NAME, IMAGE AND LIKENESS (NIL)
Effective July 1, 2021, NCAA rules and Texas state law permit student-athletes the opportunity to benefit from their name, image and likeness (NIL). Consistent with Texas state law, NCAA rules, and the University of Mary Hardin-Baylor (UMHB) NIL policy, student-athletes may engage in any of the following NIL activities:
- Receive compensation from a business to use the student-athletes' NIL to promote their product or service;
- Use their own NIL to promote their own business or to promote a business that employs the student-athlete;
- Receive compensation to sign autographs or appear at a business or private event; and/or
- Utilize an agent to assist with any NIL activities, provided the student-athlete has a written agreement with the agent that is specific to NIL activities and not for sport-related representation.
NCAA Interim NIL Policy
NCAA Interim NIL Policy Q & A
Consistent with Texas state law, NCAA rules, and/or the UMHB policy, the following is prohibited:
- NIL agreement(s) without quid pro quo (e.g., compensation for work not performed);
- NIL compensation contingent upon initial or continued enrollment at a particular school;
- Compensation for athletic participation or achievement. Athletic performance may enhance a student-athletes NIL value, but athletic performance may not be the “consideration” for NIL compensation.
- NCAA Division III member institutions providing compensation in exchange for the use of a student-athlete’s name, image or likeness.
- Endorsement of alcohol, tobacco products, e-cigarettes or other nicotine delivery devices, anabolic steroids, sports wagering, casino gambling, firearms that student-athletes cannot legally purchase, or sexually oriented businesses as defined by state law.
NCAA student-athletes have the following obligations associated with NIL activities:
- Student-athletes are required to attend a financial literacy and life skills course during their first academic year at the University of Mary Hardin-Baylor. The course must be five hours in duration and include information on financial aid, debt management, time management, budgeting, and academic resources available to the student-athletes.
- Student-athletes must disclose proposed NIL activities to the UMHB Compliance Office and complete the “UMHB Student-Athlete NIL Disclosure Form” before entering into an agreement for NIL activities. Any conflicts with proposed NIL agreements and institutional contracts or agreements must be resolved within 10 days of initial disclosure.
- Student-athletes and prospective student-athletes may not use UMHB logos, trademarks, apparel or facilities as part of any NIL agreements.
Student-athletes and prospective student-athletes may enter into contracts with boosters in accordance with NCAA rules. Accordingly, the NIL contract/agreement may not be an impermissible recruiting inducement and cannot constitute pay-for-play. UMHB athletes and prospective-student-athletes may not receive compensation that exceeds the typical compensation for a similar activity.
Guidance Regarding Third Party Involvement
Institutional Involvement in NIL
Additional information regarding NIL opportunities for UMHB student-athletes can be found on the
OPENDORSE NIL MARKETPLACE.
