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
A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now post image

A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]

Author: Sean M. Pena

Link to post with title - "A Whistleblower Just Filed a Complaint Against Your Company: Here's What to Do Now"
Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses post image

Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]

Author: John D. Giampolo

Link to post with title - "Assignment for the Benefit of Creditors: An Alternative to Bankruptcy for Distressed Businesses"
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know post image

Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]

Author: George McGowan

Link to post with title - "Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know"
Estate Planning for Digital Assets Under New Jersey Law post image

Estate Planning for Digital Assets Under New Jersey Law

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]

Author: Marc J. Comer

Link to post with title - "Estate Planning for Digital Assets Under New Jersey Law"
The Role of Representation and Warranty Insurance in M&A Transactions post image

The Role of Representation and Warranty Insurance in M&A Transactions

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]

Author: George McGowan

Link to post with title - "The Role of Representation and Warranty Insurance in M&A Transactions"
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: Sean M. Pena

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"

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!