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Name-Image-Likeness

Fort Hays State University Athletics Name, Image, Likeness Policy

FHSU NIL Disclosure Form

EFFECTIVE DATE
 
The NCAA has adopted guidance (the “NCAA Rules”) governing student-athletes’ Name, Image, and Likeness (“NIL”) activities as of July 1, 2021. Any agreements involving Name, Image, and Likeness entered into prior to July 1,2021 are not covered under the NCAA or Fort Hays State University Athletics policies and would be subject to previous NCAA Rules regarding NIL, including mandatory reporting of violations of those Rules.
 
Fort Hays State University Athletics and our student-athletes must follow the NCAA Rules and this Fort Hays State University Athletics policy. Student-athletes, Fort Hays State University Athletics staff, or other third parties should consult with Fort Hays State University Athletics Compliance regarding the NCAA Rules and this policy prior to engaging in NIL activities that involve Fort Hays State University Athletics student-athletes beginning July 1, 2021.
This policy shall be deemed effective July 1, 2021.

NAME, IMAGE, AND LIKENESS ACTIVITIES 
 
Subject to the NCAA rules and this Fort Hays State University Athletics policy, Fort Hays State University student-athletes may use their NIL in a variety of ways that may include, but is not limited to:
  • promoting their own business,
  • promoting or endorsing a corporate entity (e.g., a brand ambassador or social media influencer);
  • Providing private lessons or camps/clinics;
  • Traditional commercials or advertisements for products or services;
  • making personal appearances; or
  • signing autographs.
Student-athletes who are unsure of whether a particular activity may fall under this policy should consult with Fort Hays State University Athletics Compliance prior to entering any agreement for the activity.

DISCLOSURE OF NIL ACTIVITIES  

In an effort to protect a student-athletes NCAA eligibility, student-athletes shall submit the NIL Disclosure Form to Fort Hays State University Athletic Compliance prior to the signing of any agreement or participation in NIL activities. 
 
Student-athletes entering Fort Hays State University for the first time are required to disclose any contracts entered into prior to enrolling at Fort Hays State University within 15 days of matriculation.  Disclosures should be made utilizing the NIL Disclosure Form.
 
In the event that Fort Hays State University, Fort Hays State University Athletics, or an affiliated entity asserts a conflict as described in the “Restrictions” section, that conflict shall be disclosed to the student-athlete and the student-athlete's professional representative, if applicable, by providing the full contract that the postsecondary educational institution asserts is in conflict and designating the relevant contractual provisions asserted to be in conflict within 5 business days of receiving the NIL Disclosure Form.
 
COMPENSATION FOR NIL ACTIVITIES
 
Subject to the terms of this policy, Fort Hays State University student-athletes are not limited on the amount of compensation they may receive, either in-kind or monetarily, for engaging in NIL activities. Such compensation must be within fair market value. Such compensation must be for work actually performed.

RESTRICTIONS

Student-athletes must not use their NIL to promote:
  • gambling,
  • alcohol products,
  • tobacco and/or vaping products,
  • adult entertainment,
  • substances banned by the NCAA, or
  • products or services that are illegal.
  • bars and nightclubs
  • weapons
Furthermore, an agreement is restricted if the agreement:
  • is without quid pro quo (e.g. compensation provided for work not performed),
  • is contingent upon enrolling or remaining at a particular institution (recruiting inducement)
  • compensates based on athletic participation or achievement (“pay-for-play”). Athletic performance may enhance a student-athlete’s NIL value, but athletic performance may not be the “consideration” for NIL compensation,
  • requires the student-athlete to engage in NIL activities during the course of official team activities, which include competitions, practices, and team gatherings and meetings,
  • is in conflict with NCAA bylaw 12.5.4 regarding the permissible use of logos on equipment, uniforms and apparel.
  • interferes with the student-athlete’s academic obligations,
  • violates the FHSU Student Code of Conduct or the Student-Athlete Code of Conduct
  • extends beyond a student-athlete’s athletic eligibility at Fort Hays State University, or
  • is in conflict with a provision of a contract entered into by Fort Hays State University, Fort Hays State University Athletics, or an affiliated entity. Refer to “Disclosure of NIL Activities” section for more information on contractual conflicts.
Fort Hays State University, Fort Hays State University Athletics, or staff members may not compensate or arrange compensation to a current or prospective intercollegiate student-athlete for her or his name, image, or likeness.

USE OF AGENTS OR PROFESSIONAL SERVICES 

Fort Hays State University student-athletes are encouraged to obtain professional advice to assist them with NIL activities. The use of an agent, as defined by NCAA bylaws, may only be used for NIL activities; student-athletes may NOT enter into agreements for future professional athletics contract negotiations and/or representation.
 
Professional representation on behalf of a student-athlete by an athlete agent or attorney shall only be provided by persons licensed by the state of Kansas or holding certificates of registration as provided by applicable Kansas law, including the Uniform Athlete Agents Act, and who are in compliance with such Kansas law and the Federal Sports Agent Responsibility and Trust Act, 15 U.S.C. § 7801 et seq., established in chapter 104 of title 15 of the United States Code. Fort Hays State University Athletics encourages its student-athletes to thoroughly vet any such agents or advisors prior to working with them, as Fort Hays State University Athletics will not be responsible for any agreement or contractual obligation, whether with an agent or other third party.
 
Student athletes cannot enter into any such written or oral agreements for Name, Image, and Likeness before July 1, 2021.  
 
USE OF UNIVERSITY INTELLECTUAL PROPERTY  

Student-athletes may reference their attendance at Fort Hays State University and/or their participation in athletics while engaging in NIL activities. Use of Fort Hays State University’s intellectual property, including its trademarks, logos, or symbols, to either implicitly or expressly endorse a third party or product may be permissible with prior written approval. Approval may be conditioned on:
  • review of the content of the proposed endorsement of the product or third-party to ensure use is consistent with Fort Hays State University guidelines for use of its logo, trademarks, and symbols, and/or
  • compensation to Fort Hays State University for use of its logos, trademarks, or symbols.
Approval will be determined by the Fort Hays State University Relations and Marketing Department, and in no event will approval result in the transfer of any intellectual property rights from FHSU or FHSU Athletics to student-athletes.    
 
Student-athletes may autograph and sell officially licensed memorabilia that includes University marks pursuant to this policy. Per NCAA rules, student-athletes may not sell products provided by Fort Hays State University Athletics or awards received for intercollegiate athletic participation while they are a student-athlete.

FACILITY USE  
 
Use of Fort Hays State University Athletic facilities is not generally permissible for name, image, likeness activities. However, exceptions to this requirement may be made by the Director of Athletics, in his sole discretion, for activities that do not conflict (or pose only a de minimis conflict) with scheduling, operations, policies, or programs concerning the Athletic Department. An example of one such exception may include a quick photograph being taken while in FHSU Athletic facilities.
 
Any use of FHSU Athletic facilities permitted under this provision is subject to FHSU or FHSU Athletic policies and procedures, including any facility use and/or waiver of liability agreements or requirements by FHSU or FHSU Athletics.  Student athletes will be required to pay the same rental rates available to any other student at FHSU and may not receive special rates or discounts for use of facilities or resources.
 
Student-athletes may not use Fort Hays State University facilities in such a manner that creates the impression – either express or implied - that Fort Hays State University expressly or indirectly endorses a third party or product unless prior written approval is obtained from Fort Hays State University Counsel.

FINANCIAL AID AND TAX IMPLICATIONS

Student-athletes should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grant or other need-based aid.
 
Fort Hays State University Athletics shall not revoke or reduce an athletics grant-in-aid or stipend scholarship as a result of a student-athlete earning compensation in accordance with name, image, likeness activities, unless otherwise required by federal laws or institutional standards governing need-based awards due to income received.
An athletics grant-in-aid award from Fort Hays State University Athletics is NOT considered compensation for use of a student-athlete’s name, image, likeness rights. 
Student-athletes are encouraged to consult with the Fort Hays State University Financial Assistance Office to fully understand these potential impacts.
 
Entering into NIL agreements could also present tax implications. Student-athletes should consult with a tax professional regarding these issues.

INTERNATIONAL STUDENT-ATHLETES

International student-athletes should discuss how receiving compensation may impact their VISA status with the Fort Hays State University Office of International Student Services prior to engaging in NIL activities.

PROSPECTIVE STUDENT-ATHLETES
 
While the NCAA’s interim NIL Policy allows prospective student-athletes (“PSAs”) to engage in the same types of NIL opportunities available to current student-athletes without impacting their eligibility, it is imperative for PSAs to contact their state amateur athletic associations for guidance on NIL activities. Given that rules vary by state, PSAs should consult their state high school athletics association regarding questions pertaining to high school eligibility. Fort Hays State University Athletics is not responsible for a PSA’s high school eligibility, and maintaining that eligibility is the sole responsibility of the PSA.
 
NIL opportunities may not be used as a recruiting inducement, as noted in the “Restrictions” section, and such inducements would impact a PSA’s NCAA eligibility.
 
RESERVED RIGHTS
 
Fort Hays State University Athletics reserves the right to use a student-athlete’s name, image, and likeness to the extent and in the form determined in the institution's sole discretion, at any time for its advertising and marketing related to Fort Hays State University University's athletic, academic, promotional and historical interests. Any contractual provision in a contract between a student-athlete and a third-party sponsor or athlete agent in conflict with this provision is null and void.

OTHER APPLICABLE LAWS
 
MIAA student-athletes may earn compensation from the use of their name, image or likeness (“NIL”), subject to their strict compliance with the NCAA Interim NIL Policy, applicable state and other laws, and applicable institutional NIL policies.  
In addition to applicable laws and policies, student-athletes may not enter into a contract or other agreement with a third party for NIL compensation if the NIL activity:  
  • includes any MIAA logo or trademark without having received prior written approval for use;  
  • violates the MIAA Constitution, MIAA Bylaws, or any MIAA policies; or 
  • discredits the MIAA or causes harm to its public reputation.
Furthermore, MIAA student-athletes grant the MIAA permission to use, adapt, modify, reproduce, distribute, publicly perform, and/or display, in any form now known or later developed, their name and/or voice, image and/or visual likeness, identity, appearance, personal academic information (e.g., cumulative GPA or academic major), and athletic information (i.e., statistics) for conference promotional activities. Such use may include, but is not limited to: the MIAA Network, website and social media content, contest programs or other publications, contest promotional activities, ticket sales, press releases, information provided for articles and/or stories published by outside media entities, fundraisers, posters, schedule cards, calendars, charitable or community activities, webcast, streaming, broadcasts (radio and/or television), and other advertising or promotional materials.  Student-athletes understand and agree that the MIAA is and shall be the exclusive owner of all right, title, and interests, including copyright, in all materials and productions related to their name and/or voice, image and/or visual likeness, identity, appearance, personal academic information, athletic information, and other promotional activities described or referenced herein. All uses of materials and productions described herein shall be consistent with state and federal law and all applicable athletics governing body and conference rules. Student-athletes further understand and agree that the MIAA does not owe student-athletes compensation for the acts consented to in this acknowledgment and that the MIAA is entitled to any royalties, proceeds, or other benefits from the same.  
 
If a student-athlete is a resident of a state other than Kansas, the student-athlete should also consult that state’s laws to determine their applicability.

Links to additional information:

NCAA NIL Policy Information

MIAA NIL Resources