Big Ten schools are asking athletes to sign over their
NIL rights, permit universities to sublicense the rights to “any and all third parties,” and surrender any legal claim to employee status as part of the planned revenue-sharing structure, according to a copy of an agreement that was viewed by
Sportico.
The seven-page memorandum of understanding includes language that says schools will be reimbursed for some revenue already paid should an athlete transfer to a different school–or even enter the transfer portal–and allows the school to adjust the payment up or down as a reflection of the athlete’s performance. The MOU contains a morals clause; requires the athlete to be in good academic standing to be eligible to receive payments; and explicitly asserts the agreement is not “pay-for-play,” leaving the door open for the deal to be terminated without further payment should the laws change.
Separately, it establishes a set of “representations, warranties and covenants” that includes the seemingly contradictory promise the athlete “will not make … any similar commitment to enroll at and/or compete in athletics for another college or university.”