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Answering your questions about NIL and/or Garnet Trust

Chris Clark

Football/Recruiting Insider
Jan 3, 2005
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Hey ya'll,

Wanted to open up a thread here to answer your questions about name, image, likeness (NIL) in a general sense, and/or about Garnet Trust. Anything (just about, haha) goes!

Fire away, glad to answer questions that ya'll have. It's a complex animal in this new NIL world, and we've done a lot of research. Glad to help answer any questions or fill in any gaps there may be. Thanks for being a member of GamecockCentral.com!
 
First, thanks for getting this going, as I believe NIL crowdfunding will be essential for competitiveness, although it does have to be done right. That said:

1) who owns Garnet Trust LLC?
2) is the ownership committed to no net income (ie maximizing money to athletes)?
3) if not, what kind of net margin are they shooting for?
4) how much compensation will be paid and to whom? (Ie before net income)
5) any royalties or other ways of siphoning off money to non-athletes?
6) will the ownership commit to complete transparency where the dollars go?
7) how will decisions on NIL expenditures be decided?
8) any thoughts yet on whether to concentrate funds on specific players, position groups, particular classes, starters, two deep, scholarship players, the whole roster?
9) are there any actual regulations on this stuff yet?
 
First, thanks for getting this going, as I believe NIL crowdfunding will be essential for competitiveness, although it does have to be done right. That said:

1) who owns Garnet Trust LLC?
2) is the ownership committed to no net income (ie maximizing money to athletes)?
3) if not, what kind of net margin are they shooting for?
4) how much compensation will be paid and to whom? (Ie before net income)
5) any royalties or other ways of siphoning off money to non-athletes?
6) will the ownership commit to complete transparency where the dollars go?
7) how will decisions on NIL expenditures be decided?
8) any thoughts yet on whether to concentrate funds on specific players, position groups, particular classes, starters, two deep, scholarship players, the whole roster?
9) are there any actual regulations on this stuff yet?

Fantastic questions here, thanks for asking. Some of this is covered in the website's FAQ, too, but I can expand on all of it.

1) Brian Shoemaker is the technical owner of Garnet Trust, just like he's the owner of GamecockCentral.com
2-6) No, the organization has not expressed a commitment to no net income. A place that Garnet Trust could actually make some money is in the business arm - production, consulting, placement for businesses looking to do NIL deals. Absolutely none of that takes money out of the hands of players, however, because that's separate and apart from any funds that businesses may give players for their endorsements and/or services.

Staffers and owners of non-profits make salaries, and maybe that happens one day. Right now, nobody involved is being paid.

Some funds are going to have to be held in reserve for later NIL deals, but those will be earmarked.

Garnet Trust isn't looking to create value as a company and sell, or anything like that. There are three places that money that goes into the organization could go- players (the vast majority), operational costs, and maybe depending on how things go, there could be stipends or salaries for staffers. Perhaps the organization hires someone - which Garnet Trust hasn't had to do yet. Our costs have been incredibly low, which is why we're already creating deals for players just days in.

The organization is definitely looking to maximize student-athlete funds. Right now, 100% of business payments go straight to athletes (Garnet Trust can make money off media services as I stated). 80-90 of crowdfunded dollars are being marked for student-athletes, with the rest going to operational costs. That percentage could adjust over time based on strategy - the goal is to maximize dollars for student-athletes and not necessarily just maximize the percentage.

The organization is discussing how and when to disclose certain things for transparency's sake, also bearing in mind the privacy of student-athletes. We'll get to that point.

7-8) Garnet Trust is going to make the choices on the crowfunded end - largely - on where funds go, although supporters can have significant input.

We've already had conversations with some supporters about specific initiatives those folks would like to fund. On the business end, businesses will approach with certain student-athletes they would like to work with on projects.

The answer to your question in #8 is: yes, haha. I anticipate we'll see deals with individuals, maybe whole teams one day, etc. It really depends on how much the organization brings in. The more it brings in, the more that can be done on the crowdfunding end. Businesses, those deals are up to them.

9) Yes, there are regulations, although not a ton.

USC has its own NIL policy. It requires disclosures by the athlete, athletics facilities can't be used, can't interfere with team activities, etc.

State law prohibits athlete endorsements of vice categories like alcohol or gambling. There are certain marks that must be hit on the contractual front.

That's the general answer for regulations, although if you have any other aspects I didn't hit, let me know.

*** Hope these answers help. Please reach out here or via email (Clark@gamecockcentral.com) if you have any follow-ups at all and I'll be glad to answer.
 
Thank you! And sorry I didn’t realize about the FAQs. I can say that personally the more detail you can give going forward about the funds that don’t go to athletes the better, but I do take your commitment to get as much as possible to the athletes as genuine. Thanks for getting the ball rolling with this endeavor!
 
I guess it is not considered a charitable LLC.

My apologies for missing this message initially and taking so long to get back to you.

Garnet Trust - on advice of attorneys, tax, and compliance professionals, is not set up as a charitable organization.

Let me know if you have any additional questions!
 
So this is totally outside the university/athletics department? Interesting. That's kind of what we've been missing compared to some other fanbases. IPTAY is independent of Clemson. Tiger Athletics Foundation is independent of LSU. Etc
 
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So this is totally outside the university/athletics department? Interesting. That's kind of what we've been missing compared to some other fanbases. IPTAY is independent of Clemson. Tiger Athletics Foundation is independent of LSU. Etc

That's correct. The university is - by state law - not allowed to facilitate NIL deals. Garnet Trust is a separate entity from the university and it is a separate entity from The Gamecock Club.

If you have any additional questions, please do let me know and I'll be glad to help, however specific or general they may be.

Chris Paschal wrote a column on Garnet Trust today: https://southcarolina.rivals.com/news/the-verdict-garnet-trust-is-huge-opportunity-for-fans-to-help

A bit more on Garnet Trust...

The NCAA no longer prevents college athletes from being paid to do things.

But the money has to be earned.

Garnet Trust collects funds from Gamecock fans and offers USC athletes opportunities to earn money, mostly by making media appearances and attending fan events.

Garnet Trust also helps local businesses with the process of connecting with USC athletes.

LINK: Garnet Trust Front Page

LINK: Garnet Trust Frequently Asked Questions

LINK: Contribute to Garnet Trust
 
Does the Garnet Trust act as an athletic agent as defined under the state law?

The position Garnet Trust has taken is that, at this time, the entity and the individuals working on its behalf do not fall into the statutory definition of agent activity.

As well, Garnet Trust's business model does not take any percentage of fees from dollars earmarked specifically for a NIL deal for a student-athlete.

Of course, the mad rush by states to get NIL laws in place (and the subsequent acceleration of their enforcement from next year to back in the summer) had some unintended consequences and caused conflict and questions within the NIL space.

We have spoken on multiple occasions to SCDCA and learned of their interpretation of certain NIL activities. As a result of those conversations, Garnet Trust is moving toward filing paperwork for agency out of an abundance of caution.

I've seen another similar circumstance in the state of Mississippi where an entity filed paperwork and registered, although it did not meet that state's definition.

In the coming weeks and months, we're likely going to see some restructuring/tweaks to the state laws to better account for situations such as this, according to what we're hearing within the industry.

Garnet Trust is in constant communication with not only SCDCA but NIL-minded attorneys and compliance professionals to ensure operations are legal and compliant on all sides.

Hope that answers the question, and please let me know if you have any follow-ups.
 
Guys I believe this NIL is going cause problems . Yes student athletes deserve some money but not sure this is how.
I think huge can of worms has been opened. I wis had a good answer but don’t.
Also I am not on Franks bandwagon . Every year to many excuses. He just needs to recruit better and so far he has not

Willow35
 
Guys I believe this NIL is going cause problems . Yes student athletes deserve some money but not sure this is how.
I think huge can of worms has been opened. I wis had a good answer but don’t.
Also I am not on Franks bandwagon . Every year to many excuses. He just needs to recruit better and so far he has not

Willow35

Thanks so much for weighing in!

As it pertains to Garnet Trust, why do you not believe "this is how" NIL should be done or structured for South Carolina student-athletes?

Glad to discuss and/or answer any questions, of course.
 
Thanks so much for weighing in!

As it pertains to Garnet Trust, why do you not believe "this is how" NIL should be done or structured for South Carolina student-athletes?

Glad to discuss and/or answer any questions, of course.
I took it that he was just saying “NIL” was not the way to pay players. Not necessarily saying The Garnet Trust is not the way to do NIL.
 

Hi Chris,

My buddy is having a big birthday. Let's say I decide to invite some celebrities.....players if you will...to come hang out to add a little Carolina atmosphere.

A. Can I do that?
B. Can I choose them?
C. What general amounts are we looking at for appearance fees? Are they priced according to just coming in the door, staying a certain time, giving autographs?

Thanks ahead for your answer.
 

Hi Chris,

My buddy is having a big birthday. Let's say I decide to invite some celebrities.....players if you will...to come hang out to add a little Carolina atmosphere.

A. Can I do that?
B. Can I choose them?
C. What general amounts are we looking at for appearance fees? Are they priced according to just coming in the door, staying a certain time, giving autographs?

Thanks ahead for your answer.
Thanks for the questions!

On your first two questions, the answer is yes. There has to be contracts that follow state law and university policy and an exchange within NIL deals. If you hit that, you’re generally going to be fine.

Fees can be pitched by an individual or a business. Some players may have their own individualized fees, others may not.

You can decide what you want and then go from there. Reach out to Garnet Trust with any questions, or ask me here!

info@garnettrust.com
 
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Hi Chris,

My buddy is having a big birthday. Let's say I decide to invite some celebrities.....players if you will...to come hang out to add a little Carolina atmosphere.

A. Can I do that?
B. Can I choose them?
C. What general amounts are we looking at for appearance fees? Are they priced according to just coming in the door, staying a certain time, giving autographs?

Thanks ahead for your answer.
When is the party and are Chris and I invited?
 
How long before every sport says their best athletes deserve to be paid even if their sport doesn’t produce revenue? No way all the money is going to football. Can you specify that your contributions go to a certain sport?
 
How long before every sport says their best athletes deserve to be paid even if their sport doesn’t produce revenue? No way all the money is going to football. Can you specify that your contributions go to a certain sport?

My apologies for the late response here!

If you would like your financial support to go toward certain initiatives, you can specify that to Garnet Trust. There's not a spot to do it upon signup, but you can email info@garnettrust.com to do that.
 
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