In Reply to: Arkansas wants their money back, and they should get it posted by TheHappyBurgermeister on April 23, 2025 at 17:27:02
pretty much repeats what I said below.
Equates a buyout clause to a liquidated damages clause, and said that the amount of the buyout must be a reasonable estimation of the damages that would be incurred, not a penalty.
If Madden Iamaleava’s contract would require him to pay back 50% of its remaining value, perhaps $200,000 in liquidated damages, Arkansas Edge would have to show why that is a reasonable estimate of damages.
"Winter said if a court finds that amount to be more of a penalty than a reasonable estimate of damages, the buyout would be unenforceable."
Also said that players are compensating their (former) team when leaving, it's just being done quietly: "White said collectives have been mostly successful quietly coming to settlement terms with athletes who leave — which, according to New York-based employment attorney Dan Ain, is advantageous to both sides."
And, dude from PSU agrees w/ me. I've been saying NIL deals should be backloaded. Most of the money is paid at the end of the season. He favors incentive-based contracts contingent on in-season academic and athletic performance.
“If more money is paid out in those time frames, that gives incentive for the player to stay and see those dollars from their contract, rather than potentially collecting up front and then deciding the grass is greener somewhere else three months later,”