The Most frequently asked questions and answers
May I provide name/image/likeness-compensation to a prospective student-athlete (PSA) who is considering attending Utah Valley University (UVU)?
Source: NCAA Name, Image, Likeness Policy
If an individual or NIL entity’s (e.g., collective) sole or primary purpose is to engage in NIL activities with student-athletes from a specific institution, such individual or NIL entity would be considered a booster. Further, if an individual or NIL entity is involved in recruiting activities for NIL purposes (e.g., collective engaging in recruiting activities), such an individual or entity would trigger booster status.
Source: NCAA Name, Image, Likeness Policy
A booster/NIL entity may not communicate (e.g., call, text, direct message) with a PSA, a PSA’s family, or others affiliated with the PSA for a recruiting purpose or to encourage the PSA’s enrollment at an institution. Further, a booster/NIL entity may not communicate (e.g., call, text, direct message) with a student-athlete of another NCAA Division I institution, or any individual associated with the student-athlete. This prohibition extends to any individual (e.g., former or current student-athlete) working on behalf of the collective.
Source: NCAA Name, Image, Likeness Policy
What are the actions performed by a booster/NIL collective that might be considered a NCAA violation?
EXAMPLE No. 1:
A booster/NIL entity contacts a PSA to discuss their interest to attend the institution and promises to secure a NIL deal with the PSA.
- Question 1: Is the booster/NIL entity allowed to have recruiting-based conversations with the PSA?
- Answer 1: No. A booster/NIL entity may not engage in recruiting activities, including recruiting conversations. The purpose of the booster’s interaction with the PSA is to encourage the PSA to attend the institution by securing a NIL deal.
EXAMPLE No. 2:
A booster/NIL entity has contacted a PSA’s family member (e.g., guardian, friend) to discuss a NIL deal for their prospect-aged child. During the conversation, the collective informs the family member that there is a roster spot available for their PSA- aged child and if they enter into a verbal agreement securing the PSA’s attendance at the institution that the family member(s) would get a percentage of the PSA’s NIL deal.
- Question 1: Is the interaction between the PSA’s family member and booster/NIL entity permissible?
- Answer 1: If it is determined that the NIL entity has triggered booster status, the interaction would not be permissible since boosters are not permitted to engage in recruiting activities on behalf of an institution.
- Question 2: Is the verbal agreement between the PSA’s family member and booster/NIL entity permissible?
- Answer 2: No. A NIL agreement between the family member and a booster/NIL entity may not be guaranteed or promised contingent on the PSA’s initial or continuing enrollment at a particular institution.
EXAMPLE No. 3:
An institutional staff member (e.g., institution’s coach) has a relationship with an individual who owns, operates or is otherwise involved with a NIL entity that triggers booster status. The institutional staff member has been asked to include a NIL pitch to the PSAs they’re recruiting.
- Question 1: May an institutional staff member communicate directly or indirectly with a PSA on behalf of a booster/NIL entity?
- Answer 1: No.
- Question 2: Does the institutional staff member communication with the NIL entity violate NCAA rules?
- Answer 2: No. However, at no point may the institutional staff member enter into any agreements with the NIL entity to secure NIL deals for incoming PSAs.
- Question 3: May an institutional staff member organize, facilitate, or arrange a meeting or conversations between the NIL entity and a PSA, including a transfer student-athlete?
- Answer 3: No. An institutional staff member may not organize, facilitate, or arrange a meeting or conversations between the NIL entity and a PSA, including a transfer student-athlete (e.g., provide the individual or entity with a recruiting list or watch list, including the NCAA Transfer Portal).
- Question 4: May an institutional staff member provide existing factual information regarding current student-athletes’ NIL arrangements to a PSA?
- Answer 4: Yes. When institutional staff members are communicating with PSA’s regarding NIL activities, they are limited to discussing existing factual information regarding current student-athletes’ NIL arrangements. Institutional staff members may not provide information or guarantees regarding NIL opportunities should the PSA attend their institution.
May I enter into an agreement with a UVU student-athlete (SA) for the use of the SA’s name, image or likeness (NIL) in exchange for money, goods or services?
Yes, subject to restrictions in Utah state laws, as well as federal laws and NCAA rules; however, before a UVU SA enters into such a contract, the SA must disclose to UVU representatives, in the manner prescribed by the institution, any proposed contract the SA may sign for use of the SA’s NIL.
Does the Utah NIL law mean that a booster or fan of UVU Athletics may provide a student-athlete (SA) with any amount of compensation at any time as long as it is in exchange for the use of the SA’s NIL?
Yes, you may, but any agreement with the SA must be limited to marketing the SA’s NIL. Furthermore, if you are also an athlete agent*, then you must be registered and bonded as an athlete agent with Utahs’ Secretary of State and may not initiate any communication related to professional sport representation with the SA or SA’s family outside of athlete agent interviews organized by UVU.
*Under Utah law (58-87-101):
“Athlete agent” means an individual, whether or not registered under this chapter, who:
(i) directly or indirectly recruits or solicits a student athlete to enter into an agency contract
or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
(ii) for compensation or in anticipation of compensation related to a student athlete’s participation in athletics:
(A) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
(B) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
(iii) in anticipation of representing a student athlete for a purpose related to the athlete’s participation in athletics:
(A) gives consideration to the student athlete or another person;
(B) serves the athlete in an advisory capacity on a matter related to finances, business
pursuits, or career management decisions; or
(C) manages the business affairs of the athlete by providing assistance with bills, payments,
contracts, or taxes.
May UVU or its staff members assist me with arranging for UVU SAs to utilize their NIL for compensation with my business, etc.?
UVU and its staff members may not arrange for our SAs to participate in NIL contracts or activities; however, we may forward information about legitimate NIL-opportunities to our SAs for their consideration.
UVU’s marks, logos or other institutional property be used in a proposed NIL-contract with a UVU SA (SA filming endorsement ad while wearing a UVU branded hoodie, t-shirt or hat)?
No. Utah state law prohibits SAs from earning NIL-compensation in exchange for property owned by UVU, or, for providing an endorsement while using intellectual property or other property owned by UVU.
May an NIL contract stipulate that a SA must compete for, or attend, UVU (or any other NCAA member school)?
No. For example, if a SA is at a UVU Athletics-organized fan event or at an away-from-home competition, you may not compensate the SA for the SA’s autograph or photo because the SA is engaged in official team activities. In short, if the SA is participating in some activity because UVU Athletics organized it, then it is an official team activity and compensation is not allowed.
Yes. UVU prohibits a SA from entering into a contract for the use of the SA’s name, image or likeness in exchange for an endorsement of:
* Tobacco products
* E-cigarettes or any other type of nicotine delivery device
* Anabolic steroids
* Sports betting
* Casino gambling
* A firearm the student athlete cannot legally purchase or
* A sexually oriented business as defined in Utah Code located at: https://le.utah.gov/xcode/Title10/Chapter8/10-8-S41.5.html
What are other examples of when a SA may not engage in NIL-activity for compensation, according to Utah law or Federal law?
Other prohibited examples include compensation for SA NIL activity:
- When the SA is not a US citizen and the SA’s visa generally prohibits employment
- In exchange for:
- Property owned by UVU (e.g., current jersey or equipment)
- An endorsement while using UVU intellectual property or other UVU-owned property (e.g., paying SA for photo when SA is wearing UVU apparel or on UVU’s campus)
- That conflicts with:
- A UVU University contract
- A UVU Athletics’ sport’s written team rules/team contract, Athletics financial aid agreement or Athletics Department student-athlete rules or
- UVU’s Code of Honor or other student rules.
The duration of the SA’s contract may not extend beyond the SA’s participation in UVU’s intercollegiate athletics program.
Yes. UVU will have a robust program to educate student-athletes in how to maximize the use of their NIL for compensation, as well as understanding associated issues (e.g., financial literacy, debt management, time management, budgeting, academic resources, branding strategy and media interaction training).