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- Sports Court #70 | Going to Court
Sports Court #70 | Going to Court
The fastest 3 minutes in name, image and likeness
Tariq Ahmad
September 06, 2023
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Today’s Case
Former Florida football player suing over NIL deal that calls for NFL earnings
Former Florida defensive lineman Gervon Dexter (Photo Credit: Doug Engle / USA TODAY NETWORK)
Former Florida football defensive lineman Gervon Dexter has filed a lawsuit in U.S. District Court in Gainesville, contending a future earnings clause in a $436,485 NIL deal he signed in May of 2022 violated state NIL laws.
Per terms of the deal that Dexter signed with Big League Advance Fund II LLC, a company based in Wilmington, DE, Dexter would forfeit 15 percent of his future NFL earnings for the next 25 years. Dexter signed the deal in May of 2022, before the start of his junior season and declared for the NFL Draft in December. He was taken in the second round by the Chicago Bears in the 2023 NFL Draft.
Dexter's Tampa-based attorneys contend that the contract is void because it extended beyond the term of Dexter's eligibility as a student-athlete, and that the agents representing Big League Advance Fund, Michael Schwimer and Scott McBrien, were not licensed in Florida. In addition, Big League Advance Fund failed to give Florida athletic director Scott Stricklin notice within 72 hours of the agreement, another violation of state NIL law.
The Verdict:
Unsure if Dexter will be victorious
Although it looks like Dexter may have a chance of winning this lawsuit, the fact that he signed said contract legally means he agreed to the terms and conditions of the deal - and it will be hard to overcome that in court.
Looking out for bad actors
While there are plenty of honest people who work in the NIL space, not everyone operates the same.
I’m not saying Big League Advance Fund acted in bad faith; rather, they are stating they reminded Dexter of his contractual obligations and are wanting him to uphold his end of the deal. (Although the agents in question not being certified athlete agents in Florida is noteworthy.)
For athletes, it’s important to do your research on potential agents you want to work with for NIL representation. Ask questions, seek guidance from parents and athletic departments, fully understand what you are signing before proceeding, etc.
Even if agencies are offering you big money upfront to sign, look out for legal language in contract regarding future earnings.
Upfront costs can save long-term issues from arising
While it might be expensive to hire a contract lawyer, the vast majority of them would have advised against Dexter signing this contract.
Paying an initial $500-$1000 for contract review, while a significant amount of money for nearly every college athlete, could have potentially saved this situation from taking place.
NIL myths and facts
There are many true and false statements around NIL. Check out this video for more!
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