August 29, 2025 • 93 mins
We’ve talked about power, policy, and the players. Now, we talk about positioning and how to move from surviving NIL to owning it through strategy, team, and action.
Seek ELLAvation® is available on all major podcast platforms. ---
Replay the whole NIL Series: Over four powerful segments, we traced the real story of NIL—not just the headlines, but the history, battles, and strategies shaping the future of college athletics.
📚 Segment 1: From Shadows to Spotlight – How We Got Here We started with the foundation, uncovering the legal fights and overlooked voices that cracked the NCAA’s hold on amateurism and made NIL possible.
⚖ Segment 2: Cracks in the System – Alston & Beyond We stepped into the courtroom, with Alston, and saw how legal wins shifted power, sparked chaos, and opened doors faster than athletes and institutions were prepared to walk through.
🏛 Segment 3: Power, Policy & The Players – After the Impact We examined the tug-of-war between states, the NCAA, conferences, and collectives, diving into the House Settlement and possible federal law and the policies shaping (and stalling) NIL’s growth.
💼 Segment 4: Ownership Over Opportunity – What’s Next for the Future of NIL? We closed with the call to action for athletes to move from participation to ownership—leveraging NIL for long-term value, protection, and legacy. And for the teams of playing field, off the track, off the court to step up and make this a win/win.
Seek ELLAvation® is available on all major podcast platforms. ---
Replay the whole NIL Series: Over four powerful segments, we traced the real story of NIL—not just the headlines, but the history, battles, and strategies shaping the future of college athletics.
📚 Segment 1: From Shadows to Spotlight – How We Got Here We started with the foundation, uncovering the legal fights and overlooked voices that cracked the NCAA’s hold on amateurism and made NIL possible.
⚖ Segment 2: Cracks in the System – Alston & Beyond We stepped into the courtroom, with Alston, and saw how legal wins shifted power, sparked chaos, and opened doors faster than athletes and institutions were prepared to walk through.
🏛 Segment 3: Power, Policy & The Players – After the Impact We examined the tug-of-war between states, the NCAA, conferences, and collectives, diving into the House Settlement and possible federal law and the policies shaping (and stalling) NIL’s growth.
💼 Segment 4: Ownership Over Opportunity – What’s Next for the Future of NIL? We closed with the call to action for athletes to move from participation to ownership—leveraging NIL for long-term value, protection, and legacy. And for the teams of playing field, off the track, off the court to step up and make this a win/win.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:11):
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Speaker 1 (01:44):
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Speaker 2 (01:46):
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extremelyflict man.
Speaker 4 (02:03):
Welcome, Welcome to another segment of the Seek Elevation Experience
with yours truly, Attorney Alokisha.
Speaker 5 (02:16):
I am an attorney, but I will not be giving
you legal advice. When I talk about anything legal.
Speaker 4 (02:23):
I am giving you legal education, and I want you
to take the education and to dig more, dig deeper,
learn more, and if you do need legal advice, to
hire an attorney to give it for your specific situation.
Speaker 5 (02:39):
But right here on seek elevation.
Speaker 4 (02:41):
I do use my experiences, my knowledge combined together because
this is where real issues and real people and real
conversations takes in their stage. And a lot of times
I lead those conversations from other individuals, and a lot
of times I show up.
Speaker 5 (03:00):
And I am delivering those conversations. But right here is where.
Speaker 4 (03:06):
We give a stage for voice, because change doesn't happen
in silence. And we'll talk about all types of empowering
things for us to transition, transform from sports and entertainment
to business and community. We elevate voices, and we elevate
voices that definitely needs to be heard. But again you
(03:27):
keep hearing me say, we talk, we talk, we talk.
We don't just talk, we do empower, We inspire, we
challenge the status quo, and I highly encourage that we
also connect. You know, there's nothing greater than There's a
lot of things greater than, but this is great when
you can find like minded individuals, especially in our times,
(03:50):
when you can find individuals that are that have similar interests,
similar drive, and you can connect with them and you
can learn from each other because we all bring our
uniqueness into everything. We all have our unique experiences, which
shapes our unique perspectives. But when we have the commonality
(04:12):
of whatever it may be, and we bring our uniqueness
together within that commonality, that's where change happens.
Speaker 5 (04:19):
And so I encourage to connect through seek elevation.
Speaker 4 (04:24):
What are we doing today? We are on the backstretch.
We ran a four hundred meter race. We went through
the first three laps already and we are now on
the back stretch. This is the final segment, Segment four
(04:48):
of the NIL Era in College Sports four part series.
Segment one, we talked about the foundation of name, image
and likeness. That's what NIL is, name image and likeness
and college sports. We talked about the foundation of it,
and then we moved on from the foundation to pretty
much the framing of name, image and likeness. And then
(05:12):
last week we talked about the house settlement. So we
went from foundation framing to building the house. And this
segment wrapping it all up, we're gonna talk about now
owning it, owning what has been built. And when I
say owning it, I mean on different levels owning it
(05:32):
truly understanding what ownership means and how that can apply
in this era for college sports. But also owning it,
meaning that you take accountability for your actions and your knowledge. Right,
we have to own it. I don't care what side
you are on, whether you're the athlete someone supporting the athlete,
(05:55):
you have to own being competent.
Speaker 5 (06:00):
That has been the theme throughout.
Speaker 4 (06:02):
We already know control is gonna already, it's there, it's
been there, it's there, but competency not so much.
Speaker 5 (06:12):
So we need to own it as ownership, and we
need to own it as having.
Speaker 4 (06:18):
Accountability and positioning ourselves to move in this error correctly
because there is no rewinding.
Speaker 5 (06:26):
We're not going backwards. Where we're going to end up
landing not sure, but.
Speaker 4 (06:32):
You can put yourself in a position to be prepared
for wherever that is, or better prepared for wherever that is. So,
if you know anyone that's in the nil space other
than yourself, if you know parents, coaches, athletes, anybody that
needs to hear this, please share it with them and
(06:54):
let them know that it's four parts. If you are
just tuning in today, just follow along with what we're
talking about. But if there's something that you do not understand,
go back and listen to one, two, and three, because
they all build upon each other.
Speaker 5 (07:10):
So let's go. Let's go ahead and get ready to
get started.
Speaker 4 (07:14):
I know I do have a lot of adult learners,
and we know that attention, especially when we talk about
certain topics attention span, we have to cater to that,
and I want no excuses. So I did mention in
the beginning that I am an attorney, but delivering this
(07:39):
conversation to you all, it's not just from the perspective
of an attorney at all. It is also from the
perspective of being a former Division I collegiate athlete at
a Power five school, a coach, an elite aff lead,
(08:01):
all those things. So I get it, I really really do,
all right, So let's jump in.
Speaker 5 (08:11):
Before I do.
Speaker 4 (08:12):
Though, if you're following me on any social media platform,
well really ig and LinkedIn, I believe I did just
make up.
Speaker 5 (08:18):
I just post something yesterday. It's an issue.
Speaker 4 (08:25):
That the College Sports Commissioner INCAA and NIL goal is
having right now, and that's going to also be a
common theme in this NIL era is as things are
pushed for, it just appears that they're not always thought
through all the way, or possibly they thought through to
(08:50):
the edge as far as one mind can perceive and
it may take a situation in order to say, ooh,
we didn't make provision for that. Now it has stretched
our edge. Our edge is no longer here, it has
moved all the way out. Well that is the case.
So I mentioned the nil go last segment, and.
Speaker 5 (09:13):
That is the entity.
Speaker 4 (09:14):
Well Deloitte is the entity, but nil go is what
they have established as the checking balances for these nil deals.
And any nil deal that is worth six hundred dollars
or more triggers it to be checked by the nil GO.
(09:40):
So yes, you have to inform your college and all
that good stuff of these deals.
Speaker 5 (09:46):
But nil go is a separate.
Speaker 4 (09:52):
Creation of checking through these deals to make sure that
they adhere to the standards, especially not being pay for play,
making sure their fair market value.
Speaker 5 (10:04):
And that's if the.
Speaker 4 (10:08):
Contract the deal was created or involves an associated into
tier individual. If it doesn't involve an associated into tier individual,
then it still has to be reported to NIOG, but
not necessarily go through all of the checks and balances.
(10:28):
An example of an associated interoiteer or individual is a
college collective and some booster clubs, so that.
Speaker 5 (10:37):
That is associated.
Speaker 4 (10:39):
So most of these deals that were curated especially with
all the collectives that WAR put together, and I talked
about that in a previous segment, was put together. A
lot of these ideal NIL deals were identified or created
through these collectives, So a lot of these contracts not
(11:00):
only had to be reported, but had to go through
these checks and balances through NIL go. Well, the issue
there is six hundred dollars is not a lot. So
even if some athletes in different sports were struggling to
get NIL deals, right because a lot of people say,
(11:22):
we'll just depend on the sport more than likely a
revenue generating sport, those athletes who shine are gonna get
those very very very lucrative deals, especially monetarily, even if
they're not a complete shine, if they're part of them
sports those particular sports. Well, there's a lot of different
athletes that got lucrative deals in different sports.
Speaker 5 (11:45):
However, lucrative that's subjective, right, But I can say.
Speaker 4 (11:55):
Maybe six hundred dollars is not. I think six hundred
dollars you're able to get. And so when you're thinking
about these athletes who get these deals, and they're getting
them for six hundred dollars or more across various sports,
(12:18):
and that triggers the check through nil go. You have
to think about that may be a lot of a
lot of deals, a lot of deals, and mind you,
it has to go through the check in order to
get approved. So if a contract or a deal is
not approved, the athlete and the third party can't move
(12:42):
forward on whatever that contractual agreement is. You're waiting to
get the thumbs up. So you see where I'm going.
Speaker 5 (12:50):
I hope.
Speaker 4 (12:52):
You have all of these contracts that were already established,
ones that were being established triggering this process, and the
college sports commissioner that third party entity was just put
together Deloitte's over nil go. But that was just put together.
(13:17):
Deloitte did something totally you know, other stuff manpower. How
was it going to be possible to check all these
contracts that triggered the six hundred dollars minimum that was
(13:39):
curated or identified involved an associated individual or entity within.
Speaker 5 (13:46):
A timely fashion. If it wasn't a whole bunch of people,
big big team.
Speaker 4 (13:59):
You had the supply and demand seem like it was
off right supplying these contracts or demanding these contracts and
supplying the human power.
Speaker 5 (14:10):
And that is exactly what the issue is. Now you
have contracts that are in what they call purgatory.
Speaker 4 (14:19):
There were reported at least at least five thousand contracts
that have been cleared. Sounds like a lot, but that's
a drop in the bucket when you think about how
many contracts actually had to be submitted. And we got
football season right upon us right, And a lot of
times when you are a corporation of business, anyone who
(14:42):
is identifying that I want to use this name, image
and likeness.
Speaker 5 (14:48):
For my benefit. A lot of times you're going to
do that.
Speaker 4 (14:51):
Especially when the season is going to kick in for
that particular sport and you want it to be done.
When that season is there, you can ride on that hype. Well,
when you have contracts sitting waiting to be approved in
(15:13):
a season about to approach, there's a problem. And that
problem is called the possibility of lost opportunity because if
you cannot deliver to me what I sign up for,
then I have to move on to the next So
(15:36):
that has to get fixed. Not sure what they're doing
in the meantime to get it fixed. One of the
things I did mention in my post was what about AI. Right,
we're all talking about artificial intelligence, large language models, things
that we're using now, and I do present on that,
you know, I present educational panels things and talk about
(16:01):
AI and the law, and of course when you use
it responsible, responsibly and we really understand it, it's a
useful tool, very useful one that I use as long
as you understand it and use it responsibly. So I said, well,
what about AI helping in this? How is there a
way to train artificial and intelligence to help with these contracts?
(16:22):
And then my second thought was, and how do you
make provision for any biases though, because that was already
going to be an issue when we're looking at One
of the reasons to not approve the contract was for
fear market value.
Speaker 5 (16:39):
The question was, how are you determining that.
Speaker 4 (16:41):
Yes, they did mention that they're going to look at
all contracts and athletes that are similar similarly situated and
talent and sport, but.
Speaker 5 (16:51):
That's still that's that's maybe a starting ground.
Speaker 4 (16:54):
If I'm a corporation and for instance, I see an
athlete that is similarly situated, is another athlete, same sport
and all that, it may be some other reason that
I want to offer this particular athlete more. It could
be something that is an amazing fit with my company
with this athlete. That tells the story the way I
(17:16):
need the story to be told. It have nothing to
do with all the other stuff. That other stuff was
the reason why I may have been attracted to the athlete.
But to really solidify this deal is because this story,
my story, my purpose.
Speaker 5 (17:31):
Can only be told or shown the way I wanted
to for this athlete.
Speaker 4 (17:36):
So how does that fit into the equation of fair
market value? So it's already some subjectivity that we're dealing
with there when we're looking at these contracts and deciding
what to prove and not approve. But that's something to
think about because if they don't get this together and
we start hearing more situations about lost opportunity guarantee, we're
(18:01):
gonna hear a lot more lawsuits. There's more lawsuits in
a pipeline. So we're already dealing with Title nine, We're
already dealing with employee employer. We're already dealing with those things.
And now it may be added on here that wasn't
foreseen but probably should have been. I'm losing opportunity because
(18:22):
of this process that you all put in place that
I have to adhere to. So something to think about,
and I wanted to put that on your radar because competency, right,
that's our theme of this four part segment. That's something
I'm giving you a nugget to say, let me go
look more into this so I can be prepared for
that whatever side of the NIL situation that you're on.
(18:51):
So where does NIL go from here? From the House
settlement that we actually talked about, Well, remember we talk
about federal law and if federal law pass these are
things I want you to think. I'm mention these things
and I want you to really I hope you jotting
them down or if you have great memory logging in
(19:15):
your memory. But where were going? I want you to
think about federal law. We are looking at that. We're
looking at the Score Act that was presented. We talked
about that in the previous segment. We have executive order
in place right now until that can pass. Remember we
talked about the federal law. It's on the House floor.
Nothing's going to be done yet until they resume and
fall to see where that goes. If it passed the
(19:37):
House and it has to go through the Senate, but
we don't know how far it's going to go. But
let's just say this federal law passes, and if it does,
that means we're dealing with NIL and uniform standards. Because
remember we're dealing state by state now, and with that,
we're dealing with some states whose law was repealed, meaning
(20:00):
was it stood for a certain amount of time and
it ended at a time It gave a reason or
a date of when it would end, and for some
states it reached that reason or date, including Georgia where
I'm at, it reached that. So if federal law passed,
will have these uniform standards. If we have these uniform standards,
(20:24):
which is something I strongly am a proponent for, I
do want it. The only thing that I'm on the
edge of my seat about when we talk about federal
laws for the NIL is what is actually going to pass,
What has been marked up from the original submission of
this federal law, what has been marked up, what needs
(20:45):
to be changed, what's going to be kept?
Speaker 5 (20:48):
How will it land? Will it land to?
Speaker 4 (20:51):
Will it to where it puts an extreme amount of
control in one hand and we still end up back,
you know, where we started. Or is it something that
is a win win across the board, that's the only
thing I'm concerned about. But I definitely am one of
the proponents for federal law because it would make all
(21:12):
of our lives easier if there are uniform standards. Secondly,
when we talk about federal law, especially when it comes
to legal representation, it makes our lives easier because now
unless you are barred in all fifty states and all
that good stuff, with federal law, you can represent these
(21:36):
athletes because you're representing based on a federal law. If
a state it has to be a state in which
you are licensing, you may have to just deal with
so many different attorneys if you're not licensed there.
Speaker 5 (21:44):
So I want it for that reason too.
Speaker 4 (21:47):
And also when it was state laws, federal law said,
I don't want it consolidated, all the power consolidated in
one hand. But when it was state laws, it was
so all over the place. Which we talked about different
states just for different Some could be strict, some could
be lenient, Like I said, some didn't even deal with
it at all. And you literally can have an athlete
(22:11):
go from college to college and cross state lines and
have to think about something totally different than where they
were at before. I really, I mean I don't want
to still be there for the sake of the athletes
and the coaches and the supporters of the athletes. So
we'll have a national oversight body if federal law passes,
(22:32):
and I'm all for it. If nil remains in the
hands of the state, I strongly believe we will continue
to see patchwork of policies because I don't see each
state being uniform. It never It wasn't to begin with.
Speaker 5 (22:50):
It's not like these state legislators got together and say,
what are you gonna do? You're gonna do to do it? Okay,
let's all try to figure out make it look you know,
let's mirror each other. That didn't happen.
Speaker 4 (23:01):
I don't see that that's not going to happen, right,
So we'll still see these patchwork of policies where now
athletes and their supporters will have to understand the state
laws in which college they are interested in attending.
Speaker 5 (23:15):
They have to really understand that.
Speaker 4 (23:19):
Again, depending on what the federal law look like, it
could be an advantage to keep his state then, So
that way it's not all power consolidating one hand. I mean,
we figure out the patchwork policies. More work, more study,
you know more understanding. Okay, it is what it is,
so maybe you know that's advantage to look at, but
(23:40):
there can also be disadvantages again solely based on the geography.
And for some schools, they felt that was very hard
to competing right, Like it was like depending on the state,
we feel like this state or this school may be
more attractive to an athlete because of the totality of
the state situation, where ours may be less attractive because
(24:02):
of the totality of the situation, but it may be
the best fit for the athlete when it comes to
their athletic talent or even maybe their interests academically. But
we can't compete with this other state based on everything else,
so they may gain more opportunities in our other state
and they're just focused, solely focused on the opportunities. So
that's what happened for's state hands. So pay attention, so
(24:23):
federal law state hands. And then we also have to
look at this House settlement. We know, dealing with this
House settlement, we're at least looking at the next ten years.
Speaker 5 (24:37):
So all of the terms that we're agreed.
Speaker 4 (24:40):
To in the House settlement, and although they have to
flush them out such as the nil go that I
just mentioned and some other issues which ties into the
federal versus the state with this House settlement, if it
remains in the state hands, then although the plane of
a time erneys, you know, the student athletes that represented
(25:02):
this class action for all of the Power five schools,
Power five conferences, and all of the colleges Division one
colleges that decided to opt in. Because the House settlement
was really for applied to the defendants of this case,
which is the NCAA of course, and the Power five conferences.
(25:24):
But if any Division one school decided to opt in,
then they can get benefit from the House sediments or
benefits from the House sediment terms. So if the state
end up keeping control, then some of these terms are
going to be litigated. They're going to be fought again.
(25:45):
We talked about the title nine. There's things that's going
to be a consistent issue. What has happened is that
there is a contract that was circulated amongst these institutions
to be signed if they're going to op in with
the House sedtlement or automatically going to be bound to
(26:07):
the House Sedtlement, that they cannot be sued. The college
Sports Commissioner cannot be schools sued for enforcing the terms
of the House Settlement. And the reason why that contract,
that draft contract was circulated and being reviewed and I'm
not sure if they finalized it yet, but that is
(26:27):
what was put out there on the table, was because
if it remains in the state hands, then the state
can push people can push against some of these terms
through the states, and they don't want to be sued.
But if it's federal, Federal already addressed some of these issues,
They already addressed that they're empowering the governmental forces. When
(26:51):
it comes to the Title nine, they're demanding to finally
resolve this employee employer issue.
Speaker 5 (26:58):
So if it goes to federal that it also helps
House state may hurt House. Federal.
Speaker 4 (27:04):
We're more than likely help the House Settlement terms, but
we know for the next ten years we're dealing with
the terms of House Settlement. So those are three things
that you really need to have on the top of
your list. If you're in this nil space is saying, hey,
I need to follow and make sure I understand if
federal law is going to take over or if it's
(27:26):
going to remain in state hands, and if so I
already know this house sediment is, you know, bound to
these institutions for ten years, and that can possibly look
different for my athlete or from the athlete for myself,
depending on where it's going. So we're at a very,
(27:47):
very a point of a lot of tension. But this
is a great point for you, for you to dig
in and to actually get ahead. Right, there's a difference
between access and accountability and potential and pepper preparation, and
(28:08):
the difference between those two is competency. As long as
you're competent and you, you know, start understanding this. Well,
speaking of which, good segue to this whole educating You
know the athletes, right, so we know the athletes are
at the center of nil and this has been a while,
but many are still you know, underinformed about how to
(28:32):
navigate it.
Speaker 5 (28:34):
So what about pay?
Speaker 1 (28:37):
Right?
Speaker 5 (28:38):
What about how do you.
Speaker 4 (28:41):
Look at how should my athlete get paid? Or the
athlete how should I look at getting paid? If first
of all, they do have relationships with other individuals at
those schools that have been around them, that have either
went through the system and graduated or there, and they're
willing to share all those things are case by case
(29:03):
it's good to just be informed right least if you
have no knowledge at all, to get some type of information,
but just start flushing out what is your value AD
based on that particular deal, what is your value AD,
and then you can curate your value ASK. I say,
(29:26):
look at hiring people as well. Yes, you may get
an agent. And even right now, right especially through the
house settlement, the institutions themselves can now offer these nil deals.
Speaker 5 (29:39):
They can share through revenue.
Speaker 4 (29:41):
They have a cap of how much they can share out,
but they can offer these nil deals. I don't care
if it's the school or third party. You have to
have the right conversations. The only way to start with
the right conversation is understanding your value AD and then
you can put out your value ask. But also build
teams around you. Even though the schools can provide some
(30:03):
type of support with nil deals. What I always advise
individuals is you want somebody on the outside right. This
is in every area, So me as an attorney who
also deal with creatives like individuals and entertainment industry, especially
(30:26):
when it comes to like say music, you'll have some
individuals that will sign deals and be in the boardroom
with the label that they're signing with, and there'll be
an attorney there that's supposed to explain and guide and
all that. And what I always tell them is who
brought the attorney to the table, that's whose best interest
(30:50):
is in mind. When it comes to legal right. One
of our duties, are ethical duties, is to provide, of course,
the best representation, meaning you know, competent, but also have
our clients' best interests in mind, have our client's best
interest in mind. There's no way I can have anyone
(31:14):
else's interest in mind if it conflicts or is slightly
in any way different than my clients, because I have
to have my client's best interest, not better. So whoever
brings me to the table, it's my client, that's who
best interests I have in mind. There's times my client
may say, okay, I want what this person's say is
(31:36):
saying or whatever, and that may end up being, you know,
a great interest for the other party. But that's because
that was my client's best interest. It's the same thing
I tell the entertainers. Don't say a lawyer was there.
Speaker 5 (31:49):
A lawyer was there.
Speaker 4 (31:49):
A lawyer may even talk to you about the situation
prior to talking to you, the conversation was with who
the client is and what their best interest is.
Speaker 5 (31:57):
It's the same thing here. So although you have individuals
that say they can guide you or talk to you
if you're.
Speaker 4 (32:07):
If they're representing a separate entity, we clearly see that
right because we see the court cases. It's not like
the institutions are standing on the side of the athletes.
Institutions are standing, conferences are standing with NCAA. They're always
on the opposite side here. So, yes, it's great that
they're told you have to do these things to guide
or whatever, but at the end of the day, the
(32:29):
best interest of whoever that individual is representing has to
be who they work for. So this is why I
tell athletes, even when you're dealing with your institutional they
have the departments, they can tell me that that's great,
but you have to build your own two kid as well,
get these teams. And so some people may say, well,
what does that look like? How do I hire these
(32:50):
outside teams? Because you're right, there's so many people you
have agents or whoever you may hire, maybe hiring from you,
all one fees and percentages and all that. Well, because
you stepped into this game, you have to know how
to just ask. I mean you get knows, you get
know's whatever, but you have to know to ask what
(33:10):
is fitting for your situation. Some negotiate fees. Some people
fees are non negotiable. Ask if there is an opportunity
for flat fees versus if some professions.
Speaker 5 (33:28):
Offer hourly fees.
Speaker 4 (33:30):
Acts if there are contingency fees meaning contingency fees meaning
I pay when this comes in like it's contingent upon
landing this situation, and your fee is tied to landing
this situation. Outside of asking how to navigate hiring someone
(33:50):
in their specialties, also have the conversations of what is
the fee for. As you're hiring your team, you want
to make sure you're at it value to you your team.
These individuals that you are hiring, they think of them
like partners in your business. This is your business. You're
(34:10):
bringing on partners, you're bringing on investors. You're going to
identify partners or investors in any regular business the same
way you would do here. How does this partner investor
add value to me? And it has to be beyond
a title. The title the role may get you to
(34:32):
who you actually identify, but then that conversation has to
go deeper.
Speaker 5 (34:37):
What is your fee for?
Speaker 4 (34:39):
How is that value add So you want to ask
those specific questions as you're building your team.
Speaker 5 (34:46):
So it is possible to build a team, you just
have to you have to ask.
Speaker 4 (34:49):
You can't just say, Okay, an accountant, I need that,
and is this? An attorney is that?
Speaker 5 (34:56):
And I need this? An agent is that? And I
need this? Oh, but I can for you have to
say I need these things.
Speaker 4 (35:01):
These are things I need first of all, prior towards
prioritize what you actually need. Then say, I might identify
individuals in this area, and then I'm going to have
the conversation that needs to be had with these individuals
in the area and whoever's a fit for you as
a fit. So I may say yes, may say no.
Like for me, for instance, by fees are no negotiable,
so I'm not negotiating fees, but for some they may.
(35:26):
But for me, I don't do hourly, I do flat.
So there's a lot of different things there. You have
to find who is a fit for you, But you
need to find that fit in the direction that we go.
We need to find that fit and not depend on
one lane. Nor should athletes depend on just their institution itself.
(35:48):
So next we're shifting to ownership. Right that I mentioned earlier,
We're not it seems like this conversation, it's not even
gonna say it seems like this. We're all going to
be honest. Who's listening and who's a part of the
NIL space. The conversation is centered around.
Speaker 5 (36:08):
Profit. That's what it is. Bottom line is centered around profit.
Speaker 3 (36:14):
We have some.
Speaker 4 (36:14):
Outliers, but we're really focusing on profit. And I don't
care what side you're on. We're focusing on profit. When
it's an athlete and I want to get on an
ideal I can make some money if someone supporting it.
Speaker 5 (36:26):
I want to land an athlete that we can make
some money. So it's always around profit, but all sides
can win.
Speaker 4 (36:32):
When it comes to even ownership, we all need to
be thinking about, you know, the longevity of the situation,
not just the knockoff of the deal. So it's not
just about profit, but it's about positioning. So as we
continue to shift here more so when things are laid
out the way they're laid out a little more clear,
let's shift our mind from thinking about profit to positioning
(36:53):
positioning an athlete, positioning yourself and really make sure that
the athlete understan stands this trajectory and not to get
distracted by all the other stuff, like this is a
huge deal, not just again keep repeating, it's not just
gonna make a lot of money. This is a huge deal.
This can be life changing for everybody. And so what
(37:16):
are some of the conversations that you should have with
these athletes when we're talking about trajectory and even thinking
about for yourself, especially if these things are not in
order right now and you're dealing with athletes, you have
to start thinking about what it says name, image, and likeness, right,
that's what we're talking about. More so, feel new in
(37:37):
this space, but always been I mentioned that before. Well,
what about protecting it at the highest level? What about
protecting your name, image and likeness at the highest level?
Speaker 5 (37:51):
Right? Federal trademarking it? Why does that matter? For so
many reasons.
Speaker 4 (37:55):
If we're talking about nil deals and we're talking about
especially getting paid for them. One, you protected and make
sure this is yours and you control it. But the
licensing conversation change. If someone comes to me like you're
adding value to things, If someone comes to me and
(38:16):
want to have this negotiation about how much money they
get and all the things. I'm gonna look at the
value of what they're putting in front of me. If
it's that much value in it, I'm going to counteract
whatever was put in front of me and renegotiating and
push back. No, no, no, no, this is the value
I'm getting from that. If now, if I could get
(38:38):
more value myself, then yeah, I'll pay into that. Well,
when you're federally trademarketing, you put that R behind that name,
image and likeness of whatever represents that athlete's particular brand.
It's a different licensing conversation. They're dealing with something that
adds more value because we know it's federally protected and
(39:04):
it literally shows that I'm absolutely serious about putting my name,
image and likeness on whatever you want me to promote.
You're literally getting something that is not just out there right,
it is not just tied to talent, but you're getting
something that understands the business market. So it just levels
(39:25):
up the conversation. Another thing about ownership, think about having
these conversations with your athletes on forming business entities. Forming
these business entities again, for several reasons to show the
seriousness of it. A lot of times it would help
right to have these business entities and a business entity
(39:48):
is actually loaning out this talent and not the transaction
being between athlete and entity business entity. Business entity to
business entity, have conversation and then ay loan these athletes out.
Speaker 5 (40:04):
It's a different level of ownership. Not to mention it
can manage income.
Speaker 4 (40:11):
Me getting an income as an individual versus my business
getting an income is two different conversations, and that's where
you need to bring a tax attorney or a CPA
on board as well. But if you're talking about shifting
from just thinking about making money to positioning yourself of
these conversations or your athlete these conversations, these are the
(40:32):
things to think about again, not just athletes, but anyone supporting.
If you have not federally protected or trademark your front facing.
Speaker 5 (40:44):
Brand as well, that's something you need to do right.
Speaker 4 (40:47):
If you're going to have these conversations with athletes, you
have to have these conversations by leading first, being the
example and showing them I am about what I talk about.
Hopefully most of you are definitely forming business entities for
an additional reason liability. You're opening yourself up to representing
(41:15):
the different athletes, putting yourself out there. Then you want
to go ahead and make sure that you are doing
so through your business. You know you're signing contracts. Think
about how you are signing those contracts. First of all,
we talk about the athletes, where the athletes business and
(41:36):
business signing it that helps them as far as liabilities
or you know how much that they will be responsible
for and being protected limited in their liability.
Speaker 5 (41:47):
And then you too, how.
Speaker 4 (41:49):
You're signing contracts, but also just having speaking of contracts,
having contracts that align with long term careers.
Speaker 5 (41:58):
I mean everyone's pushing. I gets it. Hey, come with me.
I got this incubator. We're gonna sign it, and we're
gonna go all these deals and they're ready. It's great.
Speaker 4 (42:07):
Take advantage of the opportunities there, but slow down when
you get in front of the opportunity. Don't rush or
feel rush when people are rushing. Okay, what opportunities do
you have? Ask the right questions, you get the right answer.
Asking right questions is what helps you elevate, not just
asking questions or asking or not asking questions. Asking questions
doesn't necessarily help you elevate no more than not asking questions.
(42:30):
Asking the right questions is what do so you have
these contracts, and these contracts that's been put in front
of you, you know, look through these terms. Are there
terms that help you with your long term vision? If not,
are those some things you can negotiate in there? It
doesn't have I'm not saying that the contract has to
(42:52):
be long term. What you are gaining from that contract,
what you want to negotiate, is going to help you
in your long term career plans. So look at that stuff.
And again I touched on this a little bit. Plan
for these taxes. That's one of the most quiet issues
(43:17):
that have been talked about. There's a lot of issues
that came to the forefront dealing with the nil right
that people had to learn on the fly and had
to adjust. One that's not talked about so much is
the tax issue that people just did not understand. You
get paid, I don't care if it's in kind monetary.
(43:38):
There's different things that can trigger your tax liability and
people did not know that. And so planning for taxes,
and again that goes back to what I just said
earlier about you know, possibly establishing a business to have
that conversation, because you have to think about is this
(43:59):
a hobby, is this something that is actually a business?
I take serious and I also expend money. I have
expenses that are related to my business right that pushes
(44:19):
and promotes my business. So those are conversations that needs
to be had. Now. I mentioned last segment that I
was going to just talked about a few example of
athletes that it's thinking along the lines that I just
talked about, thinking along the lines of it's not just
(44:40):
being profited, but it's being positioned, positioning that probably wouldn't
have otherwise been an opportunity before, and understanding that I'm
not going to play for the rest of my life.
So this isn't a conversation even about I may not
make it to the lead in whatever sport. I may
(45:01):
at make it to the elite level, that's not it.
I don't care even if you make it to the
elite level, even if you know you're that talented. The
one outcome that's universal for everyone, no matter their talent,
no matter if they're making it to league, making it
to the pro levels, whatever, it is. The one conversation
(45:23):
that's universal is that you will not play for your
whole entire life. And even if you make it to
the pro level, injury can happen. A lot of things
can happen. So you want to be thinking about, Wow,
this is an opportunity to set me up. This is
an opportunity to build relationships. This is an opportunity to
(45:50):
show my talents off the court, off the field, off
the track, off the course. This is my opportunity to
show that that I may not have otherwise had. But
I've got some few individuals that I will share and
you can look more into them. I mentioned in the
(46:12):
last segment that I was going to share Shadoor Sanders,
and I know some people will say, well, you have
his father around him that understands all this and also
may help as far as his positioning. But one thing
I can also tell you too, as a parent, it
(46:33):
doesn't matter. Once you know what you can do or
how you put some position you put somebody in, it's
still up to that individual to take it and do
something with it and to stand in it.
Speaker 5 (46:46):
Right.
Speaker 4 (46:47):
So Chador, he's definitely built a carefully curated personal brand.
We can see that, and I arguably I may say inarguably,
but arguably some ways. We'll say that personal brand that
he has built has ruffled some feathers.
Speaker 5 (47:11):
To the point where people were shocked with the NFL
draft and thought that to go here, there, there, But
it was a point being made either way. I for
me with him in that.
Speaker 4 (47:29):
My understanding, the reason why to even want to get
drafted higher is because it just opens up more opportunities.
You talk about that rookie contract. It can affect a
lot of different things. But when you have someone like him,
I mean when you have Nil that have opened up
now because that all really was a big deal when
they weren't getting paid for their name, image and likeness, right,
(47:51):
But now when you have that open up, unless someone
can put into comments how that's punitive, I don't get it.
Nil opened up and he positioned himself with that so
that the reasonings of wanting to be all the way
up there all the perks that come with that.
Speaker 5 (48:10):
He's in a good spot.
Speaker 4 (48:10):
He can really play because he loves the sport and
not have to depend on it for anything else. But
he definitely curated his brand. He focused on his athletic talent.
He always appeared to stand in his personal values. He
landed so many different type of endorsement brands with Beats
(48:33):
by Dre, Gatorade, the Brady brand, and correct me if
I'm wrong, But I think in my educational knowledge, you're
talking about Tom Brady. He didn't go first round. I
mean this was when not even nil was out there,
and he did. It didn't matter where he went when
(48:53):
he was picked in the rounds. What he showed up
and did.
Speaker 5 (48:58):
Afterwards changed all that anyways. But I digress.
Speaker 4 (49:03):
But he got all these deals, and when he got
these deals, he definitely chose partnerships that strengthened his image.
He knew what his image is. Nothing that was going
to compromise his image, nothing that didn't align with his
type of values or future ambitions. So that's what you
(49:27):
call ownership. Not taking every deal that comes in front
of you. If you're focused on profit, A lot of
times that will happen. You're focused on profit, you're looking
at the numbers and you're gonna take whatever comes in
front of you. You're gonna hear individuals say, oh, I
got all this, these deals, come with me.
Speaker 5 (49:45):
If you want deals, you're.
Speaker 4 (49:46):
Gonna go everywhere that someone says that, But if you're
focused on positioning, then you're gonna really take your time
to see what deals strengthens and aligns with your future
ambitions because you're looking at positioning. But he definitely, because
he did all of that, his type of earnings and
(50:08):
things that he did, he managed that strategically and he
did so and he said this before, to make sure
that all of this outlives his playing days. And that's
exactly what I'm talking about, right. He maintains creative control
that has been made known. I maintain creative control. A
(50:30):
lot of times these athletes are entering into these contracts
and they're losing creative control over your deal. Well, I know,
if you're already serious about what I just told you earlier,
looking into federally protecting and registering all that good stuff,
you're already going to be serious about your image, your brand.
(50:51):
They're gonna see you're serious and you're going to make
sure you look at those type of terms so that
the way you can maintain creative control in your brand
and in your image period. So yeah, he's definitely turned
down a lot of different deals and aligned with whatever
is going to go for him. Trevor Lawrence, another individual,
(51:18):
someone who was more focused on the financial aspect of it.
Already was into you know, finance as interests as a
business interest. Anyway, he had financial discipline from the start.
(51:39):
When he looked at nil deals, he looked at opportunity
of opening doors, being able to choose opportunities that would
help him on the financial side, right, looking at approach
(52:00):
his team, looking at, hey, what are some wealth management
opportunities you know for me? He also had deals with
Gatorade and Blockfolio looking at investments and they were strategically
chosen and professionally managed. And he put the people around him.
(52:21):
When you're talking about financial position and him wanting to
be in a great financial position in finance, he worked
closely with financial professionals and made deliberate choices to prioritize
(52:42):
his stability over all of the flash. But his mindset
was already there, right, his mindset, I understand financial discipline,
but I'm going to use this to step into an
arena where i can show my financial discipline. So understanding
ownership again, understanding positioning over profit. The Cavendier twins, Hannah
(53:08):
and Hayley. I watched a lot with these two young ladies,
very bright and driven young ladies, and I will say,
you know, look them up and I added them in here,
so we don't have these conversations just about like you know,
football or Deon Sanders. This applies. This again is equal opportunity.
(53:35):
When it comes to the mindset. Where it's not equal
is if you don't know. But once you do know,
you can now shift your mindset to say, this is
how I approaching NIL and this is the reason why
I'm doing what I'm doing so we can know, and
(53:56):
this is why you're going to share so more people
can know and we can shift our mind mindset.
Speaker 1 (54:00):
But you have.
Speaker 5 (54:03):
These twins, and they started out with.
Speaker 4 (54:08):
Getting these collegiate collegiate nil deals and they always said
if you watch all of their interviews and things they
talked about, they always said they had in mind, especially
when it's opened these opportunities open to build a forty
year strategic plan. You have these young girls talking about,
(54:33):
we just had this ideal of building, you know, a
forty year strategic plan, and we have this plan as
we wanted to focus on, and we knew securing nil
deals can funnel right into that. And of course they
got great people around them too. They talk about that.
(54:54):
They said, we knew that we had to surround ourselves
and put people in positions that understood the things that
we didn't understand very smarter, like this is not the
same thing I'm saying. We put people around us to
understand the things we don't understand. We understand the plane,
we understand this, but we don't understand the other things
(55:14):
that can help us build in our forty year strategic
plan with these opportunities that we have.
Speaker 5 (55:23):
In front of us.
Speaker 4 (55:25):
And so they put those individuals around them, and for them,
it was definitely more than just about profit.
Speaker 5 (55:31):
Right.
Speaker 4 (55:31):
Their conversations didn't stop at how much am I going
to get for this nil deal? They start having conversations
about equity, And so those are some of the conversations too,
especially again, when you build more leverage, then.
Speaker 5 (55:48):
It allows you to have.
Speaker 4 (55:51):
It expands your conversations, It spands your negotiating power, it
expands everything. And equity is great because if you're paying
me and we're wanting done, and it may sound good,
I don't, I don't.
Speaker 5 (56:02):
I don't care.
Speaker 4 (56:03):
Even when someone says I'll give you this multimillion dollar deal.
First of all, as soon as you give it to me.
Money depreciates. I pay these taxes, all these things. But
when I can get some equity, I continue to make money.
As long as you make money, I have a stake
in this company, and as long as you're good, then
(56:24):
I'm good.
Speaker 5 (56:26):
And they got equity and better media. They establish and have.
Speaker 4 (56:34):
Ownership of multiple businesses and brand extensions.
Speaker 5 (56:40):
That's the only thing that can happen with licensing. If
you create something.
Speaker 4 (56:45):
And you have a federally protected brand, you can create
something something and licensing license that thing out to other
individuals that may already have that company established. That So
say I decide to do athletic war instead of me
(57:08):
doing all of the laborist work. I have the star power,
the name, the image of Likens, all the things behind it,
and I need you.
Speaker 5 (57:17):
I need to license this to you already have the
company that is in place.
Speaker 4 (57:22):
So these Cameradar twins moved beyond sports. You sports as
a catapult for entrepreneurship and lifestyle and all of these
athletes and there's more. There's more, and there's obviously some
that probably are not sharing their stories, but they've demonstrated
(57:48):
how you know, athletes can literally graduate from this ideal
and overall, the excitement of participating in NIL to owning,
creating ownership, changing generations, elevating their generations, and ensuring that
(58:09):
revenue and their influence goes long after their athletic careers ends.
So these are the things you need to be talking about.
These are the things you need to talk about if
you are representing athletes. I strongly believe it would completely
(58:30):
set you apart because I know when I have these conversations,
it's always it always seems to be brand new to them.
It's like, I don't know, Oh my gosh, you're just different.
You're oh, you know, become this angel. So I gave
you this nugget. If you're someone that is representing these athletes,
have these conversations to set yourself apart. But be truthful
(58:56):
and honest, and you're walking this conversation to help now
set your athlete apart. And if you're an athlete that
that's listening to this, these are these are the ways
that you should show up and leading your conversation, because
how you show up dictates how someone is going to uh,
(59:17):
how the rest of the conversation is going to go,
what someone's going to offer you, how they want to
deal with you. All that stuff is going to make
a difference. So again, a winning NIL strategy is not
about chasing every deal. It's about building a brand with
(59:39):
staying power. And when we all get this, then we'll
definitely go from the ideal or the mindset of get
paid now to own the game later. So I had
(01:00:00):
a couple of questions before I close out. I want
to address a couple of questions that was actually.
Speaker 5 (01:00:07):
Sent to me.
Speaker 4 (01:00:09):
And if you're listening now and if you have some questions,
this is your time to submit it.
Speaker 5 (01:00:13):
I did allow for.
Speaker 4 (01:00:17):
Chess Instagram, Okay, how do athletes make sure they say oka,
I'm gonna get to that question. I did allow for
after each segment to ask questions you can you know
posted on the actual video and all that. After this
last segment, more likely than not going back, I'm going
(01:00:37):
to continue on. I have other It's time to bring
the guests back on and I start that immediately next week,
so I will not be able to keep going back
because I never know when someone you know, listen to
this video. I will be always going back to my
videos as answering questions, but.
Speaker 5 (01:00:55):
As your.
Speaker 4 (01:00:58):
Reward for engaging and tuning, and that's what I allowed.
And then even those who end up having to watch
the replay as long as it was doing these four segments,
that's why I also allowed. But after this, I'm not.
So if you do have a question, make sure you
put it up. So I'm gonna try to pull up
(01:01:20):
all questions and.
Speaker 5 (01:01:22):
You know, get to what was actually asked here. Let
me get to.
Speaker 4 (01:01:36):
All right, So I have a question here, is joining,
you know, marketplaces or working as a marketing nil agent
legitimate ways to work without licensing? Or do I still
(01:01:59):
need to be licensed licensed in whatever state an athlete
is in.
Speaker 5 (01:02:06):
So to answer that, I know.
Speaker 4 (01:02:10):
People will say, oh, that's the Lowyer way of answering it. No,
it'll be clear, but it is. It is definitely one
of those answers, though it depends. So the reason why
I say it depends, well, first, let me just go
ahead and give you the straight out answer. And I'm
talking about under Georgia law right now, if an individual's
(01:02:35):
focused solely on promoting an athlete for publicity purposes without
engaging and activities such as negotiating or soliciting professional sports contracts,
(01:03:02):
endorsement contracts, or any other type of agreements that's tied
to the athletes, then it would not necessarily fall under
an athlete agent. If you're literally marketing for publicity purposes,
get the athlete out there, get them known.
Speaker 5 (01:03:22):
I'm marketing you.
Speaker 4 (01:03:23):
I'm marketing you, but I'm not engaging in the activities
of negotiating with contract or actually soliciting these contracts.
Speaker 5 (01:03:29):
I'm marketing you.
Speaker 4 (01:03:30):
So possibly maybe that will help you land more eyes
on you, and if it does, then an agent can
take it from there or whoever can take it from there.
Speaker 5 (01:03:40):
But if you're strictly focusing on the marketing.
Speaker 4 (01:03:43):
Aspect, then that generally does not fall within being an agent,
and you don't have to in Georgia get a license.
Speaker 5 (01:03:56):
And the reason why I started off with what it
depends is because.
Speaker 4 (01:04:01):
Sometimes, you know, individuals may say that and then find
themselves crossing a line from marketing publicizing, and then all
of a sudden, you market you're publicizing, someone identifies you
as the one marketing this athlete, they contact you about
(01:04:21):
this athlete. You end up contacting your athlete and you're
talking about this deal and the next thing, and next
thing and next thing, and then it can cross the
line of offering athlete agent services. So that's why I
have to lead what it depends because it depends on
where you stand and where you lie and where you
(01:04:41):
you know, have that clear line of the service that
you're going to actually provide for.
Speaker 5 (01:04:51):
The athletes.
Speaker 4 (01:04:51):
And I'm going to give you a law to look up.
You should be able to have access to this, not
just our attorneys. We have access to a lot of
different stuff in our you know, legal database and software.
But this the Official Code of Georgia annotated. It is
something that you can look up online to really make
(01:05:15):
sure you stay aligned with this what I'm telling you.
Look up o c GA Oscar Charlie George Alpha forty
three dash four A dash four and when you look
(01:05:38):
up OCGA forty three Dash four A dash four, it
will talk about the certification of registration required and what
some exceptions are.
Speaker 3 (01:05:48):
And in that.
Speaker 4 (01:05:50):
Statue it also talks about Okay, if you started a
certain way, you intended that way, then there is some
grace for you to now.
Speaker 5 (01:06:04):
Go ahead and get.
Speaker 4 (01:06:07):
Fall in line. You'll have seven days to fall in
line to go ahead and register for being an agent.
Speaker 5 (01:06:18):
So I hope that helps with that.
Speaker 4 (01:06:20):
If you know you're staying strictly on marketing and nothing else,
and it's not directly or indirectly crossing the lines in
any ways that's listed in that statue.
Speaker 5 (01:06:30):
Then no, you do not have to be licensed. So
it depends the next question.
Speaker 4 (01:06:38):
Do you suggest I get an athlete agent license in Georgia?
Speaker 5 (01:06:44):
Well, yes, it's gonna come for me.
Speaker 4 (01:06:52):
Even with that question, I just had as far as
if I'm just marketing, because you're asking me, right, so
I can only give you do you have to get
it if you're just marketing?
Speaker 5 (01:07:00):
That answer to that was enough what I suggested.
Speaker 4 (01:07:03):
Even for someone who's just focusing on marketing, I would
just because you're asking me, that is the type of
person I am, right, So just to give me an
example as an attorney who have represented potential NFL players
and all that, my mindset was, I'm going to.
Speaker 5 (01:07:22):
Go get certified.
Speaker 4 (01:07:25):
Although there's two different lines, I'm going to go get
certified because I know I'm going to cross the line
of agency because I know specifically what legal is, and
I knew also when I advise from a legal perspective,
I had certain doors closed, certain conversations that wouldn't be
(01:07:49):
had if I didn't have.
Speaker 5 (01:07:52):
A license.
Speaker 4 (01:07:53):
So that's what I got at that time. I didn't
want no doors closed. I didn't want any stoppage at all.
I like all cards in my hands to choose how
I want to plan. That is me same thing with
me being a closing attorney. I close on real estate
deals as an attorney. But I decided to go ahead
(01:08:16):
and get my sales agent license one and this also
applies to the NFL certification one I increase my education.
I wanted to think about it outside of an attorney perspective.
I wanted to think about it like right in the heart,
(01:08:37):
right on the ground with whatever I'm dealing with. So
to get my NFL certification, it's a different conversation, it's
a different understanding.
Speaker 5 (01:08:45):
I'm seeing it from a different perspective.
Speaker 4 (01:08:47):
We're getting my sales agent license and seeing from an
agent perspective, it is totally different.
Speaker 5 (01:08:52):
Again, I am a type of person. I like to
have all cards in my hand to.
Speaker 4 (01:08:58):
Be able to do the things that that I want
to do with no limitations, to be completely educated verse
in my conversations.
Speaker 5 (01:09:07):
That's something I do.
Speaker 4 (01:09:09):
So from me personally, I'm gonna say yes if you're
gonna deal with athletes, especially especially from a marketing perspective,
I see that can easily eventually cross the line or
want to. But I would say, you know, yes, answer
to that, and to do that, you will go to
(01:09:31):
the Secretary of State and look up the Department of
Georgia Athlete Agents and read all the information and requirements
for Georgia's licensed athlete agents and all that good stuff,
and then the applicants that's there as well. You know
all the information there, so you will go there to
(01:09:52):
look at that. Now, if you're dealing with other athletes
in other states, you want to go and read their
state law too, because they may require you. That's because
your license in Georgia doesn't mean you could deal with
other athletes in different states. So you want to read
the laws for those other states to see what their
requirements are in those other states. Okay, I'm gonna get
(01:10:24):
back to this question because it's gonna take longer, So
let me go to another question I just seen come
through on Instagram.
Speaker 5 (01:10:31):
How do athletes make sure.
Speaker 4 (01:10:35):
They still control their name and image if they switch teams, schools,
or organizations. Perfect So the question was, how do athletes
make sure they still control their name and image if
they switch team schools and organizations. That is a great,
(01:10:56):
great reason to back up what I said earlier. If
you federally protect whatever you are putting out there, it
goes with you everywhere you here. When you show up,
it's it's school to school. If you switch, it's after school.
This now become whatever you federal protection. You're saying, this
(01:11:18):
is a source identifier. This is a source identifier of
a product or service.
Speaker 5 (01:11:24):
That's being offered. What do you mean by that?
Speaker 4 (01:11:27):
Alokisha? Okay, So if I get trying to say with
brand I want to name I wanted to say, and
who I don't want to say, I don't know if
I if I get uh Tefler bag, the brand of
(01:11:49):
that Tefler everyone you know that like that is the brand.
So if I'm going to go by and that brand
is identifying that, we're the source that produces all types
of bags, pursues, tope bags, all types of things. There's
the source identifier Tefler that produces whatever this thing is.
(01:12:13):
So when you federally register it, you're saying, I'm taking
this seriously, but you're protected with that.
Speaker 5 (01:12:20):
In all fifty states. You're protected in the US.
Speaker 4 (01:12:25):
Off of these states, plus Puerto Rican wherever else whatever,
US you're protected nationally.
Speaker 5 (01:12:31):
So it's with you, it goes with you. So you're
showing that.
Speaker 4 (01:12:34):
Now that question also makes me think about another thing,
and it goes into the question I was asked here,
so I would deal with it here. What's actually another
question here for some of you know, it's here.
Speaker 5 (01:12:49):
What clauses are must have?
Speaker 4 (01:12:56):
What clauses are must haves in an NIL representation agreement
to protect the person that's representing the athlete and the
athlete themselves. So let me go ahead and start with
where I was gonna go with that, and then I'll
get into some other stuff. So even if you federally
(01:13:20):
register and protect whatever you decide, your source identifier is
for the service you're providing our product, and yes you
can protect the name. There's a whole different things that
you you know, checklist you have to go through, but
it is protectable if you sign a contract. And this
is why it's important to look at the intellectual property provision.
(01:13:43):
And you end up signing over rights to someone else,
you can lose what you work hard to protect. So
making sure you still control has a lot more to
do with be careful of what you sign and what
(01:14:04):
control you give up. When you're talking about licensing and using,
you have to talk about and this goes to your
question about terms like duration. What is the duration of
the use of this name, image and likeness? Is there
(01:14:24):
a sunset clause meaning it goes down webre I talk
about sunset clause with legislation, it goes down to a
certain amount of time. What are the parameters restrictions the
use is for this specific thing?
Speaker 1 (01:14:39):
Is there.
Speaker 5 (01:14:41):
Location?
Speaker 4 (01:14:42):
You have to get very clear on IP intellectual property use,
and the one thing you want to be clear on
before you get into all this stuff is that you
retain ownership in your IP. It's no different when you've
seen the other contract. They're gonna make sure they mention
that also. Institutions. You got to be very careful too,
(01:15:04):
because in a lot of the policies and rules, there's
certain things you can and cannot do and tie their
intellectual property to your showing up in your deal and
what you're doing, especially in high school, talk about a
little bit this is not high school segment and may
do that later, but you got to be careful of
not violating any intellectual property or infringing on anybody else
(01:15:28):
intellectual property. And that needs to be in the contract
that whatever you do and they ask you to do,
it cannot be an infringement on someone else's intellectual property.
So don't give up your control. No, it's federally registered
if that's what you still choose to do, and have
parameters and guidelines on the usage. Don't just sign these deals.
(01:15:53):
You have a lot of athletes who end up just
finishing and they're using the name, image and likeness in perpetuity,
and to be honest with you, a lot of times
that language is in the agreement that the use can
be in perpetuity. So you have to hone in on
how long it can be used and if it has
if they want longer, then there's more money and there's
(01:16:13):
other things that has to come into play with that.
But never ever, and make sure you do not give
up control co ownership if possible. I'm not gonna tell
you what to do and not to do. I'm just
saying those are things that you want to think about,
and if you so choose that you want to do
that you can.
Speaker 5 (01:16:30):
But those are the things you want to be looking
out for. Make sure as you're you're.
Speaker 4 (01:16:39):
The non athlete, if you're entered into agreement, what does
breaching the contract between you and them look like?
Speaker 5 (01:16:47):
What does that mean? What is breaching the contract? What
are like.
Speaker 4 (01:16:52):
Material reasons? Because some people say, oh, you breach a
contract because you just didn't do X y Z. Why
can tell you this? A lot of times the courts
would say, yeah, they probably didn't do X y Z,
but that's not material to the contract, meaning that it
doesn't it's not the core the essence of the contract.
It didn't really harm the contract as a whole. The
whole thing didn't fall apart by not doing that. So
(01:17:13):
a lot of times people just say, if you just
didn't do this, it's a breach. Not necessarily, it has
to be material and you have to list. Don't leave
it up to a court to decide what's material. List
what's material to you of you know, for them to
do or not do, and what would be a material breach?
Listing there, what would actually be.
Speaker 5 (01:17:36):
How a breach can be cured not cured.
Speaker 4 (01:17:40):
Definitely, make sure you have in your contract the jurisdiction
that's governoring your contract.
Speaker 5 (01:17:46):
If there is a breach and you do have to
tackle this issue. Where are you tackling that issue? And
this state that you're in.
Speaker 4 (01:18:02):
Is it the courts? Is it some type of arbitration mediation?
Is it a combination of both?
Speaker 5 (01:18:10):
Have in there?
Speaker 4 (01:18:11):
What's the jurisdiction and how you actually will you know,
work on resolving these potential issues?
Speaker 5 (01:18:22):
Is the deal?
Speaker 4 (01:18:23):
And this is huge for athletes for sure, because institutions
can put this in their contracts now too.
Speaker 5 (01:18:30):
Institutions can offer these deals. Athletes can do deals with.
Speaker 4 (01:18:37):
Anybody now, right as long as they're not violating a policy, right,
as long as it's not violating some type of moral
clause or something in school says we don't want you
tied to a tobacco company. But they can do contracts
with anybody, including schools. Now, however, what you have to
pay attention to is if there's exclusivity claus in a contract,
(01:19:00):
Because if there is and you didn't pay attention to,
it doesn't matter that they can do a contract with
other individuals. What's going to happen is you're going to
be exclusive to the individual or entity that you're exclusive to,
and the institution can put exclusivity clauses in there for
you to be exclusive to them, and now you can't
do third party deals. So paying attention to being non
(01:19:22):
exclusive versus being exclusive is a huge thing to pay
attention to in.
Speaker 5 (01:19:30):
The contracts.
Speaker 4 (01:19:35):
And not even to mention that right. So things are
case by case, but I do want to say that
in general period and contract a law, there are things
that you have to just have in a contract in
order for the contract to even be enforceable. So even
(01:19:55):
before we talk about what are some things that should
have should not be in there, that's about everything that
has to be in there.
Speaker 5 (01:20:05):
You have to make sure that all parties of the
contract that they're in there. That's important.
Speaker 4 (01:20:11):
Also, if you go back and look at my go
through the YouTube channel, I have a whole entire segment
on contracts, like I try to bring it to life
as much as possible, but I talk about these things
about how the difference between contracts that are drafted that
can be enforceable or unenforceable. Anyways, you got to identify
(01:20:34):
all parties. You have to identify the subject matter. It
can't be something vague like what is the subject matter
of this agreement? Make it very clear and known this
thing called what we call an illegal world quid pro
quo this for that, what is the consideration? Consideration can
be money, it could be something else, but it's a
(01:20:55):
value that is being exchanged for this particular deal. Be
very clear on that and give the duration, the time.
Is there a specific place for whatever this performance or
whatever you're asking. Those things are bottom line. And I
say that because some things have been missing. These things
(01:21:17):
that you have to have that are essential to an
enforcement contract have been missing. And unless it's a commercial contract,
because we're talking about a service contract. And again in
that video, I talk about the difference between commercial and service.
There's service contract, there are some things that are required
for a service contract, service and product. Then it is commercial.
(01:21:37):
It's totally different when I get into that right now.
But if commercial does apply to you, I advise you
to go look at that. I advise you go look
at that video. So, yeah, those are some of some
of the main things. Those are some of the main
(01:21:58):
things that have in there. But again it's going to
be case by case. You're athlete by athlete.
Speaker 5 (01:22:04):
Oh, let me say this. I talked about what's in there,
right things, you know, I mentioned this, I believe last segment.
This is the difference between.
Speaker 4 (01:22:16):
Having someone who understands contracts and someone who doesn't, because
we think about what's not in a contract. Some of
the things I named would be, Okay, this should be
in a contract and you'll have it and all, but
we have to start thinking about what's not there. And
a lot of times your athlete may get contracts and
(01:22:39):
you may see ooh Alakeisha said this check is there. Oh,
she said, this check is there. And let's pretend everything
I said check is there and you say, hmm, good contract. No,
but you have to go further than think about what's
not there. And we know, especially with the House settlement,
it's already been said before wasn't really enforced, but we're
(01:23:01):
seeing enforcement more and more. We talked about where we're
possibly going, so we're gonna see more enforcement. You have
to think about what's not there. Oh, can you add
a provision about the exclusion of athletic performance compensation? So
that way when my athlete agreement go to this nil go.
Remember I just talked about they already got self stuck.
(01:23:22):
Make your contract easier to get approved. Put have them
put language in the contract that's saying what this contract
is not going to do.
Speaker 5 (01:23:33):
That helps.
Speaker 4 (01:23:34):
So even if they looking at a number and they think,
oh this pay for play no put an exclusion of
athletic performance compensation, that this agreement is not compensating the
athlete for any athletic participation or achievement. This is what
it's not doing. And so when you have those type
of clauses in there, this maintains compliance, right, and it's
(01:23:57):
and it's acknowledging and it's being intentional of what this
contract is not.
Speaker 5 (01:24:04):
So those are things I would think about.
Speaker 4 (01:24:07):
That's that's out of the box, right, And I will
also mentioned that this contract is you know, not for
you know, a student athlete to enroll anywhere or to
transfer anywhere to a particular school. So that provision of
(01:24:31):
you know, some type of prohibition of improper inducement.
Speaker 5 (01:24:39):
And so.
Speaker 4 (01:24:41):
That's what sharp skilled people like myself come in, right.
We think about what's not there, but what's going on
in the legal world. So I'm going to speak the
language of my circle when it's applicable to these contracts.
So that way I know I'm even helping with an
issue that's right. Now, there's a problem, how do we
(01:25:02):
help solve it. Let's start drafting these contracts to put
in front of you the very thing you're looking for.
I'm gonna make it very easy for you.
Speaker 5 (01:25:10):
So that is that. I believe. That was all Q
and a's that I have. I believe. So, yeah, that
is it. One more check on Instagram. Yeah, that is it.
(01:25:33):
All right.
Speaker 4 (01:25:33):
So I did finish early on time, not early, but
within the parameters that I've always presented. But I added
Q and A in this last segment so they can
get answered. The questions can actually get answered, So I
added it in here.
Speaker 5 (01:25:51):
But so to reiterate this, the future of the NIL it's.
Speaker 4 (01:25:59):
Not going to be shaped by policy and laws alone alone.
Speaker 5 (01:26:06):
It's going to be shaped or helped to be defined.
Speaker 4 (01:26:13):
By all of us that's in the NIL space, and
all of us who are in the space who are
bold enough to help build these systems and not just
ride the waves to see what's going to happen.
Speaker 5 (01:26:30):
We're all a part of this, So we're shaping what's.
Speaker 4 (01:26:34):
Going to happen and how we're going to respond and
not react to what's happened, happening or going to happen.
And I mentioned ownership That's what I'm huge, huge on
as an ownership attorney. Ownership isn't what comes.
Speaker 5 (01:26:57):
You know, just during.
Speaker 4 (01:27:01):
Your athletes playing time for you too, you're tied to
these athletes. Think about yourself as far as ownership too.
It comes with ownership when I say it, it comes
with knowing.
Speaker 5 (01:27:21):
So educate yourself. Be educated throughout this negotiating. Stop just
accepting what's in front of you.
Speaker 4 (01:27:28):
And if you're on the other side who signing athletes,
you put things out, they may push things back.
Speaker 5 (01:27:33):
You negotiate too. How can this all work out?
Speaker 4 (01:27:36):
Understand what you're negotiating, especially if you're on the other
side of you're not athletes. A lot of those individuals
are not in tune, so you may have things in
your contract that's going to hurt your company and your situation,
not just the athlete. Ownership is also about protecting your
value now so it compounds later. All of that is
(01:28:04):
wide open right now for everyone everyone to grasp. So this,
you know, evolving definition of with name, image and likeness
and college sports mean you know, this new age of power, positioning,
(01:28:27):
profit purpose.
Speaker 5 (01:28:29):
This is inn IL two point zero. And the question
isn't are you ready it's are you ready on it?
No matter what side that you're on. So that is
a rap, that is a rap, That is a rap.
Speaker 4 (01:28:47):
For this last segment, I really really enjoyed it. I
was in my element of empowering you all. Make sure
you do share again. This was a very I believe,
very powerful four segments. We did a lot of tracing
of the real story of NIL student athletes with that
(01:29:10):
mean emirate tourism. We went beyond all of these headlines
and in segment one we talked about from shadows to spotlight.
Segment two we talked about cracks in the system. Segment
three we talked about power policy and the players, and
today we ended on ownership over opportunity. Also, all of
(01:29:30):
the previous segments are on all major streaming platforms. Whatever
your favorite, however you like listening to podcasts, is there
so if you have to listen to things and dissect
it over and over again and you don't want to
watch it over and over again, you don't want to
see me talking to you over and over again, you
can also listen to it on podcasts. But please share
(01:29:52):
these video segments. Please listen and please help us be
educated and the reason why I do this because it's
my element.
Speaker 5 (01:29:58):
I love doing it. So it helps all of us.
With me being in a space, you being in a space.
Speaker 4 (01:30:06):
The more of us that are equipped and understand it
help us all to move in the space better. If
you have a question about federal trademarks, some people may say, well,
maybe I can't afford attorney. Be very careful with that too,
going out there finding stuff when it comes to federal
protection of your trademark or your athlete's trademark. Be very careful.
(01:30:27):
But I also do have a course. If you say
maybe I can't afford, but I want to learn, I
have a course you can learn and that helps also
where I'm gonna tell you this is not simple.
Speaker 5 (01:30:40):
Four part video. You sit and you understand it. It's
not simple. But where it can help you is once
you learn it, you can and you have multiple trademarks.
You can.
Speaker 4 (01:30:48):
Actually it's a value that keeps paying for itself. You
can do multiple trademarks for yourself. You cannot trademark for
anyone else. That is against the law.
Speaker 5 (01:30:57):
You have to look it up.
Speaker 4 (01:30:58):
That is federal law. Register in a federal trademark is
actually a legal proceeding. So The only individuals who can
register a federal trademark is you for yourself or an
attorney for others.
Speaker 5 (01:31:14):
But you can learn it. You could pass it on
to other individuals. How do you get that information?
Speaker 4 (01:31:21):
I will make it more publicly available soon, so if
you're follow me or connected to me, you'll eventually start
seeing it. Only a small group know about it, but
I am going to make that publicly available this week.
So follow me, connect with me, not follow me.
Speaker 5 (01:31:38):
I hate that word. Let's connect. Connect either on Instagram.
Speaker 4 (01:31:44):
And the firm is siredjire s c I r E
d E j u r E sireere and that means
sire means to know of the law. And on LinkedIn
you can connect. Just look up allocation. I'm on LinkedIn,
all right, So thank you for tuning in. Thank you
(01:32:04):
for the questions that were actually sent to me that
I was able to address. So thank you so much
for engaging and adding value to this awesome conversation. The
more you know, the more you grow, and definitely, in
this case, the more you learn, the more you can
earn beyond the short sighted goal, but in perpetuity, and
(01:32:27):
also when you share, you show care, please show show
care and share for everyone that's moving into space because
everyone's learning together. Don't keep this knowledge to yourself, Spread
to wisdom, Tag a friend until next time, Keep striving,
keep growing, and most importantly, keep seeking allahvation.
Speaker 5 (01:32:49):
Peace and progressive
There was a time people counting me out put there me.
Speaker 2 (00:18):
I'm moving south down and I got to know to.
Speaker 1 (00:24):
Know what that says. But what I believe that God's
my bad. I don't need you to follow me. I
know who I am.
Speaker 3 (00:39):
I'm created there be and I'm better reflect what my
eyes did to see all the bigness eyeposss and this persibility.
Speaker 1 (00:59):
Know what us see bay shut should I get a read?
There is no time really stay for the aside don
(01:22):
s window.
Speaker 2 (01:23):
That boy is the inster list still itself pay the
visions of kistay all these simple my bead bye something
not take your mind the pat you buy, your pleasing you.
Speaker 1 (01:44):
On balling this planet.
Speaker 2 (01:46):
Had we not died all wa, then it's nine neither
extremelyflict man.
Speaker 4 (02:03):
Welcome, Welcome to another segment of the Seek Elevation Experience
with yours truly, Attorney Alokisha.
Speaker 5 (02:16):
I am an attorney, but I will not be giving
you legal advice. When I talk about anything legal.
Speaker 4 (02:23):
I am giving you legal education, and I want you
to take the education and to dig more, dig deeper,
learn more, and if you do need legal advice, to
hire an attorney to give it for your specific situation.
Speaker 5 (02:39):
But right here on seek elevation.
Speaker 4 (02:41):
I do use my experiences, my knowledge combined together because
this is where real issues and real people and real
conversations takes in their stage. And a lot of times
I lead those conversations from other individuals, and a lot
of times I show up.
Speaker 5 (03:00):
And I am delivering those conversations. But right here is where.
Speaker 4 (03:06):
We give a stage for voice, because change doesn't happen
in silence. And we'll talk about all types of empowering
things for us to transition, transform from sports and entertainment
to business and community. We elevate voices, and we elevate
voices that definitely needs to be heard. But again you
(03:27):
keep hearing me say, we talk, we talk, we talk.
We don't just talk, we do empower, We inspire, we
challenge the status quo, and I highly encourage that we
also connect. You know, there's nothing greater than There's a
lot of things greater than, but this is great when
you can find like minded individuals, especially in our times,
(03:50):
when you can find individuals that are that have similar interests,
similar drive, and you can connect with them and you
can learn from each other because we all bring our
uniqueness into everything. We all have our unique experiences, which
shapes our unique perspectives. But when we have the commonality
(04:12):
of whatever it may be, and we bring our uniqueness
together within that commonality, that's where change happens.
Speaker 5 (04:19):
And so I encourage to connect through seek elevation.
Speaker 4 (04:24):
What are we doing today? We are on the backstretch.
We ran a four hundred meter race. We went through
the first three laps already and we are now on
the back stretch. This is the final segment, Segment four
(04:48):
of the NIL Era in College Sports four part series.
Segment one, we talked about the foundation of name, image
and likeness. That's what NIL is, name image and likeness
and college sports. We talked about the foundation of it,
and then we moved on from the foundation to pretty
much the framing of name, image and likeness. And then
(05:12):
last week we talked about the house settlement. So we
went from foundation framing to building the house. And this
segment wrapping it all up, we're gonna talk about now
owning it, owning what has been built. And when I
say owning it, I mean on different levels owning it
(05:32):
truly understanding what ownership means and how that can apply
in this era for college sports. But also owning it,
meaning that you take accountability for your actions and your knowledge. Right,
we have to own it. I don't care what side
you are on, whether you're the athlete someone supporting the athlete,
(05:55):
you have to own being competent.
Speaker 5 (06:00):
That has been the theme throughout.
Speaker 4 (06:02):
We already know control is gonna already, it's there, it's
been there, it's there, but competency not so much.
Speaker 5 (06:12):
So we need to own it as ownership, and we
need to own it as having.
Speaker 4 (06:18):
Accountability and positioning ourselves to move in this error correctly
because there is no rewinding.
Speaker 5 (06:26):
We're not going backwards. Where we're going to end up
landing not sure, but.
Speaker 4 (06:32):
You can put yourself in a position to be prepared
for wherever that is, or better prepared for wherever that is. So,
if you know anyone that's in the nil space other
than yourself, if you know parents, coaches, athletes, anybody that
needs to hear this, please share it with them and
(06:54):
let them know that it's four parts. If you are
just tuning in today, just follow along with what we're
talking about. But if there's something that you do not understand,
go back and listen to one, two, and three, because
they all build upon each other.
Speaker 5 (07:10):
So let's go. Let's go ahead and get ready to
get started.
Speaker 4 (07:14):
I know I do have a lot of adult learners,
and we know that attention, especially when we talk about
certain topics attention span, we have to cater to that,
and I want no excuses. So I did mention in
the beginning that I am an attorney, but delivering this
(07:39):
conversation to you all, it's not just from the perspective
of an attorney at all. It is also from the
perspective of being a former Division I collegiate athlete at
a Power five school, a coach, an elite aff lead,
(08:01):
all those things. So I get it, I really really do,
all right, So let's jump in.
Speaker 5 (08:11):
Before I do.
Speaker 4 (08:12):
Though, if you're following me on any social media platform,
well really ig and LinkedIn, I believe I did just
make up.
Speaker 5 (08:18):
I just post something yesterday. It's an issue.
Speaker 4 (08:25):
That the College Sports Commissioner INCAA and NIL goal is
having right now, and that's going to also be a
common theme in this NIL era is as things are
pushed for, it just appears that they're not always thought
through all the way, or possibly they thought through to
(08:50):
the edge as far as one mind can perceive and
it may take a situation in order to say, ooh,
we didn't make provision for that. Now it has stretched
our edge. Our edge is no longer here, it has
moved all the way out. Well that is the case.
So I mentioned the nil go last segment, and.
Speaker 5 (09:13):
That is the entity.
Speaker 4 (09:14):
Well Deloitte is the entity, but nil go is what
they have established as the checking balances for these nil deals.
And any nil deal that is worth six hundred dollars
or more triggers it to be checked by the nil GO.
(09:40):
So yes, you have to inform your college and all
that good stuff of these deals.
Speaker 5 (09:46):
But nil go is a separate.
Speaker 4 (09:52):
Creation of checking through these deals to make sure that
they adhere to the standards, especially not being pay for play,
making sure their fair market value.
Speaker 5 (10:04):
And that's if the.
Speaker 4 (10:08):
Contract the deal was created or involves an associated into
tier individual. If it doesn't involve an associated into tier individual,
then it still has to be reported to NIOG, but
not necessarily go through all of the checks and balances.
(10:28):
An example of an associated interoiteer or individual is a
college collective and some booster clubs, so that.
Speaker 5 (10:37):
That is associated.
Speaker 4 (10:39):
So most of these deals that were curated especially with
all the collectives that WAR put together, and I talked
about that in a previous segment, was put together. A
lot of these ideal NIL deals were identified or created
through these collectives, So a lot of these contracts not
(11:00):
only had to be reported, but had to go through
these checks and balances through NIL go. Well, the issue
there is six hundred dollars is not a lot. So
even if some athletes in different sports were struggling to
get NIL deals, right because a lot of people say,
(11:22):
we'll just depend on the sport more than likely a
revenue generating sport, those athletes who shine are gonna get
those very very very lucrative deals, especially monetarily, even if
they're not a complete shine, if they're part of them
sports those particular sports. Well, there's a lot of different
athletes that got lucrative deals in different sports.
Speaker 5 (11:45):
However, lucrative that's subjective, right, But I can say.
Speaker 4 (11:55):
Maybe six hundred dollars is not. I think six hundred
dollars you're able to get. And so when you're thinking
about these athletes who get these deals, and they're getting
them for six hundred dollars or more across various sports,
(12:18):
and that triggers the check through nil go. You have
to think about that may be a lot of a
lot of deals, a lot of deals, and mind you,
it has to go through the check in order to
get approved. So if a contract or a deal is
not approved, the athlete and the third party can't move
(12:42):
forward on whatever that contractual agreement is. You're waiting to
get the thumbs up. So you see where I'm going.
Speaker 5 (12:50):
I hope.
Speaker 4 (12:52):
You have all of these contracts that were already established,
ones that were being established triggering this process, and the
college sports commissioner that third party entity was just put
together Deloitte's over nil go. But that was just put together.
(13:17):
Deloitte did something totally you know, other stuff manpower. How
was it going to be possible to check all these
contracts that triggered the six hundred dollars minimum that was
(13:39):
curated or identified involved an associated individual or entity within.
Speaker 5 (13:46):
A timely fashion. If it wasn't a whole bunch of people,
big big team.
Speaker 4 (13:59):
You had the supply and demand seem like it was
off right supplying these contracts or demanding these contracts and
supplying the human power.
Speaker 5 (14:10):
And that is exactly what the issue is. Now you
have contracts that are in what they call purgatory.
Speaker 4 (14:19):
There were reported at least at least five thousand contracts
that have been cleared. Sounds like a lot, but that's
a drop in the bucket when you think about how
many contracts actually had to be submitted. And we got
football season right upon us right, And a lot of
times when you are a corporation of business, anyone who
(14:42):
is identifying that I want to use this name, image
and likeness.
Speaker 5 (14:48):
For my benefit. A lot of times you're going to
do that.
Speaker 4 (14:51):
Especially when the season is going to kick in for
that particular sport and you want it to be done.
When that season is there, you can ride on that hype. Well,
when you have contracts sitting waiting to be approved in
(15:13):
a season about to approach, there's a problem. And that
problem is called the possibility of lost opportunity because if
you cannot deliver to me what I sign up for,
then I have to move on to the next So
(15:36):
that has to get fixed. Not sure what they're doing
in the meantime to get it fixed. One of the
things I did mention in my post was what about AI. Right,
we're all talking about artificial intelligence, large language models, things
that we're using now, and I do present on that,
you know, I present educational panels things and talk about
(16:01):
AI and the law, and of course when you use
it responsible, responsibly and we really understand it, it's a
useful tool, very useful one that I use as long
as you understand it and use it responsibly. So I said, well,
what about AI helping in this? How is there a
way to train artificial and intelligence to help with these contracts?
(16:22):
And then my second thought was, and how do you
make provision for any biases though, because that was already
going to be an issue when we're looking at One
of the reasons to not approve the contract was for
fear market value.
Speaker 5 (16:39):
The question was, how are you determining that.
Speaker 4 (16:41):
Yes, they did mention that they're going to look at
all contracts and athletes that are similar similarly situated and
talent and sport, but.
Speaker 5 (16:51):
That's still that's that's maybe a starting ground.
Speaker 4 (16:54):
If I'm a corporation and for instance, I see an
athlete that is similarly situated, is another athlete, same sport
and all that, it may be some other reason that
I want to offer this particular athlete more. It could
be something that is an amazing fit with my company
with this athlete. That tells the story the way I
(17:16):
need the story to be told. It have nothing to
do with all the other stuff. That other stuff was
the reason why I may have been attracted to the athlete.
But to really solidify this deal is because this story,
my story, my purpose.
Speaker 5 (17:31):
Can only be told or shown the way I wanted
to for this athlete.
Speaker 4 (17:36):
So how does that fit into the equation of fair
market value? So it's already some subjectivity that we're dealing
with there when we're looking at these contracts and deciding
what to prove and not approve. But that's something to
think about because if they don't get this together and
we start hearing more situations about lost opportunity guarantee, we're
(18:01):
gonna hear a lot more lawsuits. There's more lawsuits in
a pipeline. So we're already dealing with Title nine, We're
already dealing with employee employer. We're already dealing with those things.
And now it may be added on here that wasn't
foreseen but probably should have been. I'm losing opportunity because
(18:22):
of this process that you all put in place that
I have to adhere to. So something to think about,
and I wanted to put that on your radar because competency, right,
that's our theme of this four part segment. That's something
I'm giving you a nugget to say, let me go
look more into this so I can be prepared for
that whatever side of the NIL situation that you're on.
(18:51):
So where does NIL go from here? From the House
settlement that we actually talked about, Well, remember we talk
about federal law and if federal law pass these are
things I want you to think. I'm mention these things
and I want you to really I hope you jotting
them down or if you have great memory logging in
(19:15):
your memory. But where were going? I want you to
think about federal law. We are looking at that. We're
looking at the Score Act that was presented. We talked
about that in the previous segment. We have executive order
in place right now until that can pass. Remember we
talked about the federal law. It's on the House floor.
Nothing's going to be done yet until they resume and
fall to see where that goes. If it passed the
(19:37):
House and it has to go through the Senate, but
we don't know how far it's going to go. But
let's just say this federal law passes, and if it does,
that means we're dealing with NIL and uniform standards. Because
remember we're dealing state by state now, and with that,
we're dealing with some states whose law was repealed, meaning
(20:00):
was it stood for a certain amount of time and
it ended at a time It gave a reason or
a date of when it would end, and for some
states it reached that reason or date, including Georgia where
I'm at, it reached that. So if federal law passed,
will have these uniform standards. If we have these uniform standards,
(20:24):
which is something I strongly am a proponent for, I
do want it. The only thing that I'm on the
edge of my seat about when we talk about federal
laws for the NIL is what is actually going to pass,
What has been marked up from the original submission of
this federal law, what has been marked up, what needs
(20:45):
to be changed, what's going to be kept?
Speaker 5 (20:48):
How will it land? Will it land to?
Speaker 4 (20:51):
Will it to where it puts an extreme amount of
control in one hand and we still end up back,
you know, where we started. Or is it something that
is a win win across the board, that's the only
thing I'm concerned about. But I definitely am one of
the proponents for federal law because it would make all
(21:12):
of our lives easier if there are uniform standards. Secondly,
when we talk about federal law, especially when it comes
to legal representation, it makes our lives easier because now
unless you are barred in all fifty states and all
that good stuff, with federal law, you can represent these
(21:36):
athletes because you're representing based on a federal law. If
a state it has to be a state in which
you are licensing, you may have to just deal with
so many different attorneys if you're not licensed there.
Speaker 5 (21:44):
So I want it for that reason too.
Speaker 4 (21:47):
And also when it was state laws, federal law said,
I don't want it consolidated, all the power consolidated in
one hand. But when it was state laws, it was
so all over the place. Which we talked about different
states just for different Some could be strict, some could
be lenient, Like I said, some didn't even deal with
it at all. And you literally can have an athlete
(22:11):
go from college to college and cross state lines and
have to think about something totally different than where they
were at before. I really, I mean I don't want
to still be there for the sake of the athletes
and the coaches and the supporters of the athletes. So
we'll have a national oversight body if federal law passes,
(22:32):
and I'm all for it. If nil remains in the
hands of the state, I strongly believe we will continue
to see patchwork of policies because I don't see each
state being uniform. It never It wasn't to begin with.
Speaker 5 (22:50):
It's not like these state legislators got together and say,
what are you gonna do? You're gonna do to do it? Okay,
let's all try to figure out make it look you know,
let's mirror each other. That didn't happen.
Speaker 4 (23:01):
I don't see that that's not going to happen, right,
So we'll still see these patchwork of policies where now
athletes and their supporters will have to understand the state
laws in which college they are interested in attending.
Speaker 5 (23:15):
They have to really understand that.
Speaker 4 (23:19):
Again, depending on what the federal law look like, it
could be an advantage to keep his state then, So
that way it's not all power consolidating one hand. I mean,
we figure out the patchwork policies. More work, more study,
you know more understanding. Okay, it is what it is,
so maybe you know that's advantage to look at, but
(23:40):
there can also be disadvantages again solely based on the geography.
And for some schools, they felt that was very hard
to competing right, Like it was like depending on the state,
we feel like this state or this school may be
more attractive to an athlete because of the totality of
the state situation, where ours may be less attractive because
(24:02):
of the totality of the situation, but it may be
the best fit for the athlete when it comes to
their athletic talent or even maybe their interests academically. But
we can't compete with this other state based on everything else,
so they may gain more opportunities in our other state
and they're just focused, solely focused on the opportunities. So
that's what happened for's state hands. So pay attention, so
(24:23):
federal law state hands. And then we also have to
look at this House settlement. We know, dealing with this
House settlement, we're at least looking at the next ten years.
Speaker 5 (24:37):
So all of the terms that we're agreed.
Speaker 4 (24:40):
To in the House settlement, and although they have to
flush them out such as the nil go that I
just mentioned and some other issues which ties into the
federal versus the state with this House settlement, if it
remains in the state hands, then although the plane of
a time erneys, you know, the student athletes that represented
(25:02):
this class action for all of the Power five schools,
Power five conferences, and all of the colleges Division one
colleges that decided to opt in. Because the House settlement
was really for applied to the defendants of this case,
which is the NCAA of course, and the Power five conferences.
(25:24):
But if any Division one school decided to opt in,
then they can get benefit from the House sediments or
benefits from the House sediment terms. So if the state
end up keeping control, then some of these terms are
going to be litigated. They're going to be fought again.
(25:45):
We talked about the title nine. There's things that's going
to be a consistent issue. What has happened is that
there is a contract that was circulated amongst these institutions
to be signed if they're going to op in with
the House sedtlement or automatically going to be bound to
(26:07):
the House Sedtlement, that they cannot be sued. The college
Sports Commissioner cannot be schools sued for enforcing the terms
of the House Settlement. And the reason why that contract,
that draft contract was circulated and being reviewed and I'm
not sure if they finalized it yet, but that is
(26:27):
what was put out there on the table, was because
if it remains in the state hands, then the state
can push people can push against some of these terms
through the states, and they don't want to be sued.
But if it's federal, Federal already addressed some of these issues,
They already addressed that they're empowering the governmental forces. When
(26:51):
it comes to the Title nine, they're demanding to finally
resolve this employee employer issue.
Speaker 5 (26:58):
So if it goes to federal that it also helps
House state may hurt House. Federal.
Speaker 4 (27:04):
We're more than likely help the House Settlement terms, but
we know for the next ten years we're dealing with
the terms of House Settlement. So those are three things
that you really need to have on the top of
your list. If you're in this nil space is saying, hey,
I need to follow and make sure I understand if
federal law is going to take over or if it's
(27:26):
going to remain in state hands, and if so I
already know this house sediment is, you know, bound to
these institutions for ten years, and that can possibly look
different for my athlete or from the athlete for myself,
depending on where it's going. So we're at a very,
(27:47):
very a point of a lot of tension. But this
is a great point for you, for you to dig
in and to actually get ahead. Right, there's a difference
between access and accountability and potential and pepper preparation, and
(28:08):
the difference between those two is competency. As long as
you're competent and you, you know, start understanding this. Well,
speaking of which, good segue to this whole educating You
know the athletes, right, so we know the athletes are
at the center of nil and this has been a while,
but many are still you know, underinformed about how to
(28:32):
navigate it.
Speaker 5 (28:34):
So what about pay?
Speaker 1 (28:37):
Right?
Speaker 5 (28:38):
What about how do you.
Speaker 4 (28:41):
Look at how should my athlete get paid? Or the
athlete how should I look at getting paid? If first
of all, they do have relationships with other individuals at
those schools that have been around them, that have either
went through the system and graduated or there, and they're
willing to share all those things are case by case
(29:03):
it's good to just be informed right least if you
have no knowledge at all, to get some type of information,
but just start flushing out what is your value AD
based on that particular deal, what is your value AD,
and then you can curate your value ASK. I say,
(29:26):
look at hiring people as well. Yes, you may get
an agent. And even right now, right especially through the
house settlement, the institutions themselves can now offer these nil deals.
Speaker 5 (29:39):
They can share through revenue.
Speaker 4 (29:41):
They have a cap of how much they can share out,
but they can offer these nil deals. I don't care
if it's the school or third party. You have to
have the right conversations. The only way to start with
the right conversation is understanding your value AD and then
you can put out your value ask. But also build
teams around you. Even though the schools can provide some
(30:03):
type of support with nil deals. What I always advise
individuals is you want somebody on the outside right. This
is in every area, So me as an attorney who
also deal with creatives like individuals and entertainment industry, especially
(30:26):
when it comes to like say music, you'll have some
individuals that will sign deals and be in the boardroom
with the label that they're signing with, and there'll be
an attorney there that's supposed to explain and guide and
all that. And what I always tell them is who
brought the attorney to the table, that's whose best interest
(30:50):
is in mind. When it comes to legal right. One
of our duties, are ethical duties, is to provide, of course,
the best representation, meaning you know, competent, but also have
our clients' best interests in mind, have our client's best
interest in mind. There's no way I can have anyone
(31:14):
else's interest in mind if it conflicts or is slightly
in any way different than my clients, because I have
to have my client's best interest, not better. So whoever
brings me to the table, it's my client, that's who
best interests I have in mind. There's times my client
may say, okay, I want what this person's say is
(31:36):
saying or whatever, and that may end up being, you know,
a great interest for the other party. But that's because
that was my client's best interest. It's the same thing
I tell the entertainers. Don't say a lawyer was there.
Speaker 5 (31:49):
A lawyer was there.
Speaker 4 (31:49):
A lawyer may even talk to you about the situation
prior to talking to you, the conversation was with who
the client is and what their best interest is.
Speaker 5 (31:57):
It's the same thing here. So although you have individuals
that say they can guide you or talk to you
if you're.
Speaker 4 (32:07):
If they're representing a separate entity, we clearly see that
right because we see the court cases. It's not like
the institutions are standing on the side of the athletes.
Institutions are standing, conferences are standing with NCAA. They're always
on the opposite side here. So, yes, it's great that
they're told you have to do these things to guide
or whatever, but at the end of the day, the
(32:29):
best interest of whoever that individual is representing has to
be who they work for. So this is why I
tell athletes, even when you're dealing with your institutional they
have the departments, they can tell me that that's great,
but you have to build your own two kid as well,
get these teams. And so some people may say, well,
what does that look like? How do I hire these
(32:50):
outside teams? Because you're right, there's so many people you
have agents or whoever you may hire, maybe hiring from you,
all one fees and percentages and all that. Well, because
you stepped into this game, you have to know how
to just ask. I mean you get knows, you get
know's whatever, but you have to know to ask what
(33:10):
is fitting for your situation. Some negotiate fees. Some people
fees are non negotiable. Ask if there is an opportunity
for flat fees versus if some professions.
Speaker 5 (33:28):
Offer hourly fees.
Speaker 4 (33:30):
Acts if there are contingency fees meaning contingency fees meaning
I pay when this comes in like it's contingent upon
landing this situation, and your fee is tied to landing
this situation. Outside of asking how to navigate hiring someone
(33:50):
in their specialties, also have the conversations of what is
the fee for. As you're hiring your team, you want
to make sure you're at it value to you your team.
These individuals that you are hiring, they think of them
like partners in your business. This is your business. You're
(34:10):
bringing on partners, you're bringing on investors. You're going to
identify partners or investors in any regular business the same
way you would do here. How does this partner investor
add value to me? And it has to be beyond
a title. The title the role may get you to
(34:32):
who you actually identify, but then that conversation has to
go deeper.
Speaker 5 (34:37):
What is your fee for?
Speaker 4 (34:39):
How is that value add So you want to ask
those specific questions as you're building your team.
Speaker 5 (34:46):
So it is possible to build a team, you just
have to you have to ask.
Speaker 4 (34:49):
You can't just say, Okay, an accountant, I need that,
and is this? An attorney is that?
Speaker 5 (34:56):
And I need this? An agent is that? And I
need this? Oh, but I can for you have to
say I need these things.
Speaker 4 (35:01):
These are things I need first of all, prior towards
prioritize what you actually need. Then say, I might identify
individuals in this area, and then I'm going to have
the conversation that needs to be had with these individuals
in the area and whoever's a fit for you as
a fit. So I may say yes, may say no.
Like for me, for instance, by fees are no negotiable,
so I'm not negotiating fees, but for some they may.
(35:26):
But for me, I don't do hourly, I do flat.
So there's a lot of different things there. You have
to find who is a fit for you, But you
need to find that fit in the direction that we go.
We need to find that fit and not depend on
one lane. Nor should athletes depend on just their institution itself.
(35:48):
So next we're shifting to ownership. Right that I mentioned earlier,
We're not it seems like this conversation, it's not even
gonna say it seems like this. We're all going to
be honest. Who's listening and who's a part of the
NIL space. The conversation is centered around.
Speaker 5 (36:08):
Profit. That's what it is. Bottom line is centered around profit.
Speaker 3 (36:14):
We have some.
Speaker 4 (36:14):
Outliers, but we're really focusing on profit. And I don't
care what side you're on. We're focusing on profit. When
it's an athlete and I want to get on an
ideal I can make some money if someone supporting it.
Speaker 5 (36:26):
I want to land an athlete that we can make
some money. So it's always around profit, but all sides
can win.
Speaker 4 (36:32):
When it comes to even ownership, we all need to
be thinking about, you know, the longevity of the situation,
not just the knockoff of the deal. So it's not
just about profit, but it's about positioning. So as we
continue to shift here more so when things are laid
out the way they're laid out a little more clear,
let's shift our mind from thinking about profit to positioning
(36:53):
positioning an athlete, positioning yourself and really make sure that
the athlete understan stands this trajectory and not to get
distracted by all the other stuff, like this is a
huge deal, not just again keep repeating, it's not just
gonna make a lot of money. This is a huge deal.
This can be life changing for everybody. And so what
(37:16):
are some of the conversations that you should have with
these athletes when we're talking about trajectory and even thinking
about for yourself, especially if these things are not in
order right now and you're dealing with athletes, you have
to start thinking about what it says name, image, and likeness, right,
that's what we're talking about. More so, feel new in
(37:37):
this space, but always been I mentioned that before. Well,
what about protecting it at the highest level? What about
protecting your name, image and likeness at the highest level?
Speaker 5 (37:51):
Right? Federal trademarking it? Why does that matter? For so
many reasons.
Speaker 4 (37:55):
If we're talking about nil deals and we're talking about
especially getting paid for them. One, you protected and make
sure this is yours and you control it. But the
licensing conversation change. If someone comes to me like you're
adding value to things, If someone comes to me and
(38:16):
want to have this negotiation about how much money they
get and all the things. I'm gonna look at the
value of what they're putting in front of me. If
it's that much value in it, I'm going to counteract
whatever was put in front of me and renegotiating and
push back. No, no, no, no, this is the value
I'm getting from that. If now, if I could get
(38:38):
more value myself, then yeah, I'll pay into that. Well,
when you're federally trademarketing, you put that R behind that name,
image and likeness of whatever represents that athlete's particular brand.
It's a different licensing conversation. They're dealing with something that
adds more value because we know it's federally protected and
(39:04):
it literally shows that I'm absolutely serious about putting my name,
image and likeness on whatever you want me to promote.
You're literally getting something that is not just out there right,
it is not just tied to talent, but you're getting
something that understands the business market. So it just levels
(39:25):
up the conversation. Another thing about ownership, think about having
these conversations with your athletes on forming business entities. Forming
these business entities again, for several reasons to show the
seriousness of it. A lot of times it would help
right to have these business entities and a business entity
(39:48):
is actually loaning out this talent and not the transaction
being between athlete and entity business entity. Business entity to
business entity, have conversation and then ay loan these athletes out.
Speaker 5 (40:04):
It's a different level of ownership. Not to mention it
can manage income.
Speaker 4 (40:11):
Me getting an income as an individual versus my business
getting an income is two different conversations, and that's where
you need to bring a tax attorney or a CPA
on board as well. But if you're talking about shifting
from just thinking about making money to positioning yourself of
these conversations or your athlete these conversations, these are the
(40:32):
things to think about again, not just athletes, but anyone supporting.
If you have not federally protected or trademark your front facing.
Speaker 5 (40:44):
Brand as well, that's something you need to do right.
Speaker 4 (40:47):
If you're going to have these conversations with athletes, you
have to have these conversations by leading first, being the
example and showing them I am about what I talk about.
Hopefully most of you are definitely forming business entities for
an additional reason liability. You're opening yourself up to representing
(41:15):
the different athletes, putting yourself out there. Then you want
to go ahead and make sure that you are doing
so through your business. You know you're signing contracts. Think
about how you are signing those contracts. First of all,
we talk about the athletes, where the athletes business and
(41:36):
business signing it that helps them as far as liabilities
or you know how much that they will be responsible
for and being protected limited in their liability.
Speaker 5 (41:47):
And then you too, how.
Speaker 4 (41:49):
You're signing contracts, but also just having speaking of contracts,
having contracts that align with long term careers.
Speaker 5 (41:58):
I mean everyone's pushing. I gets it. Hey, come with me.
I got this incubator. We're gonna sign it, and we're
gonna go all these deals and they're ready. It's great.
Speaker 4 (42:07):
Take advantage of the opportunities there, but slow down when
you get in front of the opportunity. Don't rush or
feel rush when people are rushing. Okay, what opportunities do
you have? Ask the right questions, you get the right answer.
Asking right questions is what helps you elevate, not just
asking questions or asking or not asking questions. Asking questions
doesn't necessarily help you elevate no more than not asking questions.
(42:30):
Asking the right questions is what do so you have
these contracts, and these contracts that's been put in front
of you, you know, look through these terms. Are there
terms that help you with your long term vision? If not,
are those some things you can negotiate in there? It
doesn't have I'm not saying that the contract has to
(42:52):
be long term. What you are gaining from that contract,
what you want to negotiate, is going to help you
in your long term career plans. So look at that stuff.
And again I touched on this a little bit. Plan
for these taxes. That's one of the most quiet issues
(43:17):
that have been talked about. There's a lot of issues
that came to the forefront dealing with the nil right
that people had to learn on the fly and had
to adjust. One that's not talked about so much is
the tax issue that people just did not understand. You
get paid, I don't care if it's in kind monetary.
(43:38):
There's different things that can trigger your tax liability and
people did not know that. And so planning for taxes,
and again that goes back to what I just said
earlier about you know, possibly establishing a business to have
that conversation, because you have to think about is this
(43:59):
a hobby, is this something that is actually a business?
I take serious and I also expend money. I have
expenses that are related to my business right that pushes
(44:19):
and promotes my business. So those are conversations that needs
to be had. Now. I mentioned last segment that I
was going to just talked about a few example of
athletes that it's thinking along the lines that I just
talked about, thinking along the lines of it's not just
(44:40):
being profited, but it's being positioned, positioning that probably wouldn't
have otherwise been an opportunity before, and understanding that I'm
not going to play for the rest of my life.
So this isn't a conversation even about I may not
make it to the lead in whatever sport. I may
(45:01):
at make it to the elite level, that's not it.
I don't care even if you make it to the
elite level, even if you know you're that talented. The
one outcome that's universal for everyone, no matter their talent,
no matter if they're making it to league, making it
to the pro levels, whatever, it is. The one conversation
(45:23):
that's universal is that you will not play for your
whole entire life. And even if you make it to
the pro level, injury can happen. A lot of things
can happen. So you want to be thinking about, Wow,
this is an opportunity to set me up. This is
an opportunity to build relationships. This is an opportunity to
(45:50):
show my talents off the court, off the field, off
the track, off the course. This is my opportunity to
show that that I may not have otherwise had. But
I've got some few individuals that I will share and
you can look more into them. I mentioned in the
(46:12):
last segment that I was going to share Shadoor Sanders,
and I know some people will say, well, you have
his father around him that understands all this and also
may help as far as his positioning. But one thing
I can also tell you too, as a parent, it
(46:33):
doesn't matter. Once you know what you can do or
how you put some position you put somebody in, it's
still up to that individual to take it and do
something with it and to stand in it.
Speaker 5 (46:46):
Right.
Speaker 4 (46:47):
So Chador, he's definitely built a carefully curated personal brand.
We can see that, and I arguably I may say inarguably,
but arguably some ways. We'll say that personal brand that
he has built has ruffled some feathers.
Speaker 5 (47:11):
To the point where people were shocked with the NFL
draft and thought that to go here, there, there, But
it was a point being made either way. I for
me with him in that.
Speaker 4 (47:29):
My understanding, the reason why to even want to get
drafted higher is because it just opens up more opportunities.
You talk about that rookie contract. It can affect a
lot of different things. But when you have someone like him,
I mean when you have Nil that have opened up
now because that all really was a big deal when
they weren't getting paid for their name, image and likeness, right,
(47:51):
But now when you have that open up, unless someone
can put into comments how that's punitive, I don't get it.
Nil opened up and he positioned himself with that so
that the reasonings of wanting to be all the way
up there all the perks that come with that.
Speaker 5 (48:10):
He's in a good spot.
Speaker 4 (48:10):
He can really play because he loves the sport and
not have to depend on it for anything else. But
he definitely curated his brand. He focused on his athletic talent.
He always appeared to stand in his personal values. He
landed so many different type of endorsement brands with Beats
(48:33):
by Dre, Gatorade, the Brady brand, and correct me if
I'm wrong, But I think in my educational knowledge, you're
talking about Tom Brady. He didn't go first round. I
mean this was when not even nil was out there,
and he did. It didn't matter where he went when
(48:53):
he was picked in the rounds. What he showed up
and did.
Speaker 5 (48:58):
Afterwards changed all that anyways. But I digress.
Speaker 4 (49:03):
But he got all these deals, and when he got
these deals, he definitely chose partnerships that strengthened his image.
He knew what his image is. Nothing that was going
to compromise his image, nothing that didn't align with his
type of values or future ambitions. So that's what you
(49:27):
call ownership. Not taking every deal that comes in front
of you. If you're focused on profit, A lot of
times that will happen. You're focused on profit, you're looking
at the numbers and you're gonna take whatever comes in
front of you. You're gonna hear individuals say, oh, I
got all this, these deals, come with me.
Speaker 5 (49:45):
If you want deals, you're.
Speaker 4 (49:46):
Gonna go everywhere that someone says that, But if you're
focused on positioning, then you're gonna really take your time
to see what deals strengthens and aligns with your future
ambitions because you're looking at positioning. But he definitely, because
he did all of that, his type of earnings and
(50:08):
things that he did, he managed that strategically and he
did so and he said this before, to make sure
that all of this outlives his playing days. And that's
exactly what I'm talking about, right. He maintains creative control
that has been made known. I maintain creative control. A
(50:30):
lot of times these athletes are entering into these contracts
and they're losing creative control over your deal. Well, I know,
if you're already serious about what I just told you earlier,
looking into federally protecting and registering all that good stuff,
you're already going to be serious about your image, your brand.
(50:51):
They're gonna see you're serious and you're going to make
sure you look at those type of terms so that
the way you can maintain creative control in your brand
and in your image period. So yeah, he's definitely turned
down a lot of different deals and aligned with whatever
is going to go for him. Trevor Lawrence, another individual,
(51:18):
someone who was more focused on the financial aspect of it.
Already was into you know, finance as interests as a
business interest. Anyway, he had financial discipline from the start.
(51:39):
When he looked at nil deals, he looked at opportunity
of opening doors, being able to choose opportunities that would
help him on the financial side, right, looking at approach
(52:00):
his team, looking at, hey, what are some wealth management
opportunities you know for me? He also had deals with
Gatorade and Blockfolio looking at investments and they were strategically
chosen and professionally managed. And he put the people around him.
(52:21):
When you're talking about financial position and him wanting to
be in a great financial position in finance, he worked
closely with financial professionals and made deliberate choices to prioritize
(52:42):
his stability over all of the flash. But his mindset
was already there, right, his mindset, I understand financial discipline,
but I'm going to use this to step into an
arena where i can show my financial discipline. So understanding
ownership again, understanding positioning over profit. The Cavendier twins, Hannah
(53:08):
and Hayley. I watched a lot with these two young ladies,
very bright and driven young ladies, and I will say,
you know, look them up and I added them in here,
so we don't have these conversations just about like you know,
football or Deon Sanders. This applies. This again is equal opportunity.
(53:35):
When it comes to the mindset. Where it's not equal
is if you don't know. But once you do know,
you can now shift your mindset to say, this is
how I approaching NIL and this is the reason why
I'm doing what I'm doing so we can know, and
(53:56):
this is why you're going to share so more people
can know and we can shift our mind mindset.
Speaker 1 (54:00):
But you have.
Speaker 5 (54:03):
These twins, and they started out with.
Speaker 4 (54:08):
Getting these collegiate collegiate nil deals and they always said
if you watch all of their interviews and things they
talked about, they always said they had in mind, especially
when it's opened these opportunities open to build a forty
year strategic plan. You have these young girls talking about,
(54:33):
we just had this ideal of building, you know, a
forty year strategic plan, and we have this plan as
we wanted to focus on, and we knew securing nil
deals can funnel right into that. And of course they
got great people around them too. They talk about that.
(54:54):
They said, we knew that we had to surround ourselves
and put people in positions that understood the things that
we didn't understand very smarter, like this is not the
same thing I'm saying. We put people around us to
understand the things we don't understand. We understand the plane,
we understand this, but we don't understand the other things
(55:14):
that can help us build in our forty year strategic
plan with these opportunities that we have.
Speaker 5 (55:23):
In front of us.
Speaker 4 (55:25):
And so they put those individuals around them, and for them,
it was definitely more than just about profit.
Speaker 5 (55:31):
Right.
Speaker 4 (55:31):
Their conversations didn't stop at how much am I going
to get for this nil deal? They start having conversations
about equity, And so those are some of the conversations too,
especially again, when you build more leverage, then.
Speaker 5 (55:48):
It allows you to have.
Speaker 4 (55:51):
It expands your conversations, It spands your negotiating power, it
expands everything. And equity is great because if you're paying
me and we're wanting done, and it may sound good,
I don't, I don't.
Speaker 5 (56:02):
I don't care.
Speaker 4 (56:03):
Even when someone says I'll give you this multimillion dollar deal.
First of all, as soon as you give it to me.
Money depreciates. I pay these taxes, all these things. But
when I can get some equity, I continue to make money.
As long as you make money, I have a stake
in this company, and as long as you're good, then
(56:24):
I'm good.
Speaker 5 (56:26):
And they got equity and better media. They establish and have.
Speaker 4 (56:34):
Ownership of multiple businesses and brand extensions.
Speaker 5 (56:40):
That's the only thing that can happen with licensing. If
you create something.
Speaker 4 (56:45):
And you have a federally protected brand, you can create
something something and licensing license that thing out to other
individuals that may already have that company established. That So
say I decide to do athletic war instead of me
(57:08):
doing all of the laborist work. I have the star power,
the name, the image of Likens, all the things behind it,
and I need you.
Speaker 5 (57:17):
I need to license this to you already have the
company that is in place.
Speaker 4 (57:22):
So these Cameradar twins moved beyond sports. You sports as
a catapult for entrepreneurship and lifestyle and all of these
athletes and there's more. There's more, and there's obviously some
that probably are not sharing their stories, but they've demonstrated
(57:48):
how you know, athletes can literally graduate from this ideal
and overall, the excitement of participating in NIL to owning,
creating ownership, changing generations, elevating their generations, and ensuring that
(58:09):
revenue and their influence goes long after their athletic careers ends.
So these are the things you need to be talking about.
These are the things you need to talk about if
you are representing athletes. I strongly believe it would completely
(58:30):
set you apart because I know when I have these conversations,
it's always it always seems to be brand new to them.
It's like, I don't know, Oh my gosh, you're just different.
You're oh, you know, become this angel. So I gave
you this nugget. If you're someone that is representing these athletes,
have these conversations to set yourself apart. But be truthful
(58:56):
and honest, and you're walking this conversation to help now
set your athlete apart. And if you're an athlete that
that's listening to this, these are these are the ways
that you should show up and leading your conversation, because
how you show up dictates how someone is going to uh,
(59:17):
how the rest of the conversation is going to go,
what someone's going to offer you, how they want to
deal with you. All that stuff is going to make
a difference. So again, a winning NIL strategy is not
about chasing every deal. It's about building a brand with
(59:39):
staying power. And when we all get this, then we'll
definitely go from the ideal or the mindset of get
paid now to own the game later. So I had
(01:00:00):
a couple of questions before I close out. I want
to address a couple of questions that was actually.
Speaker 5 (01:00:07):
Sent to me.
Speaker 4 (01:00:09):
And if you're listening now and if you have some questions,
this is your time to submit it.
Speaker 5 (01:00:13):
I did allow for.
Speaker 4 (01:00:17):
Chess Instagram, Okay, how do athletes make sure they say oka,
I'm gonna get to that question. I did allow for
after each segment to ask questions you can you know
posted on the actual video and all that. After this
last segment, more likely than not going back, I'm going
(01:00:37):
to continue on. I have other It's time to bring
the guests back on and I start that immediately next week,
so I will not be able to keep going back
because I never know when someone you know, listen to
this video. I will be always going back to my
videos as answering questions, but.
Speaker 5 (01:00:55):
As your.
Speaker 4 (01:00:58):
Reward for engaging and tuning, and that's what I allowed.
And then even those who end up having to watch
the replay as long as it was doing these four segments,
that's why I also allowed. But after this, I'm not.
So if you do have a question, make sure you
put it up. So I'm gonna try to pull up
(01:01:20):
all questions and.
Speaker 5 (01:01:22):
You know, get to what was actually asked here. Let
me get to.
Speaker 4 (01:01:36):
All right, So I have a question here, is joining,
you know, marketplaces or working as a marketing nil agent
legitimate ways to work without licensing? Or do I still
(01:01:59):
need to be licensed licensed in whatever state an athlete
is in.
Speaker 5 (01:02:06):
So to answer that, I know.
Speaker 4 (01:02:10):
People will say, oh, that's the Lowyer way of answering it. No,
it'll be clear, but it is. It is definitely one
of those answers, though it depends. So the reason why
I say it depends, well, first, let me just go
ahead and give you the straight out answer. And I'm
talking about under Georgia law right now, if an individual's
(01:02:35):
focused solely on promoting an athlete for publicity purposes without
engaging and activities such as negotiating or soliciting professional sports contracts,
(01:03:02):
endorsement contracts, or any other type of agreements that's tied
to the athletes, then it would not necessarily fall under
an athlete agent. If you're literally marketing for publicity purposes,
get the athlete out there, get them known.
Speaker 5 (01:03:22):
I'm marketing you.
Speaker 4 (01:03:23):
I'm marketing you, but I'm not engaging in the activities
of negotiating with contract or actually soliciting these contracts.
Speaker 5 (01:03:29):
I'm marketing you.
Speaker 4 (01:03:30):
So possibly maybe that will help you land more eyes
on you, and if it does, then an agent can
take it from there or whoever can take it from there.
Speaker 5 (01:03:40):
But if you're strictly focusing on the marketing.
Speaker 4 (01:03:43):
Aspect, then that generally does not fall within being an agent,
and you don't have to in Georgia get a license.
Speaker 5 (01:03:56):
And the reason why I started off with what it
depends is because.
Speaker 4 (01:04:01):
Sometimes, you know, individuals may say that and then find
themselves crossing a line from marketing publicizing, and then all
of a sudden, you market you're publicizing, someone identifies you
as the one marketing this athlete, they contact you about
(01:04:21):
this athlete. You end up contacting your athlete and you're
talking about this deal and the next thing, and next
thing and next thing, and then it can cross the
line of offering athlete agent services. So that's why I
have to lead what it depends because it depends on
where you stand and where you lie and where you
(01:04:41):
you know, have that clear line of the service that
you're going to actually provide for.
Speaker 5 (01:04:51):
The athletes.
Speaker 4 (01:04:51):
And I'm going to give you a law to look up.
You should be able to have access to this, not
just our attorneys. We have access to a lot of
different stuff in our you know, legal database and software.
But this the Official Code of Georgia annotated. It is
something that you can look up online to really make
(01:05:15):
sure you stay aligned with this what I'm telling you.
Look up o c GA Oscar Charlie George Alpha forty
three dash four A dash four and when you look
(01:05:38):
up OCGA forty three Dash four A dash four, it
will talk about the certification of registration required and what
some exceptions are.
Speaker 3 (01:05:48):
And in that.
Speaker 4 (01:05:50):
Statue it also talks about Okay, if you started a
certain way, you intended that way, then there is some
grace for you to now.
Speaker 5 (01:06:04):
Go ahead and get.
Speaker 4 (01:06:07):
Fall in line. You'll have seven days to fall in
line to go ahead and register for being an agent.
Speaker 5 (01:06:18):
So I hope that helps with that.
Speaker 4 (01:06:20):
If you know you're staying strictly on marketing and nothing else,
and it's not directly or indirectly crossing the lines in
any ways that's listed in that statue.
Speaker 5 (01:06:30):
Then no, you do not have to be licensed. So
it depends the next question.
Speaker 4 (01:06:38):
Do you suggest I get an athlete agent license in Georgia?
Speaker 5 (01:06:44):
Well, yes, it's gonna come for me.
Speaker 4 (01:06:52):
Even with that question, I just had as far as
if I'm just marketing, because you're asking me, right, so
I can only give you do you have to get
it if you're just marketing?
Speaker 5 (01:07:00):
That answer to that was enough what I suggested.
Speaker 4 (01:07:03):
Even for someone who's just focusing on marketing, I would
just because you're asking me, that is the type of
person I am, right, So just to give me an
example as an attorney who have represented potential NFL players
and all that, my mindset was, I'm going to.
Speaker 5 (01:07:22):
Go get certified.
Speaker 4 (01:07:25):
Although there's two different lines, I'm going to go get
certified because I know I'm going to cross the line
of agency because I know specifically what legal is, and
I knew also when I advise from a legal perspective,
I had certain doors closed, certain conversations that wouldn't be
(01:07:49):
had if I didn't have.
Speaker 5 (01:07:52):
A license.
Speaker 4 (01:07:53):
So that's what I got at that time. I didn't
want no doors closed. I didn't want any stoppage at all.
I like all cards in my hands to choose how
I want to plan. That is me same thing with
me being a closing attorney. I close on real estate
deals as an attorney. But I decided to go ahead
(01:08:16):
and get my sales agent license one and this also
applies to the NFL certification one I increase my education.
I wanted to think about it outside of an attorney perspective.
I wanted to think about it like right in the heart,
(01:08:37):
right on the ground with whatever I'm dealing with. So
to get my NFL certification, it's a different conversation, it's
a different understanding.
Speaker 5 (01:08:45):
I'm seeing it from a different perspective.
Speaker 4 (01:08:47):
We're getting my sales agent license and seeing from an
agent perspective, it is totally different.
Speaker 5 (01:08:52):
Again, I am a type of person. I like to
have all cards in my hand to.
Speaker 4 (01:08:58):
Be able to do the things that that I want
to do with no limitations, to be completely educated verse
in my conversations.
Speaker 5 (01:09:07):
That's something I do.
Speaker 4 (01:09:09):
So from me personally, I'm gonna say yes if you're
gonna deal with athletes, especially especially from a marketing perspective,
I see that can easily eventually cross the line or
want to. But I would say, you know, yes, answer
to that, and to do that, you will go to
(01:09:31):
the Secretary of State and look up the Department of
Georgia Athlete Agents and read all the information and requirements
for Georgia's licensed athlete agents and all that good stuff,
and then the applicants that's there as well. You know
all the information there, so you will go there to
(01:09:52):
look at that. Now, if you're dealing with other athletes
in other states, you want to go and read their
state law too, because they may require you. That's because
your license in Georgia doesn't mean you could deal with
other athletes in different states. So you want to read
the laws for those other states to see what their
requirements are in those other states. Okay, I'm gonna get
(01:10:24):
back to this question because it's gonna take longer, So
let me go to another question I just seen come
through on Instagram.
Speaker 5 (01:10:31):
How do athletes make sure.
Speaker 4 (01:10:35):
They still control their name and image if they switch teams, schools,
or organizations. Perfect So the question was, how do athletes
make sure they still control their name and image if
they switch team schools and organizations. That is a great,
(01:10:56):
great reason to back up what I said earlier. If
you federally protect whatever you are putting out there, it
goes with you everywhere you here. When you show up,
it's it's school to school. If you switch, it's after school.
This now become whatever you federal protection. You're saying, this
(01:11:18):
is a source identifier. This is a source identifier of
a product or service.
Speaker 5 (01:11:24):
That's being offered. What do you mean by that?
Speaker 4 (01:11:27):
Alokisha? Okay, So if I get trying to say with
brand I want to name I wanted to say, and
who I don't want to say, I don't know if
I if I get uh Tefler bag, the brand of
(01:11:49):
that Tefler everyone you know that like that is the brand.
So if I'm going to go by and that brand
is identifying that, we're the source that produces all types
of bags, pursues, tope bags, all types of things. There's
the source identifier Tefler that produces whatever this thing is.
(01:12:13):
So when you federally register it, you're saying, I'm taking
this seriously, but you're protected with that.
Speaker 5 (01:12:20):
In all fifty states. You're protected in the US.
Speaker 4 (01:12:25):
Off of these states, plus Puerto Rican wherever else whatever,
US you're protected nationally.
Speaker 5 (01:12:31):
So it's with you, it goes with you. So you're
showing that.
Speaker 4 (01:12:34):
Now that question also makes me think about another thing,
and it goes into the question I was asked here,
so I would deal with it here. What's actually another
question here for some of you know, it's here.
Speaker 5 (01:12:49):
What clauses are must have?
Speaker 4 (01:12:56):
What clauses are must haves in an NIL representation agreement
to protect the person that's representing the athlete and the
athlete themselves. So let me go ahead and start with
where I was gonna go with that, and then I'll
get into some other stuff. So even if you federally
(01:13:20):
register and protect whatever you decide, your source identifier is
for the service you're providing our product, and yes you
can protect the name. There's a whole different things that
you you know, checklist you have to go through, but
it is protectable if you sign a contract. And this
is why it's important to look at the intellectual property provision.
(01:13:43):
And you end up signing over rights to someone else,
you can lose what you work hard to protect. So
making sure you still control has a lot more to
do with be careful of what you sign and what
(01:14:04):
control you give up. When you're talking about licensing and using,
you have to talk about and this goes to your
question about terms like duration. What is the duration of
the use of this name, image and likeness? Is there
(01:14:24):
a sunset clause meaning it goes down webre I talk
about sunset clause with legislation, it goes down to a
certain amount of time. What are the parameters restrictions the
use is for this specific thing?
Speaker 1 (01:14:39):
Is there.
Speaker 5 (01:14:41):
Location?
Speaker 4 (01:14:42):
You have to get very clear on IP intellectual property use,
and the one thing you want to be clear on
before you get into all this stuff is that you
retain ownership in your IP. It's no different when you've
seen the other contract. They're gonna make sure they mention
that also. Institutions. You got to be very careful too,
(01:15:04):
because in a lot of the policies and rules, there's
certain things you can and cannot do and tie their
intellectual property to your showing up in your deal and
what you're doing, especially in high school, talk about a
little bit this is not high school segment and may
do that later, but you got to be careful of
not violating any intellectual property or infringing on anybody else
(01:15:28):
intellectual property. And that needs to be in the contract
that whatever you do and they ask you to do,
it cannot be an infringement on someone else's intellectual property.
So don't give up your control. No, it's federally registered
if that's what you still choose to do, and have
parameters and guidelines on the usage. Don't just sign these deals.
(01:15:53):
You have a lot of athletes who end up just
finishing and they're using the name, image and likeness in perpetuity,
and to be honest with you, a lot of times
that language is in the agreement that the use can
be in perpetuity. So you have to hone in on
how long it can be used and if it has
if they want longer, then there's more money and there's
(01:16:13):
other things that has to come into play with that.
But never ever, and make sure you do not give
up control co ownership if possible. I'm not gonna tell
you what to do and not to do. I'm just
saying those are things that you want to think about,
and if you so choose that you want to do
that you can.
Speaker 5 (01:16:30):
But those are the things you want to be looking
out for. Make sure as you're you're.
Speaker 4 (01:16:39):
The non athlete, if you're entered into agreement, what does
breaching the contract between you and them look like?
Speaker 5 (01:16:47):
What does that mean? What is breaching the contract? What
are like.
Speaker 4 (01:16:52):
Material reasons? Because some people say, oh, you breach a
contract because you just didn't do X y Z. Why
can tell you this? A lot of times the courts
would say, yeah, they probably didn't do X y Z,
but that's not material to the contract, meaning that it
doesn't it's not the core the essence of the contract.
It didn't really harm the contract as a whole. The
whole thing didn't fall apart by not doing that. So
(01:17:13):
a lot of times people just say, if you just
didn't do this, it's a breach. Not necessarily, it has
to be material and you have to list. Don't leave
it up to a court to decide what's material. List
what's material to you of you know, for them to
do or not do, and what would be a material breach?
Listing there, what would actually be.
Speaker 5 (01:17:36):
How a breach can be cured not cured.
Speaker 4 (01:17:40):
Definitely, make sure you have in your contract the jurisdiction
that's governoring your contract.
Speaker 5 (01:17:46):
If there is a breach and you do have to
tackle this issue. Where are you tackling that issue? And
this state that you're in.
Speaker 4 (01:18:02):
Is it the courts? Is it some type of arbitration mediation?
Is it a combination of both?
Speaker 5 (01:18:10):
Have in there?
Speaker 4 (01:18:11):
What's the jurisdiction and how you actually will you know,
work on resolving these potential issues?
Speaker 5 (01:18:22):
Is the deal?
Speaker 4 (01:18:23):
And this is huge for athletes for sure, because institutions
can put this in their contracts now too.
Speaker 5 (01:18:30):
Institutions can offer these deals. Athletes can do deals with.
Speaker 4 (01:18:37):
Anybody now, right as long as they're not violating a policy, right,
as long as it's not violating some type of moral
clause or something in school says we don't want you
tied to a tobacco company. But they can do contracts
with anybody, including schools. Now, however, what you have to
pay attention to is if there's exclusivity claus in a contract,
(01:19:00):
Because if there is and you didn't pay attention to,
it doesn't matter that they can do a contract with
other individuals. What's going to happen is you're going to
be exclusive to the individual or entity that you're exclusive to,
and the institution can put exclusivity clauses in there for
you to be exclusive to them, and now you can't
do third party deals. So paying attention to being non
(01:19:22):
exclusive versus being exclusive is a huge thing to pay
attention to in.
Speaker 5 (01:19:30):
The contracts.
Speaker 4 (01:19:35):
And not even to mention that right. So things are
case by case, but I do want to say that
in general period and contract a law, there are things
that you have to just have in a contract in
order for the contract to even be enforceable. So even
(01:19:55):
before we talk about what are some things that should
have should not be in there, that's about everything that
has to be in there.
Speaker 5 (01:20:05):
You have to make sure that all parties of the
contract that they're in there. That's important.
Speaker 4 (01:20:11):
Also, if you go back and look at my go
through the YouTube channel, I have a whole entire segment
on contracts, like I try to bring it to life
as much as possible, but I talk about these things
about how the difference between contracts that are drafted that
can be enforceable or unenforceable. Anyways, you got to identify
(01:20:34):
all parties. You have to identify the subject matter. It
can't be something vague like what is the subject matter
of this agreement? Make it very clear and known this
thing called what we call an illegal world quid pro
quo this for that, what is the consideration? Consideration can
be money, it could be something else, but it's a
(01:20:55):
value that is being exchanged for this particular deal. Be
very clear on that and give the duration, the time.
Is there a specific place for whatever this performance or
whatever you're asking. Those things are bottom line. And I
say that because some things have been missing. These things
(01:21:17):
that you have to have that are essential to an
enforcement contract have been missing. And unless it's a commercial contract,
because we're talking about a service contract. And again in
that video, I talk about the difference between commercial and service.
There's service contract, there are some things that are required
for a service contract, service and product. Then it is commercial.
(01:21:37):
It's totally different when I get into that right now.
But if commercial does apply to you, I advise you
to go look at that. I advise you go look
at that video. So, yeah, those are some of some
of the main things. Those are some of the main
(01:21:58):
things that have in there. But again it's going to
be case by case. You're athlete by athlete.
Speaker 5 (01:22:04):
Oh, let me say this. I talked about what's in there,
right things, you know, I mentioned this, I believe last segment.
This is the difference between.
Speaker 4 (01:22:16):
Having someone who understands contracts and someone who doesn't, because
we think about what's not in a contract. Some of
the things I named would be, Okay, this should be
in a contract and you'll have it and all, but
we have to start thinking about what's not there. And
a lot of times your athlete may get contracts and
(01:22:39):
you may see ooh Alakeisha said this check is there. Oh,
she said, this check is there. And let's pretend everything
I said check is there and you say, hmm, good contract. No,
but you have to go further than think about what's
not there. And we know, especially with the House settlement,
it's already been said before wasn't really enforced, but we're
(01:23:01):
seeing enforcement more and more. We talked about where we're
possibly going, so we're gonna see more enforcement. You have
to think about what's not there. Oh, can you add
a provision about the exclusion of athletic performance compensation? So
that way when my athlete agreement go to this nil go.
Remember I just talked about they already got self stuck.
(01:23:22):
Make your contract easier to get approved. Put have them
put language in the contract that's saying what this contract
is not going to do.
Speaker 5 (01:23:33):
That helps.
Speaker 4 (01:23:34):
So even if they looking at a number and they think,
oh this pay for play no put an exclusion of
athletic performance compensation, that this agreement is not compensating the
athlete for any athletic participation or achievement. This is what
it's not doing. And so when you have those type
of clauses in there, this maintains compliance, right, and it's
(01:23:57):
and it's acknowledging and it's being intentional of what this
contract is not.
Speaker 5 (01:24:04):
So those are things I would think about.
Speaker 4 (01:24:07):
That's that's out of the box, right, And I will
also mentioned that this contract is you know, not for
you know, a student athlete to enroll anywhere or to
transfer anywhere to a particular school. So that provision of
(01:24:31):
you know, some type of prohibition of improper inducement.
Speaker 5 (01:24:39):
And so.
Speaker 4 (01:24:41):
That's what sharp skilled people like myself come in, right.
We think about what's not there, but what's going on
in the legal world. So I'm going to speak the
language of my circle when it's applicable to these contracts.
So that way I know I'm even helping with an
issue that's right. Now, there's a problem, how do we
(01:25:02):
help solve it. Let's start drafting these contracts to put
in front of you the very thing you're looking for.
I'm gonna make it very easy for you.
Speaker 5 (01:25:10):
So that is that. I believe. That was all Q
and a's that I have. I believe. So, yeah, that
is it. One more check on Instagram. Yeah, that is it.
(01:25:33):
All right.
Speaker 4 (01:25:33):
So I did finish early on time, not early, but
within the parameters that I've always presented. But I added
Q and A in this last segment so they can
get answered. The questions can actually get answered, So I
added it in here.
Speaker 5 (01:25:51):
But so to reiterate this, the future of the NIL it's.
Speaker 4 (01:25:59):
Not going to be shaped by policy and laws alone alone.
Speaker 5 (01:26:06):
It's going to be shaped or helped to be defined.
Speaker 4 (01:26:13):
By all of us that's in the NIL space, and
all of us who are in the space who are
bold enough to help build these systems and not just
ride the waves to see what's going to happen.
Speaker 5 (01:26:30):
We're all a part of this, So we're shaping what's.
Speaker 4 (01:26:34):
Going to happen and how we're going to respond and
not react to what's happened, happening or going to happen.
And I mentioned ownership That's what I'm huge, huge on
as an ownership attorney. Ownership isn't what comes.
Speaker 5 (01:26:57):
You know, just during.
Speaker 4 (01:27:01):
Your athletes playing time for you too, you're tied to
these athletes. Think about yourself as far as ownership too.
It comes with ownership when I say it, it comes
with knowing.
Speaker 5 (01:27:21):
So educate yourself. Be educated throughout this negotiating. Stop just
accepting what's in front of you.
Speaker 4 (01:27:28):
And if you're on the other side who signing athletes,
you put things out, they may push things back.
Speaker 5 (01:27:33):
You negotiate too. How can this all work out?
Speaker 4 (01:27:36):
Understand what you're negotiating, especially if you're on the other
side of you're not athletes. A lot of those individuals
are not in tune, so you may have things in
your contract that's going to hurt your company and your situation,
not just the athlete. Ownership is also about protecting your
value now so it compounds later. All of that is
(01:28:04):
wide open right now for everyone everyone to grasp. So this,
you know, evolving definition of with name, image and likeness
and college sports mean you know, this new age of power, positioning,
(01:28:27):
profit purpose.
Speaker 5 (01:28:29):
This is inn IL two point zero. And the question
isn't are you ready it's are you ready on it?
No matter what side that you're on. So that is
a rap, that is a rap, That is a rap.
Speaker 4 (01:28:47):
For this last segment, I really really enjoyed it. I
was in my element of empowering you all. Make sure
you do share again. This was a very I believe,
very powerful four segments. We did a lot of tracing
of the real story of NIL student athletes with that
(01:29:10):
mean emirate tourism. We went beyond all of these headlines
and in segment one we talked about from shadows to spotlight.
Segment two we talked about cracks in the system. Segment
three we talked about power policy and the players, and
today we ended on ownership over opportunity. Also, all of
(01:29:30):
the previous segments are on all major streaming platforms. Whatever
your favorite, however you like listening to podcasts, is there
so if you have to listen to things and dissect
it over and over again and you don't want to
watch it over and over again, you don't want to
see me talking to you over and over again, you
can also listen to it on podcasts. But please share
(01:29:52):
these video segments. Please listen and please help us be
educated and the reason why I do this because it's
my element.
Speaker 5 (01:29:58):
I love doing it. So it helps all of us.
With me being in a space, you being in a space.
Speaker 4 (01:30:06):
The more of us that are equipped and understand it
help us all to move in the space better. If
you have a question about federal trademarks, some people may say, well,
maybe I can't afford attorney. Be very careful with that too,
going out there finding stuff when it comes to federal
protection of your trademark or your athlete's trademark. Be very careful.
(01:30:27):
But I also do have a course. If you say
maybe I can't afford, but I want to learn, I
have a course you can learn and that helps also
where I'm gonna tell you this is not simple.
Speaker 5 (01:30:40):
Four part video. You sit and you understand it. It's
not simple. But where it can help you is once
you learn it, you can and you have multiple trademarks.
You can.
Speaker 4 (01:30:48):
Actually it's a value that keeps paying for itself. You
can do multiple trademarks for yourself. You cannot trademark for
anyone else. That is against the law.
Speaker 5 (01:30:57):
You have to look it up.
Speaker 4 (01:30:58):
That is federal law. Register in a federal trademark is
actually a legal proceeding. So The only individuals who can
register a federal trademark is you for yourself or an
attorney for others.
Speaker 5 (01:31:14):
But you can learn it. You could pass it on
to other individuals. How do you get that information?
Speaker 4 (01:31:21):
I will make it more publicly available soon, so if
you're follow me or connected to me, you'll eventually start
seeing it. Only a small group know about it, but
I am going to make that publicly available this week.
So follow me, connect with me, not follow me.
Speaker 5 (01:31:38):
I hate that word. Let's connect. Connect either on Instagram.
Speaker 4 (01:31:44):
And the firm is siredjire s c I r E
d E j u r E sireere and that means
sire means to know of the law. And on LinkedIn
you can connect. Just look up allocation. I'm on LinkedIn,
all right, So thank you for tuning in. Thank you
(01:32:04):
for the questions that were actually sent to me that
I was able to address. So thank you so much
for engaging and adding value to this awesome conversation. The
more you know, the more you grow, and definitely, in
this case, the more you learn, the more you can
earn beyond the short sighted goal, but in perpetuity, and
(01:32:27):
also when you share, you show care, please show show
care and share for everyone that's moving into space because
everyone's learning together. Don't keep this knowledge to yourself, Spread
to wisdom, Tag a friend until next time, Keep striving,
keep growing, and most importantly, keep seeking allahvation.
Speaker 5 (01:32:49):
Peace and progressive
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