, here it is aimed at a college athlete choosing to play somewhere else. It also echoes the Wilson case at Georgia we wrote about previously. This is not an isolated incident. It is becoming a pattern. Why This Matters Right NowBoth of these situations involve contracts that were executed, not contracts that were simply proposed. The athletes involved agreed to terms that, in hindsight, exposed them to exactly the kind of risk we warn families about. Neither of these cases is resolved, and we are not weighing in on how the courts will ultimately rule. What we can say clearly is that the underlying contract mechanics, discretionary morals clauses and transfer penalty provisions, are common. Real scrutiny is imperative before signing, not after careers are damaged and lawsuits are filed, resulting in significant financial and reputational consequences. Having an Agent Is Not the Same as Being ProtectedWho was watching out for these players? Cases like these typically involve athletes who had some form of agent or advisor representing them at the time they signed. That should give families pause. As we wrote in our original breakdown, there is no licensing, certification, or credentialing requirement for player agents or NIL advisors in college athletics. Anyone can put that title on a business card and charge unlimited fees. Having representation is not the same as having representation that possesses the expertise and experience to understand, and push back on, the specific terms that end up costing these athletes hundreds of thousands of dollars and irreparable career damage. George’s Take“I get asked whether the red flags we pinpoint will actually be triggered, or if we are just being too much of a stickler. These two cases emphatically answer that question. The clauses and issues in question here are not unique terms buried in one rare clause. They are common across all of the contracts we see. They are being leveraged by colleges more frequently in both high profile and under the radar cases right now, with big money and career impact. This is exactly why we emphatically tell families not to commit until an expert, not a pretender, has reviewed the contract line by line. You must not be passive in accepting these contracts as written.” — George White, Founder and CEO, RecruitU Frequently Asked QuestionsWhat is a morals clause, and why does the athlete’s lawsuit against USC matter? What is a transfer penalty clause, and why does the Ole Miss lawsuit matter? Does this mean every NIL case has these problems? How can a family avoid ending up in a situation like this? Should you receive the NIL or revenue share contract from the college before committing verbally or signing a scholarship agreement? Are these cases resolved? Get Your Contract Reviewed Before You SignThese are not hypothetical risks. RecruitU reviews NIL and revenue share contracts for athletes and families before they commit to anything, so situations like these are avoided, not litigated. Contact RecruitU for a Contract Review →This article is for informational purposes only and does not constitute legal advice. Every NIL or revenue share contract should be reviewed by a qualified individual, in addition to any guidance you receive elsewhere, before signing. Details of the lawsuits referenced are based on public reporting and court filings, and both matters remain unresolved. A college recruiting visit should be treated like a comprehensive research project, not a vacation, which is the typical approach taken by most recruits. In addition to their reluctance to ask hard questions or request exposure to specific aspects of the campus and program, recruits allow the coaches to control the agenda and thus the narrative, experience, and impression. We emphasize to our clients that the main purpose is to gain as much exposure as possible to what it will truly be like to be a student and an athlete day to day at that college. Dig deep — gain exposure to as many of your personal impact priority areas of interest and issues as you can. Question other athletes and students directly about the quality of their experience and their honest opinion of the college, program and coaches. The goal for the recruited athlete is to determine whether the college and program actually meet their preferences, interests and values. That means going beyond the choreographed experience coaches will tailor for you. You cannot blame them for that — they are trying to put their best foot forward in order to get recruits to commit as soon as possible. This Is a Business Trip, Not a VacationPete Strickland, former college basketball coach and head coach of the Irish National team, once asked me how many schools Pro Football Hall of Famer Gale Sayers committed to. I guessed one or two. The real number was ten. Sayers visited ten schools and committed to each one during the visit itself, ending up at Kansas simply because it was the last school he saw. This anecdote sticks with me because it is exactly what coaches are attempting to achieve. Visits are carefully staged. You are typically only exposed to the best version of the school, staff and players. Thus, it’s human nature to get caught up in the moment and want to commit based on this positive spin. If you accept their agenda as your basis for making a decision, it will be incomplete. Scratch beneath the surface and request to see and experience the specific things on your own checklist, not just the ones the program has planned for you. Treat the visit like an analysis of a business project because that is what it is, not a brief experience of the school’s Disneyland version of itself. For example, schedule it during the week while classes are in session, not on a weekend of games and social events. Moreover, stay in a dorm with the other players, rather than a hotel. Assess the Culture, Not Just the TalentClosely assess the culture of the school and the sport program itself. Does it actually match your own values and goals? A visit built entirely around a weekend of social events and watching the football game shows you the most curated version of that culture, versus a weekday when classes are in session, which will reveal insights closer to the reality of the school and program. Evaluate the People, Not Just the PitchThe people inside and surrounding the program matter as much as the program itself: teammates, coaches, other students, faculty and administration. Spending time with current players in the actual dorm rather than a hotel, and asking them and other students directly about their experience reveals much more than any manipulated perspective created by the coaches. Away from the coaching staff, the team will open up and tell you the truth. Look at Academic Opportunity and FreedomAssess whether the school gives you real academic and career opportunities and the freedom to pursue your interests, particularly in your majors of interest, not just a path designed to keep you eligible. Attend classes and talk to professors. Check the Resources and the Support SystemDoes reality match the professions of support that the coaches make? Assess the resources and support available related to your level of development as both a student and an athlete, and the actual quality of the facilities and staff. Gaining this insight is also where you learn how a program treats athletes who are struggling, not just the ones who are thriving. It is also critical to assess the financial stability of the college and the athletic program itself, which we cover in detail in our full checklist. Never Commit During the VisitWhatever you may eventually decide, never commit on the spot while at the school or in the presence of the coaches. Note your impressions, go home, and give yourself time away from any in-the-moment intoxication before making this life decision. George’s Take“I tell every family the same thing before the visit: this is not a vacation, it is a business trip. Assess the culture, the people, the academics and the actual resources behind the show. Don’t buy into the pitch. Sitting in on real classes with other students and staying with the current team in an actual dorm is much more likely to give you the inside scoop on the school, the program and coaches. The programs that hold up under that kind of scrutiny are the ones worth committing to. The ones that only look good on a Saturday during a big game are not.” — George White, Founder and CEO, RecruitU Frequently Asked QuestionsWhat are key issues that you should actually be assessing during a college recruiting visit? Should a college recruiting visit include a weekday, not just a weekend? Should athletes stay in a hotel during a recruiting visit? Is it okay to commit to a school during the recruiting visit itself? Is there a full checklist for what to cover on a recruiting visit? Planning Your Next College Recruiting Visit?The RecruitU team includes former college coaches with real recruiting expertise and direct access to coaching networks to help athletes and families plan visits that actually inform the decision, not distort it. Reach out and we will share our full recruiting visit checklist, covering everything from coach questions to what to look for in the locker room. Contact RecruitU to Plan Your Recruiting Visits →
I recently reviewed a NIL/revenue share agreement generated by a college program for one of our recruited athletes and flagged numerous issues and areas of exposure for the athlete. This is from a school that the athlete was considering committing to in his recruiting. Believe it or not, my analysis of the issues and areas of exposure ran longer than the contract itself. This should tell you something about the state of college athletics and recruiting -- BUYER BEWARE!
If you or your athlete has a NIL or Revenue Share contract awaiting your signature, do not sign it yet. Not until someone who possesses expertise in NIL contracts has combed through it. Here are some common issues to look for, and why it matters more than most families realize. These Contracts Are One Sided, and Not in Your FavorI will say this plainly: every NIL and revenue share agreement I have reviewed is structured heavily, in some cases egregiously, in favor of the college. A primary cause of this reality is that there is no standard contract across college athletics largely because there is no collective bargaining in place to enable protection for athletes from usurious contracts. They are written in legalese, complicated and packed with references to issues and matters that are beyond the capabilities of most athletes and parents, let alone a 17 or 18 year old who has never read a contract in their life. They are intended, whether anyone at the college would admit it or not, to take advantage of the athlete’s understandable naivete and inexperience. One sided terms plus dense legalese is exactly how the worst clauses are able to pass through ignored or misunderstood, compounded by the absence of qualified athlete representation and protection. As we wrote about in Why is College Football's NIL Model a House of Cards?, the entire system is currently moving faster than athletes’ capability to organize to protect themselves. Here is the part that deeply disturbs me about the realities of today’s recruiting process — a coach will look your athlete in the eye — they will tell them how much they want them, how much they care about them, how their program is going to look out for and develop them. Then the contract shows up — it communicates something entirely different. It says: we will take advantage of every opportunity to void our payment obligations to you, we are not going to protect you if things go wrong, and we will cast you adrift at any time for any reason that we manufacture at our discretion. What gets promised by coaches during a recruiting visit is not documented. It is not binding and it does not have to match what actually gets put in writing. The contract is the only part that is enforceable, and it is the only part that matters once you have signed. And here is the part that makes it worse: a lot of athletes commit to a school, verbally or otherwise, before they have even seen the NIL or revenue share contract. This puts you in a position of weakness. You do not owe anyone a NIL contract commitment, and you certainly do not owe them one sight unseen. Negotiate Get the actual contract terms. Negotiate them to limit potential damages and exposure before you commit or turn down another offer. Don’t give in to pressure to sign prematurely. Once you have committed, your negotiating leverage is eliminated. Red Flag 1: Ambiguous Revenue-Share Commitment All of your compensation terms should be specific, clearly defined and from a university guaranteed source, not on the come from some contingent income source. If elements are unspecified, the college could later treat that part of your compensation as discretionary, meaning the money you expected may be significantly less. Red Flag 2: Loss of Control Over Your Own Name and Image and Likeness Rights These agreements grant the college broad rights to your name, image and likeness, meaning they can hand your NIL rights to other parties without needing your approval, and limit your own usage. Nothing in this space should be open ended and unrestricted. Red Flag 3: Performance or Conduct — Withholding Payments and Eligibility With No Due Process Beware of terms that let a college stop paying you or suspend you without the opportunity to defend yourself prior to enforcement of any penalty. Red Flag 4: More Restrictive Obligations Than NCAA or Rule of Law Allows Contracts try to impose obligations on athletes that are more burdensome than what the NCAA’s own rules already require, such as transfer portal rules. A school inserting its own differing requirements is the school claiming ownership over your freedoms that are not actually theirs to control. It is worth revisiting what we wrote in How Does the Wilson Case Expose Hypocrisy of College Sports Contracts? — coaches leave freely and are often rewarded for it, while athletes face contractual penalties for doing the same thing. Red Flag 5: Independent Contractor Status That Does Not Match Reality Colleges go out of their way to classify athletes as independent contractors while imposing restrictions that align with employee status. Schools can’t have it both ways. Red Flag 6: Lack of Injury Protection Contracts that stay silent or restrict compensation or reimbursement if the athlete gets hurt explicitly provide the college with an out to reduce, delay, or stop paying. In addition, coverage for health care should be addressed. The financial risk of an injury should not land on the athlete instead of the institution. Red Flag 7: Demands Stricter Than What the NCAA Actually Requires Contracts add restrictions well beyond what the NCAA and College Sports Commission actually require, presenting them as mandatory when they are not or yet to be resolved. That leaves you agreeing to obligations tighter than the rules that are supposed to govern your eligibility and compensation. Red Flag 8: Clawbacks and Performance-Based Payment Adjustments Do not allow claw back provisions, particularly when a transfer is involved. This is functionally the same as a non-compete clause that punishes an employee for quitting to join a rival, except here it is aimed at a college athlete choosing to play somewhere else. Also watch for language that lets the school adjust your payment based on subjective terms. This gives a school enormous leverage to reduce what it owes you, or demand money back, using standards it gets to set on its own. Why Expert Representation Matters There is no licensing, certification or credentialing requirement for player agents or NIL advisors in college athletics. Anyone can put that title on a business card and charge unlimited fees. That matters because these contracts are being negotiated, on the other side, by university compliance offices and legal counsel who do this for a living. An athlete and family deserve representation with real expertise, not just bluster and self-promotion. Be skeptical of anyone who does not deliver proven experience and references. Why Contract Protection Cannot Wait Until After You Commit Every one of these issues is negotiable before signing the contract, especially if you have other offers to leverage. Almost none of them are fixable after. Committing to a school before a knowledgeable third party has actually reviewed the language is one of the more common, and most avoidable, mistakes I see families make during the recruiting process. For High School Coaches and Counselors You do not need to become a contract expert and you should not feel compelled to give legal advice as it opens you up to liability. But you are often the first person a family turns to when an offer occurs. Knowing these red flags exist, and knowing to tell a family “get this reviewed by an expert before you sign anything,” is the best advice that you can provide. George’s Take “These documents are drafted in a complicated format on purpose to bully and intimidate the athlete with highly onerous and one-sided terms in favor of the university in a take it or leave it approach. It must be reviewed with a fine tooth comb because the college is shotgunning terms camouflaged under a flood of legalese and references that overwhelm and compromise athletes and families. My advice is emphatic: Do not sign anything and do not commit until the agreement has been dissected by an expert in this niche. Remember, your NIL or revenue share contract is a business negotiation in the current environment. You can’t rely on just a handshake agreement with the coach.” — George White, Founder and CEO, RecruitU Frequently Asked Questions Can a college really classify my athlete as an independent contractor? Yes, colleges are doing this deliberately, but the classification needs to actually match how the relationship works in practice. Restrictions that mirror employment while the contract denies employment status are worth raising with someone who understands the distinction. Is it normal for a revenue-share percentage to be left blank in a draft contract? It happens more often than families expect, but it should never be signed that way. An undefined percentage with no attached schedule is not a minor detail, it can mean that part of the compensation is not actually enforceable. What should I do if I already signed something without a full review? Have it reviewed anyway, plus it positions you to be better prepared to negotiate your next contract. Some issues can still be addressed, renegotiated, or, at minimum, understood clearly, even after signing. Is this only an issue at big Division I programs? No. We are seeing versions of these same issues across division levels, wherever NIL and revenue share agreements are being used. How long does a contract review usually take? It depends on the contract, but families should factor a few weeks’ review and negotiation period before signing, not attempt this the night before a decision is due. Before You Sign Anything RecruitU reviews NIL and revenue share contracts for athletes and families before they commit to anything. We tell you plainly what is acceptable, what is a red flag, and what needs to change before you sign. Contact RecruitU for a Contract Review →This article is for informational purposes only and does not constitute legal advice. Every NIL or revenue share contract should be reviewed by a qualified attorney, in addition to any guidance you receive elsewhere, before signing. |
AuthorOur Founder, George White was a Head Coach at both the Division II and DIII levels and served as an assistant at the DI level. A former college athlete, he was Co-Captain of the Harvard basektball Team. His full bio can be found here: Archives
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