Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NFL Agent: Real Talk About Agents and Amateurism

Author: Scarinci Hollenbeck, LLC

Date: December 1, 2014

Key Contacts

Back

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.

New England Patriots 2005AFCWCP1
Pats1 at en.wikipedia [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL , from Wikimedia Commons

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.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"
Monmouth County's Next Development Wave: What Developers and Investors Need to Know post image

Monmouth County's Next Development Wave: What Developers and Investors Need to Know

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]

Author: Donald M. Pepe

Link to post with title - "Monmouth County's Next Development Wave: What Developers and Investors Need to Know"
Are Your Conversations with AI Shielded from Discovery? Courts Are Split post image

Are Your Conversations with AI Shielded from Discovery? Courts Are Split

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]

Author: Chris Seelinger

Link to post with title - "Are Your Conversations with AI Shielded from Discovery? Courts Are Split"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!