Carson-Newman NIL Approval and Disclosure Form
Beginning July 1, 2021, all three NCAA divisions adopted interim rules to allow student-athletes the ability to earn compensation for the use of their own Name, Image and/or Likeness (NIL). This document is intended to provide student-athletes with policies and procedures regarding NIL and serve as a resource. This document does not constitute legal advice and the terms are subject to change as state and national guidance changes.
What is Name, Image and Likeness?
Name Image and/or Likeness (NIL) is an activity that involves the use of an individual’s name, image and/or likeness for commercial or promotional purposes.
If a student-athlete chooses to engage in an NIL activity, eligibility will not be impacted by NCAA amateurism and athletics eligibility bylaws, but other NCAA rules, including prohibitions on pay-for-play and improper recruiting inducements remain in effect.
Student-Athlete Information
Carson-Newman NIL Approval and Disclosure Form
Student-athletes may use a professional services provider (agent or lawyer) ONLY for the purpose of securing compensation for the use of his or her name, image and/or likeness and NOT for future professional athletic contract negotiations.
- An athlete agent representing a student-athlete for purposes of securing compensation for their NIL must comply with the federal Sports Agent Responsibility and Trust Act in their relationships with student-athletes.
- An attorney representing a student-athlete for purposes of securing compensation for their NIL must be licensed to practice law in the state.
A student-athlete under the age of 18 must have any contract for compensation for their NIL approved by their legal guardians.
International student-athletes should NOT enter into any NIL agreements without the guidance from the Carson-Newman University International Global Education Services to guard against any potential immigration issues.
Compensation refers to money, goods and/or services, whether provided at the time or at any subsequent date.
Compensation may NOT be provided in exchange for athletic performance or attendance at Carson-Newman University.
Compensation for NIL activity may NOT come directly from the institution or its employees.
A student-athlete may NOT earn compensation for the use of NIL for the endorsement of:
- Tobacco, including e-cigarettes
- Alcohol
- Firearms
- Illegal Substances or Activities
- Banned Athletic Substances
- Gambling, including, but no limited to, Sports Betting
- Sexual Oriented Businesses
A student-athlete may NOT enter into a NIL agreement that conflicts with any provision of a team, department and/or institutional contract.
The use of Carson-Newman University facilities and uniforms for NIL activity is NOT permitted.
The use of Carson-Newman University’s intellectual property (logos, designs, photos, etc.) for NIL activity is NOT permitted.
A student-athlete MAY indicate that they are a student-athlete at Carson-Newman University and include their sport.
NIL activity may NOT take place during the student-athlete’s participation in academic, athletic, team or department mandated activities. This includes, but is not limited to, class attendance, study hall, tutoring, practices, competition, travel, community service events, team promotional/fundraising events, team/department meetings, etc.
The student-athlete MUST abide by institutional policies related to class absences.
Pell Grant or need based financial aid could be impacted based on compensation from NIL. Those questions should be directed to the Carson-Newman University Office of Financial Aid.
Student-athletes must disclose the terms of an NIL contract to the Compliance and Academic Services office PRIOR to signing the contract.
Carson-Newman University Information
Carson-Newzan University employees (including student workers) may NOT directly or indirectly create or facilitate NIL compensation opportunities for student-athletes.
Carson-Newman University may NOT use or allow boosters (Eagle Club etc.) to directly or indirectly create or facilitate compensation opportunities as a recruiting inducement or pay-for play. However, boosters may be involved in approved NIL activity as defined by Carson-Newman University.
Frequently Asked Questions
Q: Who is a professional service provider?
A: A professional service provider is an individual who provides third-party services to a prospective or current student-athlete. It includes, but is not limited to, an agent, tax advisor, marketing consultant, attorney, brand management company or anyone who is employed or associated with such persons.
Q: Can a booster-owned company, or companies they are employed by, provide compensation for a student-athletes NIL?
A: Yes, as long as the activity is not directed or arranged by the University, athletic department, coaches or staff, and the compensation is for actual NIL activity by the student-athlete and not as a recruiting inducement or as a means of paying for athletics participation.
Q: Are there prohibited categories?
A: A student-athlete may not earn compensation for the use of their NIL for the endorsement of:
- Tobacco
- Alcohol
- Firearms
- Illegal Substances or Activities
- Banned Athletic Substances
- Gambling, including, but no limited to, Sports Betting
- Adult Entertainment
Q: How does the interim NIL policy impact a student-athlete’s athletic financial aid?
A: The interim NIL policy does not impact a student-athletes athletic financial aid. Compensation, including NIL compensation, remains excluded from NCAA financial aid limitations. However, NIL compensation may affect need based financial aid, including the Pell Grant. Questions regarding need based financial aid should be directed to the Financial Aid Office.
Q: Is there a National Solution?
A: Not at this time. While the NCAA has modified its bylaws to no longer rule student-athlete ineligible for earning compensation based on their NIL, there are a number of national legislative proposals that exist. The NCAA will continue working with Congress to develop an NIL approach that provides the uniformity and detail individuals and schools deserve.
Q: What is the impact of the interim NIL policy on prospective student-athletes (recruits)?
A: Prospective student-athletes may engage in the same types of NIL opportunities available to current student-athletes under the interim NIL policy without impacting their NCAA eligibility. NIL opportunities may not be used as a recruiting inducement or as a substitute for pay-for-play. Individuals are encourage to consider state laws, if applicable, and the rules of any relevant amateur governing bodies.
Q: Will compensation for NIL activities jeopardize a prospective student-athlete’s high school eligibility?
A: Given that rules vary by state, prospective student-athletes should consult their state high school athletics association regarding questions pertaining to high school eligibility.