State of Missouri Allows High School Senior Athletes To Make NIL Money But Only If They Commit To In-State School

Kburjr said:
That's the contingency. If you don't stay in state, the NIL contract would be null and void and all funds paid out would be recoverable. Or, do I have a wrong interpretation of contract law? Admittedly, I have no training in the subject.
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The state isn’t a party to the NIL deal. So it’s not a contingency. It’s a state requirement to let you enter into a deal with a third party in the first place. There’s no mechanism for the state to recover anything if you refuse to sign with a Missouri state school because it’s not their money and they’re not a party.
 
jjc2009 said:
The state isn’t a party to the NIL deal. So it’s not a contingency. It’s a state requirement to let you enter into a deal with a third party in the first place. There’s no mechanism for the state to recover anything if you refuse to sign with a Missouri state school because it’s not their money and they’re not a party.
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I was speaking of the private providers of the NIL monies. The law provides the requirements to the player to enter in to such contract. If the player does not live up to those requirements, there cannot be a valid contract.
 
Kburjr said:
I was speaking of the private providers of the NIL monies. The law provides the requirements to the player to enter in to such contract. If the player does not live up to those requirements, there cannot be a valid contract.
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If that’s how it works then I’d be checking the state constitution right quick to see if there is a constitutional provision barring impairment of obligations under a private contract.
 
duckboy33 said:
Where did you see this? Every article I saw about the law says a LOI must be signed.
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Well, LOI's can't be signed until ESD, so that can't be true. The actual text of the Missouri act:

It provides that Missouri high school athletes may start inking NIL deals upon signing a letter of intent or other written enrollment agreement with an in-state college or university, thus incentivizing Missouri high school students to sign with in-state colleges and universities. Further, Missouri high school athletes may have conversations about earning NIL compensation prior to signing a letter of intent or other commitment (but may only receive NIL compensation after signing with an in-state college or university).

An LOI would work according to the express language, but the NCAA sets the rules for when an LOI can be signed. That's not until ESD day on December 20. Hence, the "other written enrollment agreement" language.
 
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WhosYourDawggy said:
Well, LOI's can't be signed until ESD, so that can't be true. The actual text of the Missouri act:

It provides that Missouri high school athletes may start inking NIL deals upon signing a letter of intent or other written enrollment agreement with an in-state college or university, thus incentivizing Missouri high school students to sign with in-state colleges and universities. Further, Missouri high school athletes may have conversations about earning NIL compensation prior to signing a letter of intent or other commitment (but may only receive NIL compensation after signing with an in-state college or university).

An LOI would work according to the express language, but the NCAA sets the rules for when an LOI can be signed. That's not until ESD day on December 20. Hence, the "other written enrollment agreement" language.
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I don't understand how that "can't be true". That would mean a recruit could receive NIL money after December 20th while they are still in HS.
 
duckboy33 said:
I don't understand how that "can't be true". That would mean a recruit could receive NIL money after December 20th while they are still in HS.
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Not following. I was responding to: "Every article I saw about the law says a LOI must be signed."

Per the language of the law, you can get NIL without or before signing an LOI. So to say "a LOI must be signed" can't be true.
 
Kburjr said:
Scenario:

Signs LOI in December
Enters into NIL contract
Enters transfer portal during freshman year.

It would seem to me the player is in breach of NIL contract.
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How is that a breach? The NIL had nothing to do with his enrollment.
 
Kburjr said:
That's the contingency. If you don't stay in state, the NIL contract would be null and void and all funds paid out would be recoverable. Or, do I have a wrong interpretation of contract law? Admittedly, I have no training in the subject.
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You have a wrong interpretation of contract law.
 
Kburjr said:
I was speaking of the private providers of the NIL monies. The law provides the requirements to the player to enter in to such contract. If the player does not live up to those requirements, there cannot be a valid contract.
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That's not how capacity works.
 
Hey if they can make a buck more power to them
 
WhosYourDawggy said:
Not following. I was responding to: "Every article I saw about the law says a LOI must be signed."

Per the language of the law, you can get NIL without or before signing an LOI. So to say "a LOI must be signed" can't be true.
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I wonder if the law later explained what an "other written enrollment agreement" includes or doesn't include. Every article I've read says that players aren't eligible for NIL compensation until the ESD.

Link

"The bipartisan legislation also allows in-state high school athletes to start earning NIL revenue once a written agreement is signed. Football recruits can start earning NIL money once they sign with an in-state school as early as December of their senior year."

This seems to be everyone's interpretation of the law.
 
jjc2009 said:
I dunno. I’d hold out for that payday for a year to NOT have to play for Missouri.
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Since they can't sign an LOI until Dec 20th, then it's not even holding out for a year.

High school seniors typically graduate mid/late May, so it's only a 5 month wait to sign elsewhere for NIL monies. What's the state's penalty for getting caught negotiating an NIL deal with another school anyway?
Nothing says these high school players have to sign an LOI on Dec 20th anyway. Just commit to your school of choice and don't sign an LOI until after you graduate. For whatever reasons there are a share of commits that don't sign LOI's on ESD in December or NSD in February.

That being said, I don't see this is wholly an NIL issue. Seems he just wants to play close to home so family/friends can attend his games. If there were elite teams closer to Missouri he'd be there, but there are no elite teams just a few hours away drive.

I contend that if this were the 70's, 80's, 90's, or even early 2000's he'd be a Nebraska commit. Nebraska poached some of the best Missouri players back then.
Lincoln is just a 3 hour drive to Lee's Summit, MO.
 
Here is the exact language in the Act:

16. (1) (b)A high school athlete shall have the right to earn or attempt to earn such compensation only after signing an athletic letter of intent or other written agreement to enroll in a postsecondary educational institution in this state.

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://documents.house.mo.gov/billtracking/bills231/hlrbillspdf/1211S.10T.pdf
 
duckboy33 said:
I wonder if the law later explained what an "other written enrollment agreement" includes or doesn't include. Every article I've read says that players aren't eligible for NIL compensation until the ESD.

Link

"The bipartisan legislation also allows in-state high school athletes to start earning NIL revenue once a written agreement is signed. Football recruits can start earning NIL money once they sign with an in-state school as early as December of their senior year."

This seems to be everyone's interpretation of the law.
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On the contrary, everyone is saying they can get paid now, not wait until November.

It's a poorly written article you cited, that say, "The bipartisan legislation also allows in-state high school athletes to start earning NIL revenue once a written agreement is signed." It goes on to mention getting paid as early as December, but that's where it is poorly written.

You can read the whole act ... I referenced it above.
 
michaeljordan_fan said:
You don't have an unconditional constitutional right to play high school athletics
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You can't put restrictions on freedoms given. Haha You do have a constititional right to try out for the team....they are trying to take that freedom away. They are dictating which teams he may or may not go to in the pursuit of his own happiness. That's not something you can put restrictions on...as soon as those restrictions get challenged in a court of law they will throw that law out.
 
michaeljordan_fan said:
Also, the US Constitution does not mention a "right to happiness".
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It does mention a pursuit of it though moron. If they tell him he can't pursue his happiness of attending a certain school then they are in fact preventing his pursuit of happiness. You lose again!
 
Bayou Tiger said:
It does mention a pursuit of it though moron. If they tell him he can't pursue his happiness of attending a certain school then they are in fact preventing his pursuit of happiness. You lose again!
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That’s the Declaration of Independence.

The constitution says
“nor shall any State deprive any person of life, liberty, or property, without due process of law”


In general, I’m against anything Missouri does on principle, but that goes back to the Big 8
 
Bayou Tiger said:
You can't put restrictions on freedoms given. Haha You do have a constititional right to try out for the team....they are trying to take that freedom away. They are dictating which teams he may or may not go to in the pursuit of his own happiness. That's not something you can put restrictions on...as soon as those restrictions get challenged in a court of law they will throw that law out.
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You keep using this phrase. This is not in the Constitution.
 
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