Athletes

By Andrew R. Jacobs, Esq. | Founder & Managing Attorney, Jacobs Counsel LLC | Director, Sports, Entertainment & Gaming Initiatives, Seton Hall University School of Law | Super Lawyers Rising Star 2026

Endorsement deals can be career-defining opportunities or career-ending mistakes. The difference often lies in the details most athletes overlook until it's too late. Understanding the red flags in endorsement agreements protects your brand, your income, and your future opportunities.

The Allure and the Risk

When a brand approaches you with an endorsement offer, it's validating. They see value in your platform, your influence, your story. But excitement shouldn't override careful evaluation. Bad endorsement deals can lock you into unfavorable terms, damage your reputation through association with problematic brands, or prevent you from capitalizing on better opportunities.

Red Flag #1: Vague Performance Metrics

If the contract requires you to deliver 'satisfactory social media engagement' or 'appropriate brand representation' without defining those terms, you're exposed to subjective interpretation. What happens if the brand decides your content isn't performing well enough? Can they reduce payment? Terminate early? Demand more content without additional compensation? Insist on specific, measurable deliverables: exact number of posts, story mentions, or appearance requirements. Define what constitutes satisfactory performance and what remedies exist if either party doesn't meet obligations.

Red Flag #2: Overly Broad Exclusivity Clauses

Exclusivity provisions prevent you from working with competing brands. Reasonable exclusivity is common—if you endorse Nike, you can't simultaneously promote Adidas. But some contracts define 'competing' so broadly that they eliminate entire categories of potential partnerships. Watch for language that restricts you from any apparel brand, any sports equipment company, or any health and wellness product. These provisions could cost you hundreds of thousands in lost opportunities. Negotiate narrow exclusivity limited to direct competitors. If you're endorsing a basketball shoe, the exclusivity should cover basketball footwear, not all athletic apparel.

Red Flag #3: Perpetual Usage Rights

Some endorsement contracts grant the brand perpetual rights to use your name, image, and likeness in their marketing materials—even after the contract ends. This means they could use your image in advertisements indefinitely, potentially long after you've moved on to different endorsements or even retired. Limit usage rights to the contract term plus a reasonable sunset period (typically 30-90 days). Specify that usage rights terminate immediately if the brand terminates early or you part ways due to their breach.

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Red Flag #4: Unrestricted Morals Clauses

Morals clauses allow brands to terminate contracts if you engage in conduct that damages their reputation. While understandable, some morals clauses are so broad they give brands unilateral termination rights based on any conduct they deem inappropriate—with no clear standard and no opportunity to cure. Negotiate specific standards and cure periods. Define what conduct actually justifies termination and ensure you have the opportunity to address allegations before the contract is cancelled.

Red Flag #5: Hidden Compensation Structures

The headline number in an endorsement deal isn't always what you'll actually earn. Some contracts promise significant payments contingent on performance metrics that are nearly impossible to achieve, or they spread payments over extended periods with conditions that allow the brand to reduce amounts. Ensure base compensation is guaranteed regardless of performance. Bonuses and incentives should be clearly defined with achievable metrics. Payment schedules should be reasonable and not subject to arbitrary reduction.

Red Flag #6: Lack of Brand Alignment

This isn't a contract term, but it's critical: Does this brand align with your values and image? Endorsing products or companies that contradict your principles or audience expectations can damage your credibility and alienate fans. The short-term paycheck isn't worth long-term brand damage. Evaluate whether the brand's mission, products, and public reputation align with your personal brand. Consider how your audience will react to this partnership.

Red Flag #7: Insufficient Termination Rights

Some contracts make it nearly impossible for athletes to exit early, even if the brand fails to pay, misrepresents the partnership, or engages in conduct you disagree with. You need reasonable exit options. Negotiate termination rights for non-payment, material breach, or if the brand's reputation is damaged by scandal or illegal conduct. Include clear notice requirements and cure periods.

The Bottom Line

Never sign an endorsement deal without legal review. The cost of hiring an attorney is minimal compared to the potential cost of a bad contract. An experienced sports attorney can identify red flags, negotiate better terms, and ensure you're protected. Your endorsement value will only increase as your career progresses. Don't lock yourself into restrictive deals that limit your earning potential or damage your brand. Be patient, be strategic, and prioritize long-term value over short-term gains.

Schedule a consultation and we'll review your endorsement opportunities to ensure they protect your interests and maximize your value.

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• How to Negotiate NIL Deals Like a Pro
• NIL Basics: A Guide for College Athletes

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