The six parts of every deal
| Part | The question it answers | What a clear version says |
|---|---|---|
| Deliverables | What exactly do I do? | How many posts, on which platforms, in what format, by what date |
| Term | When does it start and end? | Two dates |
| Usage rights | How can my name, image and content be used, and for how long? | Named channels, a time limit, and whether paid ads are included |
| Payment | How much, and when? | An amount and a date tied to each deliverable |
| Exclusivity | What can I not do while this runs? | A narrow category and an end date |
| Termination | How does it end early, and what happens then? | Grounds, notice, a chance to fix, pay for work done |
Vague deliverables are where disputes start. "Promote the brand on social media" leaves the business to judge whether you did; "two feed posts and three stories on Instagram by November 15" does not.
The eight clauses that do the damage
- 1. Usage rights "in perpetuity". Forever. The business can keep using your face and your content after the deal, after college, after your career, with nothing further owed. Related words do the same work: "irrevocable", "worldwide", "in any media now known or later developed". A defined term on named channels, such as twelve months on social only, is a common alternative athletes ask for.
- 2. Exclusivity. No other brand in the category while the deal runs. The category's definition decides what it blocks: a smoothie deal with "beverage and nutrition" exclusivity also blocks sports drinks, protein and supplements. Lawyers who write on these deals note that exclusivity wording commonly allows gear a team or event requires the athlete to wear.
- 3. A morality clause the brand alone reads. Businesses want a way out if an athlete's conduct harms them. A broad version ("public disrepute", "in the company's sole judgment") lets the brand decide what counts. Narrower versions name the triggers, give notice and a chance to respond, and leave pay for completed work in place.
- 4. Pay tied to performance. Money that depends on statistics, wins, where you enroll or whether you stay is pay-for-play, and it is prohibited at every level. A bonus tied to the work itself, such as a post going live, is a different thing.
- 5. One-sided termination. The brand can leave on short notice for any reason; the athlete can leave only for a documented breach. A balanced clause gives both sides the same grounds, a notice period and a cure period, which is time to fix a problem before the deal ends.
- 6. Clawbacks. A clause that makes the athlete pay money back. Some are narrow (return the fee for a deliverable never delivered). Some are broad (repay everything if the morality clause is triggered, or if you transfer).
- 7. Indemnification. A promise to cover the other side's legal costs. A broad version has the athlete paying for claims that come from the brand's own materials. Narrower versions limit it to the athlete's own breach and cap it at the value of the deal.
- 8. No approval, no ownership. Who owns the content you make, and whether you see an ad before it runs. Without an approval right, the brand decides how your name and face appear.
Rules that sit outside the contract
A contract can be fair between you and the brand and still break a rule that neither of you wrote. A business that knows the space will confirm the deal fits these before it signs.
- Your school, conference and state. Each can restrict categories, require disclosure, or bar a deal that conflicts with a team sponsor.
- Disclosure windows. At NCAA Division I, deals of $600 or more are disclosed to the school within 30 days, and third-party deals of $600 or more go to NIL Go within 5 business days. High school windows are set by each state association: state by state. The NIL guide lists the college ones.
- School marks. High school rules in nearly every state bar school, team and association names and logos in the ad. College athletes need the school's permission to appear in uniform or with its marks.
- Pay-for-play and recruiting. A deal cannot depend on how you play, where you enroll or whether you stay.
Agent and representation agreements
A contract with an agent or a marketing representative is its own agreement, with its own traps. A March 2026 review by the law firm McDonald Hopkins names five:
- A perpetual licence to the athlete's NIL, which lets the agent keep using it after the relationship ends.
- Lopsided termination. The agent can leave at will; the athlete can leave only for a documented breach, after a long notice period, while fees continue.
- Fees that outlive the relationship. Commission on any deal the agent touched, including renewals, for years after.
- No stated duty to put the athlete's interests first, disclose conflicts, or ask before representing a competing athlete.
- No registration. Forty-two states require athlete agents to register.
On fees: the NFLPA caps agent fees on playing contracts at 3% and the NBPA at 4%. On marketing, NIL and appearance deals there is no cap, and 10 to 20% for the life of the deal is common. The NIL guide has the detail.
Who can review a contract
Only a licensed attorney can give legal advice on a specific contract. Many college compliance offices review deals, and at Division I most want to see a deal before it is signed. States also regulate who may act as an athlete agent: forty-two require agents to register. Athletes 13 to 17 use Leave through an account a parent or guardian creates.
How Leave fits
Upload any contract to Leave and each of the six parts is labelled in plain language, the flags above are called out where they appear, and a new offer is checked against exclusivity you already have before you say yes. A one-tap disclosure packet for your school or NIL Go comes with a countdown to the deadline. Leave explains; it does not negotiate, represent or sign for you, and it is not legal advice. You decide, you send.
Questions athletes ask about NIL contracts
What are the red flags in an NIL contract?
The clauses that cause the most trouble are usage rights granted in perpetuity, broad exclusivity, a morality clause the brand alone interprets, pay tied to athletic performance, one-sided termination, clawbacks that require repayment, broad indemnification, and no approval right over how your name and image are used.
What does "in perpetuity" mean in an NIL contract?
Forever. A perpetual licence lets the business keep using your name, image and content after the deal ends, after college and after your career, with no further payment. A defined term, such as twelve months on named channels, is a common alternative athletes ask for.
What is an exclusivity clause?
It stops you from working with other brands in a category for the term of the deal. How the category is defined decides what it blocks: "beverage and nutrition" covers far more than "smoothies". Many athletes ask for wording that allows gear their team or event requires them to wear.
Can an NIL deal pay me for how I play?
No. Pay tied to statistics, wins, enrolling at a school or staying there is pay-for-play, which NIL rules prohibit at every level. Bonuses can be tied to the work in the deal, such as a completed post or appearance.
Can a brand end an NIL deal early?
Usually, under the termination and morality clauses. What matters is who can end it, on what grounds, with how much notice, whether there is a chance to fix a problem first, and whether you are paid for work already delivered.
Do I need a lawyer to sign an NIL contract?
No rule requires one for most deals, but only a licensed attorney can give legal advice on a specific contract. Many college compliance offices review deals, and forty-two states require athlete agents to register.
What should an NIL agent agreement not contain?
Law firms that review them flag five things: a perpetual licence to the athlete's name and image, termination rights only the agent can use freely, commissions that continue for years after the relationship ends, no stated duty to put the athlete's interests first, and an agent who is not registered in the state.
Does Leave review or negotiate my contract?
No. Leave is software, not an agent or a law firm. It labels each part of a contract you upload in plain language, calls out the flags, and checks new offers against exclusivity you already have. It does not negotiate, represent or sign for anyone, and it is not legal advice.
Be your own agent. Leave.