You don’t know that players can’t have contracts different from the school. For example Paul Miller is the official car dealer of the university but that doesn’t mean that Don Franklin won’t be able to supply & advertise a car for TyTy Washington. What Mitch & the university are concerned about is that their exclusive deals with specific businesses won’t be as lucrative anymore because business can spen their money on the kids for endorsements. The student athletes should and will be able to go with other businesses outside of the university’s exclusive club.
@BigBlueFanGA didn’t say players couldn’t have contracts “different from the schools” as you put it. He said athletes couldn’t sign contracts that conflict with a school’s existing contracts, and he is correct on that point.
The University and Barnhart are not concerned about their deals becoming less lucrative. They’re concerned about running into situations where either the student or UK is forced to breach a contract, as well as the risk of a legal confrontation associated with such a situation.
Let’s use a shoe deal as an example. Let’s say a basketball player runs off and signs a shoe deal with Adidas without paying attention to the terms of the deal. If one of the terms of that deal states that the student will wear Adidas shoes during competitions, then we’ve got a problem.
The reason for that problem is because paragraph 10(c) of Kentucky’s contract with Nike states that UK will ensure that no student athlete wears any shoe from a Nike competitor during a game unless a documented medical condition forces the student to wear a competitor’s shoe or unless Nike somehow failed to deliver product on time.
So if UK let’s the athlete wear the Adidas shoe during a game in Rupp, UK has now breached its Nike contract. If UK forces the athlete to instead wear a Nike shoe, then the athlete has now breached his Adidas contract. You ultimately have to withhold the kid from competition until you can negotiate a resolution and may also face the prospect of a legal battle with the student. That’s the type of scenario that concerns them and why they’re trying to set up processes to enable some basic coordination before deals are finalized.
Fortunately there’s a limited set of instances where this type of thing might occur. But at least right out of the gate, there will need to be a bit of coordination between the athletes and their schools before deals get signed to simply confirm the terms of new deals don’t create these kinds of conflicts.
Longer term, you may some of these types of standard terms disappear from deals that schools sign with a shoe company and the risk of conflicts is greatly diminished.