The Big 12's Rushed Deal to Sign Colorado
Four revealing provisions in the Big 12/Colorado membership agreement
It may be years before all the details behind the Pac-12’s disintegration are known, but formal agreements between schools and new conferences can shed light on the sense of urgency some felt to jump ship. Colorado’s agreement with the Big 12 was signed July 31, 2023, four days before the Pac 12 nixed the Apple streaming deal, and Utah’s deal with the Big 12 was signed September 28, 2023, nearly two months later. Both agreements are attached at the end of this article.
Comparing Colorado’s and Utah’s agreements reveals three differences that illustrate Colorado’s rush to be first out the door, and the Big 12’s rush to give them a home.
1. Revenue Sharing and Bonus
It was previously reported that both Utah and Colorado will receive full revenue distributions from the Big 12 and that only Colorado was given a $2.5 million signing bonus. Comparing Section 3 on revenue sharing from both agreements, Colorado failed to document the Big 12’s commitment to grant that full revenue distribution - only agreeing with itself that it would get the full distribution.
“Colorado agrees” versus “Conference and Utah agree”
Colorado’s Revenue Sharing
Utah’s Revenue Sharing
Don’t worry Buff fans, a section at the end of the contract allows common sense to guide interpretation in the event of any ambiguity.
Colorado saved by boilerplate language
2. Colorado Jumps the Gun on Jumping Ship
One of the key disputes at the center of the Pac-12 breakup was the date when schools gave official notice to depart the conference. The Pac 12’s Grant of Rights expires in August 2024, so the departing schools, hoping to keep their voting rights, did not want to be on record indicating they were leaving before that date.
The difference between Colorado’s and Utah’s “Current Conference Affiliation” language is much different. Colorado agrees to “immediately provide notice to its current conference…of its departure.” While Utah, with the advantage of knowing the “notice of intent to leave” was a contentious topic, does not agree to notify the Pac 12 of its pending departure.
Colorado’s Pac 12 Membership Termination
Utah’s Pac 12 Membership Termination
3. Colorado gets a pass on NCAA Compliance
In the rush to sign Colorado, the Big 12 Conference also missed a detail. It allows Colorado to simply warrant it has “institutional control of athletes.” After some time to consider this section more fully, it expands the language, asking Utah to warrant that it is “not currently under investigation by the NCAA for any major violations, including allegations of lack of institutional control.”
Colorado’s NCAA Compliance Warranty
Utah’s NCAA Compliance Warranty
4. Colorado commits to 99-year membership (Doh!)
While Utah gets exempt from the long term commitment.
Utah’s Exemption
Colorado is in through 3022?
See the full agreements for both schools here.
Bill, great work. I can’t say I follow the interpretation of Utah’s apparent 99-year membership exemption. The language seems to only apply to the executory period that is prior to the Commencement Date. This may be because of the Pac-12’s August 2024 GOR expiration, and as you note, “the departing schools, hoping to keep their voting rights, did not want to be on record indicating they were leaving before that date.”
2122, not 3022. Unless Section 3 of the bylaws is 999 year membership