How to buy a piece of NFL star Arian Foster
(MoneyWatch) Most investors would balk at buying stock in an asset that could be crippled by being crippled. But that is exactly what a new company called Fantex is proposing in inviting people to buy shares in Houston Texan All-Pro running back Arian Foster.
Fantex describes itself as the "first registered trading platform that lets you buy and sell stock linked to the value and performance of a pro athlete brand." The unusual share offering is based on a deal the company has with Foster requiring it to pay him $10 million in return for a 20 percent share of his remaining contract with the Texans, as well as from any other money he earns from football or related activities, such as endorsements or even a broadcasting job after his playing career is over. In order to raise the promised payment, Fantex plans to sell about 1 million shares in its Foster offering at $10 apiece.
Last year, Foster, 27, signed a three-year contract with the Texans for $43.5 million. More than $12 million of that was a signing bonus that is not covered under his contract with Fantex. Although that is a lot of money, Foster's contract, like those of practically all NFL players, isn't guaranteed. So while he is scheduled to be paid $5.75 million next season, $6 million the following season and $6.5 million the one after that, he won't get the money if the team cuts him or if he can't play because of injuries. According the NFL players association, the average career of an NFL running back lasts 2.6 years, the shortest of any position in the game.
Like anyone who plays professional football, Foster gets injured quite a bit. He has had surgery on his knee, missed three games in 2011 due to hamstring issues and is currently being examined for problems in his right calf, which was strained during off-season practice earlier this year. He also has an irregular heartbeat, although that doesn't affect his ability to play football.
According to the Fantex prospectus outlining the Foster initial public offering, in order to earn money on its investment the company will need to derive 75 percent of his total income from future NFL playing contracts and endorsements. The risk? A single injury or other event could end his career in an instant, throwing his investment value for a loss.
It is important to note that for their $10, investors are not getting a slice of Foster's income, potential or otherwise. According to the company website, "Holders of shares of a tracking stock will have no direct investment in the business or assets attributed to the brand contract, associated brand or athlete. Rather an investment in a tracking stock will represent an ownership interest in Fantex Inc. as a whole."
Even if Foster does make all that money, there is no promise that he will pay Fantex. According to papers the company filed with the SEC, "The amounts that Arian Foster owes us under the brand contract are unsecured and payments to us depend on Arian Foster's creditworthiness.... If Arian Foster incurs other indebtedness or expenses and cannot pay all of his indebtedness or expenses, he may choose to make payments to other creditors rather than us. If Arian Foster declares bankruptcy any amounts owed to us will only be paid out after all of his secured debt is repaid."
That disclaimer is possibly just one reason why the stock will not be trading stock on the New York Stock Exchange or Nasdaq, but rather on an exchange set up by Fantex itself. In that respect, Fantex is as much an exercise in market as in seeking to return value to shareholders. As the company's website explains, "Fantex, Inc. creates a unique brand building platform for athletes to increase the reach and engagement of their brand."
Still, the company hopes to increase the potential number of traders, and its own bottom line, by signing other professional athletes to deals similar to Fosters.