What does an agent who represents ASU athletes say about NIL and revenue sharing? I spent an hour talking with Peter Boyle (@boyle176) of @activate_mgmt about it for @SunDevilSource.
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I serve as legal counsel for many agents. Let me explain why the 5% agent cap in the Cruz-Cantwell Protect College Sports Act is bad policy.
It's a price control that fails to distinguish between lower-effort school or collective agreements and the far more labor-intensive work required to source, negotiate, and service genuine third-party brand deals.
Most true #NIL endorsement opportunities are modest in value. At 5%, an agent's compensation on an $8k deal would be $400. After accounting for the time spent identifying the opportunity, conducting due diligence on the brand, negotiating the terms, and providing ongoing fulfillment support, that figure doesn't come close to covering legitimate overhead or rewarding the expertise that separates competent representation from amateur efforts.
Agents who specialize in this space routinely operate at commission rates between 10-20% on brand deals because the work is closer to traditional talent or entertainment representation than to the union-capped commissions on multimillion-dollar pro player contracts.
A flat statutory ceiling also interferes with the freedom of contract that should govern the relationship between the athlete and advisor of his/her choice. If a high-profile QB with significant national-market potential wants to pay a premium for an agent who can deliver blue-chip corporate partnerships and manage a personal brand across multiple platforms, the market (not Congress) should set that price.
The cap risks driving experienced agents out of the NIL space altogether, leaving athletes to either go unrepresented or turn to less reputable operators who may skirt the rules.
Registration, mandatory disclosure of all material terms, fiduciary standards, and a robust private right of action against fraudulent conduct are legitimate tools for preventing exploitation. But the % cap misses the mark.
@WinterSportsLaw@chitown007@WEAVE I recently asked a couple of P4 womenโs coaches where I have athletes on their teams, how many agents do they work with across their two rosters? The answer? โJust youโ
@Darth__Devil Was just there with softball. Itโs all about NorthGate, thatโs where literally every local will tell you to go. Pretty much their version of Mill Avenue but closed off to pedestrians. The food everybody told me I had to try is a place called Dixie Chicken in North G. It was 10/10
Thank you to Arizona State and fans for the past 3 years. I will cherish all of the memories I have made. I am officially in the transfer portal for my graduate year! Contact me using the email below.
Email: [email protected]
True Story. The Heater @Burritoexp is a true NIL Deal and wouldnโt be the same without her. Sheโs family now and we appreciate everything she did for Sun Devil athletics. The Heater is still available at our brick and mortar locations๐ฏ
Donโt have the right words in moment, so just this.
@tanya_windle is everything you would ever want a Sun Devil to be. Ever.
Every bit of BS in this dumb NIL thing I do has been worth it because of her. Pleasure of my lifetime to represent the kid.
Thanks @BDenny29 for story
Nice to hear ESPN shouting out @SotDPodcast and the Tanya Windle Sitdown Series episode.
Few athletes (if any), in any sport, loved being a Sun Devil more than her.
Nice to hear ESPN shouting out @SotDPodcast and the Tanya Windle Sitdown Series episode.
Few athletes (if any), in any sport, loved being a Sun Devil more than her.