Darren Heitner@heitner
When I negotiate revenue-sharing agreements with schools, I insist that full payment is due to players if they remain on the roster through the conclusion of the season and any postseason participation, even if they enter the transfer portal or otherwise depart from the program thereafter. That includes declaring for the draft. This should be non-negotiable.
I generally oppose liquidated damage clauses, as they tend to look like unenforceable penalties rather than a reasonable estimate of anticipated harm. I'm watching Cincinnati v. Sorsby closely to see how the federal court rules on this specific issue.
I will almost always redline "sole discretion" language and, at a minimum, convert it into "reasonable discretion." For morals clauses, I like to add that the harm must be substantial and material.
I'm sharing this because I want to not only empower my clients, but all athletes and their representatives. Redlining is only part of the process. Being a proficient negotiator and leveraging established, trusted relationships is also very important in the process.