Expert Highlights Top NIL Considerations in College Football Transfer Portal Frenzy

As the transfer portal opens for college football, athletes should consider these top NIL issues when signing new contracts.

Saul Young/News Sentinel / USA TODAY NETWORK via Imagn Images

The second window for the transfer portal in college football opened on Wednesday, with over 3,330 players setting a record in entries ahead of the 2025 season. 

Some of the immense number of players seeking new homes in the portal are looking for extended playing time, but many are searching for more lucrative NIL deals and may be enticed by promises to depart from their current programs.

Leading sports attorney Dan Ain of Reavis Page Jump LLP spoke with NIL Daily On SI and highlighted some pressing considerations for athletes as they look to sign new name, image, and likeness contracts.

The recent chaos that resulted in the Tennessee Volunteers dismissing quarterback Nico Iamaleava from the program after holding out over NIL negotiations is unfortunately not a situation that has a quick fix, even with impending revenue sharing.

In discussing the implications of those revenue-sharing payments and subsequent contracts, Ain shared that the structure of those contracts simply cannot account for those scenarios without dipping into employment territory.

“Schools will need to be thoughtful about how these contracts are structured,” Ain wrote. “Depending on the degree of control exercised by schools over athletes, whether through contractual provisions or in practice, institutions may be exposed to claims that they function as the athletes’ employers for purposes of applicable labor and employment laws.

"Provisions in the contracts requiring the athlete to pay a buyout fee if the athlete transfers schools (e.g., via the transfer portal) or that require the athlete to remain on a team’s roster could be problematic.”

While nothing in a contract could’ve solved that dispute without the aforementioned issues, Iamaleava is a cautionary tale that underscores the need for better guidance for athletes with NIL. 

“I wish every student-athlete had guidance and help advocating for themselves, whether from an agent, lawyer, parent, or mentor,” Ain said. “Some athletes may be quick to sign NIL deals without taking the time to not only consider the terms being offered but also to advocate for themselves and negotiate for better terms.

"Athletes should always consider the services that they are required to provide and the specific NIL rights they are granting to third parties. What is the term of the NIL license? Can the athlete make deals with competitors, or are they granting exclusive rights?

"Are there appropriate limitations around what media the NIL can be used in? Those high-profile student-athletes who command five and six-figure fees need to have representation helping them negotiate for additional compensation and ensuring their rights are sufficiently protected." 

An agent who understood the NIL landscape and could negotiate proper terms would have better served Iamaleava.

“Negotiations around the terms of any license, permitted media, and exclusivity may not be at the top of an athlete’s mind but are important deal terms that should be negotiated thoughtfully before an athlete enters into an agreement,” Ain wrote.

Athletes may be signing deals without really realizing what NIL rights they’re granting to a sponsor in a deal and could put themselves in a poor situation based on portal promises. 

A college football star may believe he’s signing a great deal with the potential for more lucrative ones based on the exposure at his new program. However, if he doesn’t read the terms closely, he may be putting himself in an exclusivity situation where he’s barred from future sponsorships. 

As Ain emphasized, these considerations may not be at the top of athletes’ minds, and why would they?

It requires a level of legal knowledge that makes the need for credible and qualified NIL representation for college football players clear.

It shows the value of guidance, and one can only hope the advice that thousands of athletes may have based their departures on is sound.  

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