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201-896-4100 info@sh-law.comNFL Agent: Real Talk About Agents and Amateurism
Author: Scarinci Hollenbeck, LLC|December 1, 2014
For NFL-bound college football players, walking the thin line between acceptable screening of agent candidates and violating NCAA amateurism requirements is often a difficult prospect.
NFL Agent: Real Talk About Agents and Amateurism
For NFL-bound college football players, walking the thin line between acceptable screening of agent candidates and violating NCAA amateurism requirements is often a difficult prospect.
This problem is not made easier by the countless agents in the industry who won’t hesitate to risk a player’s potential career by making offers that violate these requirements in order to get a leg up on competing agents.
While there is no reason to delay speaking with agent candidates prior to a player’s last college game, NFL-hopefuls and their families need to be careful not to accept an offer that crosses the line.
Illicit offers
Under the NCAA student-athlete amateurism rules, it is strictly forbidden for players or their families to “accept a benefit from an agent or runner.” If this sounds extremely broad, that’s because it is meant to. Any benefit whatsoever is disallowed before a student-athlete plays his final college bowl game.
Anything from a little bit of extra help paying for food and rent to the several thousand-dollar lump sum contracts that players have mistakenly signed while still in college can constitute “benefit” and disqualify a player from competing in the NCAA. While such a disqualification may not technically bar a player from NFL draft eligibility, the black mark it places on him may significantly damage future prospects.
Other peripheral consequences may be damaging as well. Players have been kicked off of college teams, lost their athletic scholarships or declared ineligible to attend their chosen college. Recently, former USC running back Reggie Bush was forced to return his 2006 Heisman trophy.
Sponsorship deals
An important function of the agent-player relationship is the arrangement of sponsorship deals. While no money is traveling directly from the agent to the player in the case of a sponsorship deal, players are also not allowed to “promote a commercial product or service, regardless of pay.”
While it may seem obvious, it bears repeating that players must avoid taking money for things like advertising or even celebrity appearances. In the past, players have been disqualified for breaking rules that they were not even aware of.
Marketing Guarantees
There is one form of agreement that is allowed – the marketing guarantee. These agreements are infamous in agent circles, as they allow the most profitable agencies to gain a legal edge in acquiring the top players.
Essentially, a marketing guarantee is an advance against future marketing income on the player’s brand. This is an interesting tool, because it leaves the agent or agency on the hook for any marketing income that does not get secured. For this reason, only the top agencies use this tactic and they tend to offer it to players who are likely to be first-round picks.
Unfortunately, the world of professional sports representation is extremely competitive, and this gives rise to individuals who will do anything to sign a player. As a student-athlete or family member, it is easy to be tempted by an agent who is willing to put money on the table right away. Remember that getting caught for an amateurism violation may not cost the agent much more than the money that he or she put down up front, but it can cost a potential NFL player his entire future.
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NFL Agent: Real Talk About Agents and Amateurism
Author: Scarinci Hollenbeck, LLC
This problem is not made easier by the countless agents in the industry who won’t hesitate to risk a player’s potential career by making offers that violate these requirements in order to get a leg up on competing agents.
While there is no reason to delay speaking with agent candidates prior to a player’s last college game, NFL-hopefuls and their families need to be careful not to accept an offer that crosses the line.
Illicit offers
Under the NCAA student-athlete amateurism rules, it is strictly forbidden for players or their families to “accept a benefit from an agent or runner.” If this sounds extremely broad, that’s because it is meant to. Any benefit whatsoever is disallowed before a student-athlete plays his final college bowl game.
Anything from a little bit of extra help paying for food and rent to the several thousand-dollar lump sum contracts that players have mistakenly signed while still in college can constitute “benefit” and disqualify a player from competing in the NCAA. While such a disqualification may not technically bar a player from NFL draft eligibility, the black mark it places on him may significantly damage future prospects.
Other peripheral consequences may be damaging as well. Players have been kicked off of college teams, lost their athletic scholarships or declared ineligible to attend their chosen college. Recently, former USC running back Reggie Bush was forced to return his 2006 Heisman trophy.
Sponsorship deals
An important function of the agent-player relationship is the arrangement of sponsorship deals. While no money is traveling directly from the agent to the player in the case of a sponsorship deal, players are also not allowed to “promote a commercial product or service, regardless of pay.”
While it may seem obvious, it bears repeating that players must avoid taking money for things like advertising or even celebrity appearances. In the past, players have been disqualified for breaking rules that they were not even aware of.
Marketing Guarantees
There is one form of agreement that is allowed – the marketing guarantee. These agreements are infamous in agent circles, as they allow the most profitable agencies to gain a legal edge in acquiring the top players.
Essentially, a marketing guarantee is an advance against future marketing income on the player’s brand. This is an interesting tool, because it leaves the agent or agency on the hook for any marketing income that does not get secured. For this reason, only the top agencies use this tactic and they tend to offer it to players who are likely to be first-round picks.
Unfortunately, the world of professional sports representation is extremely competitive, and this gives rise to individuals who will do anything to sign a player. As a student-athlete or family member, it is easy to be tempted by an agent who is willing to put money on the table right away. Remember that getting caught for an amateurism violation may not cost the agent much more than the money that he or she put down up front, but it can cost a potential NFL player his entire future.
