Two First Questions Every NCAA Player or Recruit Must Ask of the University: 1) Where’s Your New NIL Waiver You Want Me to Sign?; and 2) You’re Going to Pay My Attorney Costs to Have it Reviewed, Right?

Yesterday the NCAA, in a grand reversal, made Player NIL into what’s called a ‘Home Rule’ matter — meaning that each school has wide discretion to set its own rules for Player NIL.

The change: 1) makes many of the state Player NIL bills or enacted legislation unnecessary; and 2) means that a number of those bills now unnecessarily and significantly curb player rights, by limiting his access to employee status, and ability to sell his own NIL rights to be used by apparel and media companies in commerce.

The change also means that every school will be drafting its own NIL Waiver, for the player to sign. And they can all radically differ.

First Player Requests

The NCAA change means that every player, including upperclassmen, freshmen, and recruits, should make two First Requests,, in writing (in an email), for any school compliance person or recruiter:

Demand #1: Copy of School’s New NIL Waiver Form

Give me a copy of the new NIL Waiver which the school now wants me to sign.

[These will all differ, because the NCAA’s new action means that they can.]

Demand #2: Pay Attorney’s Fees, as an Alston ‘Educational Cost’

Pay my costs associated with hiring an attorney to review the NIL Waiver you want me to sign?

[These are “educational costs” which the school can fund under the Supreme Court’s Alston ruling — at least for enrolled players, though I would contend that, because most recruits are minors, those costs should also be paid by the school.]

Why are these the First Requests Every Player Must Make?

The player who arrives on campus owns ALL of his NIL rights, just as he might entirely own his own car. The text of the school’s proposed waiver will show how much of his NIL ownership the school wants the player to surrender.

The NCAA Change Means the Player Has Alot More Power

The NCAA change yesterday gives the player MUCH more power in the negotiation about choosing to enroll, or choosing not to transfer. This is a new age, and the player needs to understand that he now has HUGE new bargaining power, just because of the NCAA change yesterday. The variance, from school-to-school, about what Player NIL each school wants to demand that the player surrender can drastically affect that player’s access to NIL-related income.

Why does the player need independent attorney advice, paid by the school?

Because the school and player have an economic conflict of interest as these Player NIL issues undergo sea changes. As a result, the player should refuse to take advice on these waiver issues from one of the third-party businesses which the schools have hired to handle NIL issues — because those firms have the same profound conflict of interest with the player.

About brewonsouthu

lawyer, with interest in college sports and NCAA oversight and decisions, and sports generally.
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