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Originally Posted by Sassy Snatch
Eh. This seems like he'll actually have a pretty easy time breaking this deal. But I know **** all about the intricacies of how that would work.
The original Florida NIL law, Senate Bill 646, included the following provision: "The duration of a contract for representation of an intercollegiate athlete or compensation for the use of an intercollegiate athlete's name, image or likeness may not extend beyond her or his participation in an athletic program at a postsecondary educational institution."
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You'll go down a business licensure rabbithole that I simply can't speak to at that point.
The contract terms will almost certainly contain a choice of law provision asserting any dispute will be governed by the law of X state (almost certainly not Florida). Now the other side of that coin is likely to be that there may be requirements to conduct business in Florida (i.e. registration requirements) that in some way invalidate those choice of law provisions - hard to say.
But I would think that a company that's in a position to pay an athlete $400K (and lets not act like that's not a pretty goddamn massive number for a college athlete that maybust out altogether) would also have the financial backing to make pretty sure they're on firm legal footing.
This is a contract offered in 2022 with an NIL statute passed in 2020. They had a couple years to make sure they had their ducks in a row.
I'm not gonna say 'oh poor Dexter' on this one - the guy got more money than many folks will see in their lifetimes. With the time value of money, this company will essentially break even over his rookie deal (That $430K with interest rates being what they are will double pretty easily over about 6 years) and there are precisely ZERO guarantees past that. And there were no guarantees BEFORE that rookie deal when the contract was offered.
It's the 2nd contract where there's any real return and in the meantime it's essentially an unsecured loan for nearly half a million.
Honestly, that's a business practice that, the math says, will not work over any prolonged period of time. It would take 2 or 3 bad investments to put a company like that underwater.