Reading a contract is not enough
Most NIL representation contracts are 8-15 pages of legal language written by the agent's attorney. Even a careful reading may not surface how specific clauses will actually operate, or what the agent's real expectations are once you are working together.
Asking direct questions before you sign does two things. First, it surfaces information that may not be in the contract itself. Second, it tells you something about the agent: are their answers clear and specific, or do they hedge and redirect? How an agent handles a hard question in a meeting often predicts how they will handle a hard conversation later.
Commission rate and structure
What is your commission rate? Is it a flat percentage, or does it vary by deal type?
Is commission calculated on gross deal value (before expenses) or net?
Are there categories of deals where the rate is different — local versus national brands, social posts versus appearances, long-term partnerships versus one-offs?
What the contract says and what the agent describes verbally should match. If they do not, ask why.
For reference: a fair NIL commission is generally 15% or below. Rates above 25% are a red flag. If you are being quoted above 15%, the agent should be able to explain specifically what you get for the premium.
Contract term and how to exit
How long is the initial term?
What is the notice period required to terminate, and what form does it need to take?
Is there an automatic renewal clause? If so, when does the renewal window open and close?
What happens to deals in progress when the contract ends?
Does the agent retain any rights to your name, image, or likeness after the contract terminates?
A reasonable term is one year, with a 30-60 day termination notice. If the agent is asking for three years at the start, understand why before you agree. If there is no clean exit path, that is a structural problem, not a negotiating point.
Services actually being provided
What, specifically, will you do for me on a monthly basis?
How many deals will you actively pitch or pursue on my behalf per month?
Will I have a dedicated contact, or will I be passed to an associate?
What reporting will I receive and how often?
What costs or expenses am I responsible for?
Vague answers here are informative. An agent who cannot describe their actual workflow probably does not have one.
Conflicts of interest
Do you represent any brands that might want to work with me? If so, how do you handle that conflict?
Do you receive any compensation from brands for connecting athletes to them, separate from athlete commissions?
How many athletes do you currently represent, and in what sports?
A conflict of interest is not automatically disqualifying, but it needs to be disclosed and managed. An agent who represents both the brand and the athlete in the same deal has a structural conflict that is very difficult to manage fairly.
References from other athletes
Can you give me contact information for two or three current or former clients I can speak with directly?
Are any of them in a similar sport or at a similar level to me?
This is the most direct due diligence you can do. Legitimate agents expect the question. If an agent cannot or will not provide references, treat that as a meaningful data point.
When you do speak to references, ask them the specific questions that matter to you: Did the agent close deals? Were they reachable? Did they explain things clearly? Were there any surprises in the contract?
Disclosure and compliance handling
How do you handle NCAA disclosure requirements? Who is responsible for filing reports and by when?
Under current NCAA rules and most state NIL laws, athletes must report compensation to their institution. The threshold that triggers federal 1099 reporting is $600 in a calendar year; NCAA institutional disclosure requirements may have separate timelines.
The five-business-day window under NCAA Bylaw Article 22 applies after a deal is executed. Your agent should know this rule and have a process for it. If they are unclear on reporting requirements, they may be unclear on other compliance obligations as well.
Ask specifically: who files what, and by when? If the answer is vague, you will need to track this yourself. Make sure you are prepared to do that.
After the conversation
Take notes during the meeting or immediately after. Compare the agent's verbal answers to what the contract actually says. Inconsistencies are worth raising before you sign.
If you have access to a sports attorney, have them review the contract. Many law school sports law clinics offer free or low-cost reviews for student-athletes.
Check NILAR for reviews from athletes who have worked with this agent. Anonymous reviews from verified athletes often surface patterns that never appear in a formal reference call.
You are not obligated to sign with the first agent who approaches you. Taking time to compare a few options is not rude. It is how you make a good decision.