December 10, 2021

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Thanks to an NCAA rule, companies aren’t allowed to kill NIL deals because athletes get hurt. And in the eyes of brands, injured athletes don’t necessarily lose their marketability, either. NIL offers a small insurance policy, where athletes can cash in even if injuries derail their seasons or pro careers.

– Amanda Christovich

A Rare Pro-Athlete Rule

Photo: David Butler II-USA TODAY/Design: Alex Brooks

Two of the top NIL earners in women’s college hoops — UConn’s Paige Bueckers and Azzi Fudd — are now out due to injuries.

Fudd’s foot injury only has her slated to miss a couple of weeks. But Bueckers suffered a tibial plateau fracture in her left knee that will bench her for at least six to eight weeks.

Experts told The Hartford Courant they don’t expect Bueckers’ injury to endanger her career — and therefore her future WNBA salary potential. But could it affect her NIL deals?

According to an NCAA rule, the answer should be no.

  • The rule prohibits “compensation for athletic participation or achievement.”
  • It continues: “athletic performance may enhance a student-athlete’s NIL value, but athletic performance may not be the ‘consideration’ for NIL compensation.”
  • Therefore, it would be against NCAA rules for a company to put a stipulation in an athlete’s contract that would lower or dissolve the deal if a player gets hurt.

“Paige is part of our Gatorade Family — we’re here to support her recovery in any way we can and look forward to her return on the court,” Gatorade, one of Bueckers’ sponsors, said in a statement to FOS. 

StockX, Bueckers’ other partner, told FOS in part: “Our commitment to Paige extends well beyond the court. Our partnerships are based on the alignment of our values and visions, not on an athlete’s ability to play. We wish her a speedy recovery.”

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A Potential Consolation

Photo: Douglas DeFelice-USA TODAY/Design: Alex Brooks

Because of the NCAA’s rule, current deals can’t be nullified because of injury. And as StockX pointed out, an athlete wouldn’t automatically lose their marketability, either.

That could mean everything to athletes who suffer season-ending injuries — or receive career-ending diagnoses.

If they have pro potential, their draft stock could severely decrease, or disappear altogether. But they won’t lose their NIL deals.

  • Take Miami quarterback D’Eriq King, for example, who hit the ground running with deals, like a co-founder title at Dreamfield and a partnership with the Florida Panthers.
  • A few weeks into the season, King suffered a season-ending shoulder injury. But he didn’t lose his social media following or the personal characteristics that enticed some brands to work with him.
  • And if King can make a comeback, that would likely only improve his marketability in the eyes of potential sponsors.

In this sense, NIL ensures athletes can make at least some money no matter what happens in the future. And that can’t be taken away. 

Athletes could even sign new deals while hurt — there’s nothing stopping them from inking partnerships while rehabbing. 

As experts have previously told FOS, it’s the athlete’s brand that counts.

In Other News

  • NCAA President Mark Emmert told multiple reporters that the NCAA has opened investigations into many NIL deals, but declined to elaborate further.
  • Between July 1–Nov. 30, women’s basketball players ranked second in total NIL compensation on Opendorse’s platform, according to new data. Football ranked first, and men’s basketball ranked third.
  • Duke’s Mayo Bowl will offer a $5,000 NIL deal to one of the players on the winning team. It’s the latest in a growing trend of event operators investing in NIL.

SPONSORED BY OPENDORSE

NIL Market Explodes in Month 3

College athletes have received hundreds of thousands of NIL deals in the months since July 1 – and through its third month, the market appears to be hitting its stride. From August to September, Opendorse experienced a massive jump in spending and active athletes:

  • 4x increase in college athletes who received or disclosed a deal.
  • 2x increase in dollars spent by brands and fans on NIL transactions.

Opendorse analyzed tens of thousands of deals and activity disclosures, providing insight into the billion-dollar market to come. Click the link to find:

  • The conferences leading the way in athlete NIL compensation.
  • Which sports deliver the most dollars and deals.
  • What types of NIL deals are most common.
  • How men’s and women’s sports compare, and how DI, DII and DIII athletes stack up.

Final Thoughts

A note to subscribers: 

Thank you for reading and supporting FOS College over the past year — an eventful 12 months, to say the least. We saw everything from a referendum on gender equity to an NCAA Supreme Court case about athlete compensation. And of course, the beginning of the NIL era.

And now, some news: This is the last edition of FOS College — but it’s not the end of my coverage of the ever-changing college sports industry. I’ll still be writing breaking news, features, and investigations for FOS’ daily newsletters and on our website. 

I hope to see you there!

Tips? Comments? Reach out to Amanda Christovich at amanda@fos.company or on Twitter.

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Written by Amanda Christovich

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