Disclaimer: This information is made available for educational purposes.  It provides general information and is not intended to provide specific legal advice. This information should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction. We update the information as often as possible, but you should check with the Secretary of State’s office in each state for the latest information.

Signing with an agent who can help you find and negotiate NIL deals sounds exciting to many student athletes. After all, your time is limited and you probably don’t have much experience reaching out to brands to pitch yourself.

Do you need an agent for NIL deals?

The short answer: it depends. Agents are generally most helpful for well-known “star” athletes and athletes with large social media followings. If you feel overwhelmed by inbound NIL offerings, it may be a good time to search for an agent!

You can check out our agent directory to begin your search.

An agent can take pitching, contract negotiation, and chasing payments off your plate. A good agent will even increase your opportunities by finding you more NIL deals. Most of all, you’ll have someone to get you the best deal terms and highest offers.

However, not all agents are created equal. Some agents take excessive percentages of deals, even if you find the deal on your own. Predatory agents may just wait around until you get offered a deal and then swoop in for their revenue share. This is why it’s important to carefully review your contract before signing (5 important contract terms are listed at the bottom of this post).

To hopefully ensure a positive agent-client relationship, be sure to do your research and talk with your agent before signing an agency contract. If possible, talk to the agent’s other clients to learn about their experience. Most importantly, talk with your agent virtually or face-to-face to see if it feels like a good fit.

Questions to ask before signing with an agent

Here are several important questions to ask an agent before you sign:

• How many clients do you currently have and how do you ensure you make time for them each?
  
• Will you be the person working with me directly? Will there be others on your team I’ll interact with?
  
• Do you represent any other clients similar to me? How would you handle any potential conflicts of interest?
  
• How many contracts have you negotiated?
  
• What are some examples of NIL deals you’ve negotiated for your clients?
  
• How do you proactively find me new NIL deals?
  
• What is your fee structure? Do you take a percentage of any deals I acquire on my own or through a collective or other third-party? For reference, industry average would be 15-20%, but some agents are asking for 30% (which I would encourage you to negotiate down instead of accepting).
  
• How would you say you’ve advanced your athletes off the field?
  
• What’s your communication style? How often will I hear from you? Will I get updates or only hear from you when you have a deal to present?
  
• Can I send you inquiries I get from brands in my email or DMs to vet for me?
  
• Are you registered with the state? For states that require agents to register, there’s usually a list of current registered agents on the Secretary of State’s website (try searching something like “Pennsylvania registered athlete agents” to find it). I would check to ensure the agent you’re considering is properly registered to ensure you’re working with a qualified professional.
  
• Have you ever been disbarred, suspended or otherwise disciplined related to your profession?
  
• Have you ever been investigated by the NCAA or any other professional organization?
  
• What services do you offer beyond contract negotiation?
  
• What happens to our relationship if you change agencies? Would I go with you or be assigned to a new agent at the first agency?

I would also encourage you to find both current and former clients who you can ask about their experience with the agent. I’ve found this to be incredibly helpful. Google the agent and do a little research, both to find former clients and any other potentially useful information.

Things to look for in your agency contract before you sign

Ideally, get an attorney to look at your agency contract before you sign it to ensure it protects your interests and not just your agent’s. While every contract is different, here are key pieces you absolutely must understand before signing.

• Term: how long does your relationship with the agent last? Does it automatically renew? Do you get to decide on renewal or is it the agent’s sole decision?
  
  
• Commission: what percentage of your paid opportunities will they take as a fee? Anything from 10-20% is typical. If it’s more than that, I’d ask more questions about why it’s higher. It’s also important to note whether they want all monies paid through them first, meaning they’d have the third-party pay them, take out their percentage and then remit to you, or if you’ll get paid directly by the third-party and then remit the agent’s share to them. If you have to remit, how long do you have to do so?
  
  
• Scope of Representation: this might be called a number of different things in the contract, but what you’re looking for is what types of opportunities the agent will be taking their commission on. Most importantly, will they take a percentage of deals, autograph signings, speaking gigs, book deals, etc. that come directly to you and don’t involve them at all? About half the contracts I’ve seen take their percentage on any paid opportunity the client is offered. Personally, I wouldn’t sign that kind of deal, but you have to decide for yourself.
  
  
• Termination: how can the contract be terminated either you or the agent? It’s important you have the power to terminate, but these clauses are often one-sided. How much notice is required to terminate? What happens to deals you’re in the middle of completing or negotiating? (Spoiler alert: usually you still pay commission on those, which can be painful if it’s a long-term contract with the brand or other third-party.)
  
  
• Disputes: how will disputes between you and the agent/agency be handled? Is there a mediation or arbitration clause? Where does it say disputes will be heard? Usually this is wherever the agent/agency is located, which means you’d have to travel if you aren’t in the same city.

Once again, it’s advisable to have an attorney review the contract before you sign it. I have named only a few of the important terms, but there are other important considerations like indemnity clauses and confidentiality clauses. I don’t want to overwhelm you with legal jargon, so I simply encourage you to have an attorney review any contract you sign, including a contract with an agent.

Also, remember that having an agent doesn’t guarantee you will be offered more NIL deals. Every agent’s connections and success is different, as is the time they’ll devote to you and how proactive they will or won’t be in seeking out deals. That’s why it’s important to take the time to ask the right questions so you can make the best decision for you.