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
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
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"

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!