While NIL deals have revolutionized opportunities for student-athletes, there are still many risks—particularly when promises are not honored. Recently, a UNLV quarterback left his team after he didn’t receive promised NIL compensation. His departure brings to light an important lesson for all athletes: get NIL agreements in writing. This story reminded me that unfortunately, verbal promises are not enough. While they might feel binding, they lack legal enforceability. In the UNLV case, the quarterback was reportedly assured of certain NIL compensation but did not receive it. The situation escalated when the player chose to transfer out. Unfortunately, this highlights the potential for disappointment when promises are made but not followed through. Here are a few other steps athletes can take to protect themselves and their wallets.
Steps Athletes Can Take to Protect Their NIL Agreements
What’s the first step? For any athlete entering into NIL agreements, the first step should be confirming all of the terms and promises in writing. Whether you’re speaking with a head coach, a collective’s president, or an athletic director, always ensure that the details of the deal are documented. Written agreements can prevent confusion and protect you from financial loss if the promises are not fulfilled. Having these promises in writing can help you avoid hassle down the road: finding another school, redshirting a year, losing your eligibility, etc.
What Should Be Included in a Written NIL Agreement? When formalizing an NIL agreement, make sure it covers:
- Payment Terms – Specify exact dollar amounts, payment schedules, and how the money will be delivered.
- Duration of the Deal – Define how long the deal will last and under what conditions it can be renewed or terminated.
- Deliverables – Clarify what the athlete is expected to do, whether it’s appearances, social media posts, or promoting a brand.
- Third-Party Involvement – Include the involvement of NIL collectives, ensuring they are also held accountable for delivering on their promises.
- Consequences of Non-Payment – Detail what happens if the compensation isn’t delivered—whether it involves penalties, contract voiding, or another form of recourse.
Always Communicate Clearly. Before committing to any NIL agreement, verify details with key stakeholders. If a head coach mentions an NIL deal, follow up with the NIL collective or the legal team associated with your school to ensure the terms align. For example, after speaking with the president of a collective, you should clarify the specifics in writing to avoid any misinterpretations.
Also, don’t hesitate to ask questions. Athletes should feel confident when inquiring about details such as payment structure, performance requirements, and the legitimacy of those handling the agreement. It’s your career and future at stake.
Protecting Yourself if Promises are Broken. Broken promises, unfortunately, are not uncommon in NIL deals. As the UNLV quarterback’s situation shows, not all verbal assurances are met. To avoid finding yourself in a similar position, consider consulting a lawyer or a trusted advisor who specializes in NIL agreements. They can help you review contracts, understand your rights, and make sure everything is legally sound. Additionally, keep a close line of communication with your school’s compliance department. They are there to help ensure that NIL deals abide by NCAA rules and school policies. The compliance office can be an essential resource when navigating complex NIL arrangements.
Secure Your Future. NIL deals present enormous opportunities for athletes, but without clear written agreements, those opportunities can quickly disappear. As more and more athletes engage in NIL deals, the best advice is simple: get it in writing. By securing all terms in a formal contract, you’ll protect yourself from broken promises and safeguard your financial future. The UNLV quarterback’s decision to leave is a cautionary tale, but it’s one that athletes everywhere can learn from. Written agreements aren’t just helpful—they’re essential to ensuring NIL success.