I doubt he has a choice not to be in them its probably in his contract that he has to do whatever marketing the club ask him to do and why would he care anyway? He's worn an Everton kit for about 10 years why would he refuse to be seen wearing the new one?No doubt, but if he’s determined he’s off I’d be suprised if he came to an unwavering decision in the last 3 weeks.
If he knew at the end of last season I’d be equally suprised if he allowed himself to be in them, or if the club allowed it unless they are prepared to keep him to the end of his contract.
If both parties knew and were perusing an out for him, can’t see him being featured tbh.
Someone paying the alleged £30m+ no doubt would have changed minds though.