Recruiting question | Bear Insider

PaulCali

11:52a, 5/5/24

Obviously, NIL plays a big part in transfer portal recruiting. Can it also be used as an incentive when recruiting high school players?
I apologize if this is a stupid question.

wc22

12:07p, 5/5/24

In reply to PaulCali

Yes. Some states like Missouri even allow paying high school recruits before they graduate.

01Bear

12:49p, 5/5/24

In reply to wc22

wc22 said:
Yes. Some states like Missouri even allow paying high school recruits before they graduate.

That's likely going to be something all states allow. There's no real reason to limit NIL opportunities to college kids but not high school kids, from a legal perspective. Before anyone argues that minors can't execute contracts, in many(most?) states, minors can execute contracts but may not be bound by them, which means they can breach the contracts without liability but not the party with whom they're contracting. More importantly, though, a minor's legal guardian/parent can execute a contract on behalf of a minor. Additionally, many college kids (including student-athletes) are minors; if they're allowed to enter NIL deals, then why not high school kids (or even younger kids)?

CALiforniALUM

7:14p, 5/5/24

What ever happened to the concerns high schools had in being implicated regarding CTE exposure? I know this is somewhat separate from NIL at that level, but it seems that the lowest level school systems have to be concerned about their contribution to life altering disease.

ducktilldeath

7:49p, 5/5/24

NIL has nothing to do with the transfer portal specifically, or rather has nothing more to do with transfers than it does HS recruits.

Bobodeluxe

9:00p, 5/5/24

In reply to CALiforniALUM

CALiforniALUM said:
What ever happened to the concerns high schools had in being implicated regarding CTE exposure? I know this is somewhat separate from NIL at that level, but it seems that the lowest level school systems have to be concerned about their contribution to life altering disease.

What's a "lowest level school system"?

CALiforniALUM

7:12p, 5/19/24

In reply to Bobodeluxe

Bobodeluxe said:
CALiforniALUM said:
What ever happened to the concerns high schools had in being implicated regarding CTE exposure? I know this is somewhat separate from NIL at that level, but it seems that the lowest level school systems have to be concerned about their contribution to life altering disease.
What's a "lowest level school system"?

The lowest level of schools that support organized football. I would assume that would be high schools.

concordtom

8:10p, 5/19/24

In reply to 01Bear

01Bear said:
wc22 said:
Yes. Some states like Missouri even allow paying high school recruits before they graduate.

That's likely going to be something all states allow. There's no real reason to limit NIL opportunities to college kids but not high school kids, from a legal perspective. Before anyone argues that minors can't execute contracts, in many(most?) states, minors can execute contracts but may not be bound by them, which means they can breach the contracts without liability but not the party with whom they're contracting. More importantly, though, a minor's legal guardian/parent can execute a contract on behalf of a minor. Additionally, many college kids (including student-athletes) are minors; if they're allowed to enter NIL deals, then why not high school kids (or even younger kids)?

Gee, this sounds like some good articles of kids ripping off their counter-parties is right around the corner! Ha! Should be entertaining.

Bobodeluxe

8:00a

Good story in The Athletic about NIL. One quote.

"NIL collective CEO 3: For the traditional nonprofit, we have a deal where you get paid a certain amount a month and you have to make a charitable appearance for the work that month. It's one appearance for a payment. If there are bonuses, he does more for that. We work out with local charities where five players will come to you this week. Some guys will help coach flag football games for local fatherless boys who want to see the players. That's an appearance. It's typically two to four hours in exchange for a payment from the nonprofit."

Tax write off. Ain't it great?

01Bear

8:40a

In reply to concordtom

concordtom said:
01Bear said:
wc22 said:
Yes. Some states like Missouri even allow paying high school recruits before they graduate.

That's likely going to be something all states allow. There's no real reason to limit NIL opportunities to college kids but not high school kids, from a legal perspective. Before anyone argues that minors can't execute contracts, in many(most?) states, minors can execute contracts but may not be bound by them, which means they can breach the contracts without liability but not the party with whom they're contracting. More importantly, though, a minor's legal guardian/parent can execute a contract on behalf of a minor. Additionally, many college kids (including student-athletes) are minors; if they're allowed to enter NIL deals, then why not high school kids (or even younger kids)?

Gee, this sounds like some good articles of kids ripping off their counter-parties is right around the corner! Ha! Should be entertaining.

I doubt that will happen as most people who do deals with minors are familiar with that loophole and will want to have a parent/guardian of the minor student athlete execute the agreement.