Arkansas Collective sues player for leaving

URGatorBait

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This is the first step.
boom smile GIF
 

Swamp Donkey

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Notable sports attorney? You mean incompetent sports attorney. Isnt this Rashada's agent or original agent?

I agree with his legal theory but I still hope he loses. :)

No NIL should be paying kids in advance. They can only pay kids for when they do some sort of NIL event. Some people seem to forget this.
 

soflagator

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Notable sports attorney? You mean incompetent sports attorney. Isnt this Rashada's agent or original agent?

I agree with his legal theory but I still hope he loses. :)

No NIL should be paying kids in advance. They can only pay kids for when they do some sort of NIL event. Some people seem to forget this.

Correct. This simply corrects future contracts. The stupidity of paying up front has always been dumb. Not only for the obvious reasons, but because there would be no way to successfully fight it without, what seems to me, would be self implication.
 

Swamp Donkey

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Correct. This simply corrects future contracts. The stupidity of paying up front has always been dumb.

To be clear I'm not sure that there's ever been an upfront contract. If someone's getting a bag of money up front, it's not a legitimate nil contract it's just a bag man doing what bag men have always done.

I keeping hearing people talk about upfront money but I think they're people who aren't in the know. At the very least on paper they have to be NIL agreements to pay you x amount when you do media appearances, go to the local children's hospital, celebrity golf tourneys, all that stuff.

Since the only value to a collective is for the player to be playing at the home school to put them on TV commercials in the local area, and they will put the next player in those same commercials, it's going to be real hard to prove that there's any damage for them.
 

B52G8rAC

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To be clear I'm not sure that there's ever been an upfront contract. If someone's getting a bag of money up front, it's not a legitimate nil contract it's just a bag man doing what bag men have always done.

I keeping hearing people talk about upfront money but I think they're people who aren't in the know. At the very least on paper they have to be NIL agreements to pay you x amount when you do media appearances, go to the local children's hospital, celebrity golf tourneys, all that stuff.

Since the only value to a collective is for the player to be playing at the home school to put them on TV commercials in the local area, and they will put the next player in those same commercials, it's going to be real hard to prove that there's any damage for them.
I agree that's the intent. But we have heard of high school juniors receiving NIL money. They appear at PTA meetings I guess.
 

Joegator96

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I agree that's the intent. But we have heard of high school juniors receiving NIL money. They appear at PTA meetings I guess.
At LHS a group of players go over to LRMC's children's ward before every home game. At the end of the first qtr all the players go to the NE end zone and wave at the wing while the fans light up our cell phones and wave. It's a nice community gesture and I'm sure the boys make a few bucks going over to the hospital.
 

GatorJ

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To be clear I'm not sure that there's ever been an upfront contract. If someone's getting a bag of money up front, it's not a legitimate nil contract it's just a bag man doing what bag men have always done.

I keeping hearing people talk about upfront money but I think they're people who aren't in the know. At the very least on paper they have to be NIL agreements to pay you x amount when you do media appearances, go to the local children's hospital, celebrity golf tourneys, all that stuff.

Since the only value to a collective is for the player to be playing at the home school to put them on TV commercials in the local area, and they will put the next player in those same commercials, it's going to be real hard to prove that there's any damage for them.
But wouldn’t you agree that one player has more value in being a money generator in marketing? So if that player leaves and they have to replace him/her with a player that is not marketable, it for sure affects the value.
 

Swamp Donkey

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But wouldn’t you agree that one player has more value in being a money generator in marketing? So if that player leaves and they have to replace him/her with a player that is not marketable, it for sure affects the value.
Hard to prove. Contract damages require hard numbers.
 

AlexDaGator

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Caveat: I dunno sh!t about the law in Arkansas.

His lawyer is generally correct about liquidated damages clauses.

We all know what Arkansas' damages are...if I sign QB X to an NIL deal, I can't sign QB Y to an NIL deal. If QB X dips, I'm stuck without a QB because QB Y signed with a different school. That's my real damages before QB X plays a single down.

Problem is, the NIL deal isn't supposed to be pay-for-play. We all know it is, but it isn't supposed to be. NIL is supposed to be for signing autographs at Toyotathon.

That will change with profit-sharing (currently being delayed because of the eligibility of walk-ons but that's another matter entirely).

For this to work for Arkansas, they will have to carefully navigate the fine line between pay-for-play and what NIL is supposed to be in theory. Something like "We signed you to an NIL deal to sign autographs at the Little Rock Toyota dealership; you have breached our personal services agreement and now we can't find another substantially similar local Little Rock celebrity to replace you with to mitigate our damages, thus our damages are difficult to determine and the liquidated damages clause applies."

Let me give you an analogy. Say you sign a contract with Steve Spurrier to open a steakhouse in Gainesville (not to play football). Spurrier backs out. How do you replace Spurrier? You can't. Zook's Steakhouse? Mullen's Steakhouse? It isn't quite the same, is it? Wuerffel's Steakhouse or Tebow's Steakhouse gets a little closer, but it's still not the same. On the other hand, QB X isn't Steve Spurrier. Ain't no field named after QB X. No statue outside the stadium. No rings. No Heisman trophy in the display case. He's a nobody. Why couldn't you replace him with some other 3 star QB recruit riding the bench? I'm rooting for Arkansas in this one, but that might be a tough row to hoe.


Alex.
 

Swamp Donkey

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For this to work for Arkansas, they will have to carefully navigate the fine line between pay-for-play and what NIL is supposed to be in theory. Something like "We signed you to an NIL deal to sign autographs at the Little Rock Toyota dealership; you have breached our personal services agreement and now we can't find another substantially similar local Little Rock celebrity to replace you
With straight face.

You have to do it without laughing or it'll never work.

I can barely read it without laughing.
 

PastyStoole

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It's a bold move to sue an 18 year old kid who has no money, for damages that don't exist.
 

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