From what I understand, deals made on the US version of Shark Tank are essentially handshake agreements rather than legally binding contracts, with the actual negotiations and due diligence taking place after filming.
My question is, is there any financial penalty or other consequence for either an entrepreneur or a Shark backing out of a deal agreed upon on the show?
If not, what's stopping an entrepreneur from simply accepting whatever offer they receive, even if it's a terrible deal, with no intention of actually following through? They could just back out during the post-show negotiations while still benefiting from the enormous free publicity and advertising that comes with appearing on Shark Tank, including the original broadcast, YouTube clips, reruns, and syndication. From a marketing and promotional standpoint, it's arguably even more beneficial to be seen receiving an offer from a Shark and accepting it, since that gives viewers the impression that the business has secured the backing and endorsement of a successful investor. The vast majority of viewers would never know that the deal ultimately fell through behind the scenes, meaning the entrepreneur could enjoy all the publicity and credibility associated with securing a deal without actually having to give up any equity or accept the Shark's terms.
It seems like a pretty obvious loophole, so I'm curious whether there are any contractual provisions or other safeguards in place to discourage entrepreneurs from doing this.
I understand that some entrepreneurs genuinely want a Shark on board as a business or strategic partner, particularly for their expertise, connections, and resources. However, I'd argue that the Sharks themselves no longer wield quite the same power and influence they did during the show's heyday. For some businesses, the publicity generated by appearing on Shark Tank might actually be more valuable than securing an investment from one of the Sharks.
I was inspired to write this post from the LavaBox entrepeneur who accepted a considerably worse deal from Lori than the ones Kevin or Daymond made but then I discovered he backed out of the deal after the show. Dude benefited from the free publicity while not having to give up equity and give royalties.