Name, Image and Likeness

Division I
Division III

Overview

These rules provide a framework for how NCAA student-athletes can earn compensation for their name, image, and likeness (NIL). The core principle is that athletes can be compensated for the commercial use of their NIL, but this compensation cannot be a payment for athletic performance or an inducement to enroll at a specific school.
Key Rules & Definitions
- An individual may be compensated for the commercial use of their name, image, and likeness. This can be based on their athletic skill or reputation, as long as it is a quid pro quo exchange (i.e., a direct exchange of services for payment). For example, an athlete can be paid to endorse a product or appear in an advertisement.
- NIL activities cannot be used as a way to pay an athlete for their performance or to convince them to enroll at a particular institution. This means a school or booster cannot offer a recruit a large sum of money as an incentive to attend that school.
- Pennsylvania’s law prohibits institutions from arranging third-party compensation for a student-athlete relating to NIL use as an inducement to recruit prospective students. Institutions cannot identify, create, facilitate, negotiate, or enable opportunities for college student-athletes. Pennsylvania’s laws are more restrictive than many other states’ laws. Before pursuing a NIL deal, it’s important that the student-athlete do their research to ensure they are compliant with Pennsylvania law and the laws of the state of residence, if Pennsylvania is not their legal state of residence.
Disclosure and Representation
- Student-athletes who choose to engage in NIL activities must disclose their agreements to their school.
- Athletes must disclose any new agreements within 30 days of signing them. Upon initial enrollment, they must also disclose all current and past NIL activities within 30 days.
- Required Information: The disclosure must include details about the agreement, such as:
  - The names and contact information of all parties involved.
  - A description of the services provided, the compensation, and the duration of the agreement.
  - Information about any professional service providers (like agents) and their compensation.
- Professional Representation: Student-athletes are allowed to use agents or other professional services to help with their NIL activities. The business terms of these arrangements must be consistent with industry standards.
- Attestation: By disclosing, an athlete attests that all information is accurate and that the NIL activities follow all NCAA rules. Failure to disclose or fraudulent disclosure may be considered unethical conduct.
Informational Links regarding PA State NIL Laws (these resources continue to evolve):

Important NCAA Bylaws

22.01.1 Name, Image and Likeness Compensation. An individual may receive compensation for the use of the individual’s name, image and likeness, which may be secured or compensated based, in whole or in part, on athletics skill or reputation. Name, image and likeness activities may not be used to compensate a student-athlete for athletics participation or achievement.
22.01.2 Offers and Inducements. Name, image and likeness activities may not be used as an inducement for an individual to enroll or remain enrolled at a specific institution.
22.02.1 Name, Image and Likeness Activity. Name, image and likeness activity is any activity that involves the commercial use of an individual’s name, image or likeness to advertise or endorse the sale or use of a product or service. Name, image and likeness compensation must:
- (a) Include quid pro quo (e.g., compensation for work performed);
- (b) Not be contingent upon initial or continued enrollment at a particular institution; and
- (c) Not be in return for athletics participation or achievement.
22.1.1 Institutional Involvement in Student-Athlete Name, Image and Likeness Opportunities. An institution may provide assistance and services (e.g., identify specific name, image and likeness opportunities, facilitate deals between student-athletes and third parties) to a student-athlete pursuing name, image and likeness opportunities, provided:
- (a) The student-athlete does not receive compensation from the institution for use of the student-athlete’s name, image or likeness (e.g., indirect or direct payment from the institution for use of name, image or likeness);
- (b) The student-athlete maintains independent authority over the name, image and likeness agreement (e.g., student-athlete determines specific terms, has final decision in accepting or rejecting name, image and likeness agreements); and
- (c) The student-athlete is not required to accept institutional assistance or services (e.g., assistance and services are optional, outside representation may be used).
22.2.1.2 Name, Image and Likeness Attestation. A student-athlete who elects to disclose name, image and likeness activities must attest that:
- (a) All disclosed information is and will be complete and accurate;
- (b) The disclosed activities are and will be consistent with institutional and conference policy, NCAA rules and any applicable state or federal law;
- (c) Pay or promise of pay related to the disclosed activities are not and will not be a substitute for payment for athletics participation or achievement or an inducement to enroll or remain enrolled at a specific institution; and
- (d) Acknowledgement that failure to disclose or fraudulent disclosure may constitute impermissible unethical conduct
22.2.3 Name, Image and Likeness Disclosure. A student-athlete who elects to disclose name, image and likeness activities must provide such disclosures not later than 30 days after entering into or signing an agreement. Upon initial enrollment at the certifying institution, a student-athlete who elects to disclose name, image and likeness activities must provide the institution all current and expired name, image and likeness activities not later than 30 days after enrollment.
22.2.3.1 Required Elements of Name, Image and Likeness Disclosure. Disclosure of a student-athlete’s name, image and likeness activities shall include the following:
- (a) Names and contact information of individuals involved in the activity, including a description of the nature of the relationship between such individuals;
- (b) Terms of the arrangement, including a description of services rendered, rights granted, term duration, compensation and payment structure (e.g., cash, barter, deferred);
- (c) Names and contact information of professional service providers involved in the arranging, negotiating, or securing the disclosed activity, including a description of the nature of the relationship between the service provider and individuals involved in the activity; and
- (d) Terms of compensation between the professional service provider and the student-athlete (e.g., agent contingency fee).
22.3.1 Representation for Purposes of Name, Image and Likeness Activities. An individual may use professional services, including agent representation, for the purpose of name, image and likeness activities. Business arrangements related to representation for purposes of name, image and likeness activities (e.g., travel expenses associated with meeting) shall be consistent with arrangements between the professional service provider and other prospective or current clients and align with industry standards.

In the State of Pennsylvania, PA legislators passed a NIL bill that is in existence. In order to remain compliant with that law and also NCAA policy, student athletes must follow:

The legislation limits the types of endorsement deals that student-athletes can sign.
They cannot earn compensation from entities associated with adult entertainment, alcohol, gambling, tobacco and electronic smoking devices, prescription drugs, or controlled substances.
Colleges can prevent student-athletes from pursuing endorsement deals with their existing sponsors or with entities that conflict with "institutional values."
The compensation is commensurate with the market value of the student-athlete’s name, image, or likeness
May use an Agent, specifically:
1. May obtain professional representation from a person acting as an agent (in accordance with PA.C.S. CH. 33); acting as a financial advisor (in accordance with PA laws); or admitted to practice law (by court of PA)
  1. A person that represents an institution of higher education may not represent a college student-athlete in a business agreement
The compensation may not be provided in exchange, in whole or in part, for a current or prospective student-athlete to attend, participate, or perform at a particular institution
1. This is what is known as Pay for Play, the compensation would need to occur whether or not you play on an NCAA team and cannot only occur if you attend specifically 1 particular institution
Must disclose their plans to enter into a contract [that intends to provide compensation to the student-athlete for the use of their name, image, or likeness] at least seven days prior to execution of the contract to an official of the institution of higher education
Student-athletes must be sure they are adhering to the laws of their home state, if they are not a permanent resident of the state of Pennsylvania.

Institution Procedure:

All student-athletes will receive annual education related to Name, Image and Likeness.
Student-athletes pursuing Name, Image and Likeness opportunities must report their activities to the Compliance Office on the Teamworks Hub Form within 7 days of the contract start date.
Student-athletes should notify the Compliance Officer after they complete the Form.

NCAA Policy:

All D1 student-athletes must report third-party NIL deals with compensation $600 or above at NILgo.com
Deals must be reported within 5 business days of execution of the NIL contract or otherwise agreement to the contract or payment terms.
Student-athletes pursuing NIL deals must create a NILgo account using their F&M email address. Students must then upload relevant information regarding their NIL deal, such as deal terms, payor details, activities, compensation (dollars and benefits), and any additional information or documentation. Students should communicate with the Compliance Officer at this point to help navigate the NIL Go process.
NILgo will then review and render a decision, either clearing or not clearing the deal.
The Compliance Officer will provide student-athletes with annual education and resources on this process. A student’s failure to comply may result in loss of eligibility.

Additional Resources:

Overview

These rules provide a framework for how NCAA student-athletes can earn compensation for the use of their name, image, and likeness (NIL). The core principle is that athletes can be paid for the commercial use of their NIL, but this cannot be a direct payment for athletic performance or a recruiting inducement.
An athlete can be compensated for the commercial use of their NIL, which can be based on their athletic skill or reputation. This compensation must be a quid pro quo exchange, meaning it's payment for work performed, such as endorsing a product or appearing in an advertisement.
NIL activities cannot be used as a way to pay an athlete for their on-field achievements, nor can they be used to entice a recruit to enroll at a specific school or remain at their current one.
A student-athlete is allowed to use agents or other professional services to help with NIL deals. The business terms of these arrangements, such as travel expenses, must follow standard industry practices.
Informational Links regarding PA State NIL Laws (these resources continue to evolve):

Important NCAA Bylaws

22.01.1 Name, Image and Likeness Compensation. An individual may receive compensation for the use of the individual’s name, image and likeness, which may be secured or compensated based, in whole or in part, on athletics skill or reputation. Name, image and likeness activities may not be used to compensate a student-athlete for athletics participation or achievement.
22.01.2 Offers and Inducements. Name, image and likeness activities may not be used as an inducement for an individual to enroll or remain enrolled at a specific institution.
22.02.1 Name, Image and Likeness Activity. Name, image and likeness activity is any activity that involves the commercial use of an individual’s name, image or likeness to advertise or endorse the sale or use of a product or service. Name, image and likeness compensation must:
- (a) Include quid pro quo (e.g., compensation for work performed);
- (b) Not be contingent upon initial or continued enrollment at a particular institution; and
- (c) Not be in return for athletics participation or achievement.
22.1.1 Representation for Purposes of Name, Image and Likeness Activities. An individual may use professional services, including agent representation, for the purpose of name, image and likeness activities. Business arrangements related to representation for purposes of name, image and likeness activities (e.g., travel expenses associated with meeting) shall be consistent with arrangements between the professional service provider and other prospective or current clients and align with industry standards.

Pennsylvania State Policy:

In the State of Pennsylvania, PA legislators passed a NIL bill that is in existence. In order to remain compliant with that law and also NCAA policy, student athletes must follow:

The legislation limits the types of endorsement deals that student-athletes can sign.
They cannot earn compensation from entities associated with adult entertainment, alcohol, gambling, tobacco and electronic smoking devices, prescription drugs, or controlled substances.
Colleges can prevent student-athletes from pursuing endorsement deals with their existing sponsors or with entities that conflict with "institutional values."
The compensation is commensurate with the market value of the student-athlete’s name, image, or likeness
May use an Agent, specifically:
1. May obtain professional representation from a person acting as an agent (in accordance with PA.C.S. CH. 33); acting as a financial advisor (in accordance with PA laws); or admitted to practice law (by court of PA)
  1. A person that represents an institution of higher education may not represent a college student-athlete in a business agreement
The compensation may not be provided in exchange, in whole or in part, for a current or prospective student-athlete to attend, participate, or perform at a particular institution
1. This is what is known as Pay for Play, the compensation would need to occur whether or not you play on an NCAA team and cannot only occur if you attend specifically 1 particular institution
Must disclose their plans to enter into a contract [that intends to provide compensation to the student-athlete for the use of their name, image, or likeness] at least seven days prior to execution of the contract to an official of the institution of higher education
Student-athletes must be sure they are adhering to the laws of their home state, if they are not a permanent resident of the state of Pennsylvania.

Institution Procedure:

All student-athletes will receive annual education related to Name, Image and Likeness.
Student-athletes pursuing Name, Image and Likeness opportunities must report their activities to the Compliance Office on the Teamworks Hub Form within 7 days of the contract start date.
Student-athletes should notify the Compliance Officer after they complete the Form.