NIL (Name, Image, Likeness) Guidelines

NIL stands for Name, Image, Likeness, and refers to a student-athlete owning his or her own ‘right of publicity’ – namely that a student-athlete can profit off the use of his or her name, image (including photographs, drawings, paintings, etc.) or likeness (which includes any representation meant to make that person unique).

“Profiting” in this sense can include being paid monetary cash payments, being provided with discounts on goods or services, or receiving in-kind services or goods such as meals in return for the use of the student-athlete’s name, image or likeness. It can also include licensing one or more elements to a third party for commercial use in exchange for compensation.

Often, NIL can include activities like signing autographs, endorsing products, running or appearing at sports camps, providing sports-specific lessons/instructions, making VIP appearances, appearing in advertisements or selling merchandise.

You may profit off your name, image or likeness provided the activities or compensation do not violate the items listed below. Any NIL deal must be reported with seven (7) calendar days of entering the agreement. See the link below to report any NIL deal you enter.

State guidelines prohibit certain behaviors and actions from student-athletes related to NIL. Specifically:

1. Compensation cannot be contingent on specific athletic performance or achievement. If someone offers you money in exchange for achieving team or personal stats (scoring touchdowns, yards gained, goals or points scored, games won) it violates current NIL guidelines and would make you ineligible to participate in high school (and maybe college) athletics.

2. Compensation cannot be provided as an incentive to enroll or remain enrolled at a specific school. You cannot receive any type of deal for either enrolling at a given school or staying enrolled at a certain school. Someone offering you compensation in return for either transferring OR offering you a deal that is contingent upon you staying enrolled in your current school are both improper and would make you ineligible. Additionally, your school could be fined for violating the NIL and Undue Influence guidelines.

3. Compensation cannot be provided by the school or any person acting as an agent for the school. If a school or someone representing a school offers your compensation for attending a certain school or transferring somewhere else that is a violation of the NIL guidelines. This could render you ineligible and lead to your school being penalized as well.

For there to be an NIL deal, there must be an exchange of goods or services. If someone is giving a you money without asking you for something in return then it is not an NIL activity. Whether you post an advertisement, make an appearance, or take photos for an ad – you must provide something for your compensation. Without an exchange, you can jeopardize your status as an amateur student-athlete.

Additionally, you are not allowed to use any school or state intellectual property in your NIL activity. This means:

1. You cannot wear apparel (shirts, jerseys, jackets, hats, etc.) that shows any school marks, school logos, school names, school mascots, or any trademarked GHSA logos or acronyms. If you participate in any NIL activity it should be done in apparel or gear that is plain and is in no way related to your school. This means you cannot wear your jersey, you cannot wear your hat, you cannot wear a shirt with your logo on it, you cannot were a shirt with your team’s motto for this year on it – you cannot wear anything that affiliates you with your school or the state association.

2. You cannot use any school facility for NIL activities. This includes the school building, gym, tennis courts, track, playing fields, Memorial Stadium, a school bus or any location associated with or owned by the school system. For example, if a clothing company hires you to model clothing, you cannot do your photo shoot in the gym or at any school owned football field (including Memorial Stadium).

    

    

Finally, you should not participate in any activities that conflict with local board policy, which could ban endorsing alcohol or tobacco products, e-cigarettes or vapes, or any weapons or controlled substances.

Collectives are not allowed. You may have seen college programs have NIL collectives to pay their student-athletes, but those are not allowed in high school. If anyone approaches you to discuss a collective or for compensation in violation of one of the restrictions above, you should contact your school’s AD as soon as possible to report that.

It is recommended that you contact professionals to assist you with any NIL deal you are offered. Many times, those offering NIL deals have professionals who created the deals and stand to profit from them. It is recommended that you independently secure experts (which could include tax professionals or lawyers) who look out for your best interests.

Any compensation earned through NIL is generally taxable income. This could include cash payments or items of value given to you for free (i.e. free gear or merchandise). You should consult a tax professional to see how any potential deal could impact you. The value of the deal could also impact any need-based financial aid you may receive at college and could impact your collegiate eligibility.

Additionally, you should research how specific NIL deals may affect your college eligibility. NIL policies at the collegiate level are available at on the websites for the NCAA, NAIA and NJCAA, and additional information related to NIL for those associations can be found here: NCAA, NAIA and NJCAA.

Additionally, most NIL advisors recommend having a lawyer review your contract’s details to ensure that you are not signing up for more than you understand. For example, some deals have perpetuity clauses where student-athletes are signing away their NIL rights forever or for an extended period of time. See this example for how this impacted a college football player. Others may have morality, location or exclusivity clauses that could either jeopardize your eligibility OR be difficult for you to comply with. For example, if an apparel company signed you to an exclusive deal but your school team or college team requires you to wear a different brand jersey, you could have a problem.

Other experts can help you navigate FTC and other government restrictions related to endorsements and social media posts. In general, if you are receiving compensation for making a post or endorsing something then you have to disclose your relationship with that company. Experts in NIL deals or social media marketing should be able to help you navigate those laws and state/collegiate regulations to ensure you maintain your eligibility and don’t unknowingly violate the law.

You can fill out the GSCS Google Form here to report your NIL deal, or email a copy of the contract and details to NIL@gscs.org.

Read more about NIL from selected sources below:

About NIL for NCAA/college athletes from the NCSA: https://www.ncsasports.org/name-image-likeness

What is NIL for high school athletes from On3: https://www.on3.com/nil/news/what-is-nil-for-high-school-athletes/

Learn more about NIL from Triple Threat Leadership’s NIL education website: https://www.nil-education.com/