Name, Image, and Likeness ("NIL") opportunities in intercollegiate athletics are new and still evolving. Stanford Athletics will continue to receive new NIL information and interpretations in the coming weeks and months. Accordingly, Stanford reserves the right to make changes to this governing policy, which will be posted and updated online at www.gostanford.com/nilpolicy.
- Student-athletes may enter into agreements that provide compensation in exchange for use of their name, image, and likeness ("NIL"). Forms of permissible compensation include goods, services, and money.
- NIL agreements including the following are prohibited:
- NIL agreement without quid pro quo (e.g., compensation for work not performed).
- NIL compensation as an inducement for or contingent upon enrollment at Stanford.
- Compensation for athletic participation or achievement. Athletic performance may enhance a student-athlete's NIL value, but athletic performance may not be the "consideration" for NIL compensation.
- Institutional compensation in exchange for the use of a student-athlete's name, image or likeness.
- NIL compensation must be commensurate with the fair market value of the goods, services, and/or money exchanged. The student-athlete and their professional representative (if applicable) should ensure compliance with this requirement.
- A student-athlete may enter into an NIL agreement with a Stanford Booster (see definition below), provided:
- the booster has no authority over intercollegiate athletics;
- compensation is tied only to NIL activities;
- compensation is not provided in exchange for athletic participation or achievement;
- compensation is not provided as an inducement for or contingent upon enrollment at Stanford;
- the compensation rate is commensurate with the fair market value of the goods, services, or money exchanged; and
- to the best of their ability, the student-athlete discloses to the Stanford Athletics Compliance Office that the agreement involves a Stanford Booster.
- Stanford University, Stanford Athletics, and Stanford staff members may not compensate or arrange compensation, including compensation relating to NIL, to prospective intercollegiate athletes.
- Student-athletes are permitted to identify themselves as a Stanford student-athlete (includes identifying respective sport and/or position) as part of NIL activities.
- Student-athletes may not miss Stanford Official Team Activities (see definition below) to engage in NIL activities.
- Student-athletes may not engage in NIL activities during Stanford Official Team Activities.
- Student-athletes are not permitted to use or sell team-issued apparel and uniforms in conjunction with NIL activities.
- Consistent with Stanford's policies regarding name and trademark use, student-athletes are not permitted to use Stanford marks or logos in conjunction with NIL activities.
- • Exception: Student-athletes may enter into agreements with licensed vendors that co-mingle Stanford's name and marks with a student-athlete's NIL if approved by the Stanford Trademark Licensing Office.
- Consistent with Stanford's policies regarding Unrelated Business Activity and Residential Housing agreements, student-athletes may not use Stanford housing, facilities, or equipment to conduct NIL activities.
- Student-athletes are required to disclose any NIL agreements to Stanford via the student-athlete's INFLCR Verified portal.
- Student-athletes are encouraged to provide any draft agreement and/or final agreement to Stanford immediately and well in advance of competitions in order to avoid potential eligibility issues.
- Stanford will review the agreement to determine if there are conflicts with existing Stanford contracts related to athletic activities and/or teams.
- Student-athletes are encouraged to refrain from finalizing agreements until after Stanford has completed its review for conflicts.
- If there is a conflict, Stanford will identify the provisions of the contract that are in conflict with existing Stanford contracts related to athletic activities and/or teams and notify the student-athlete.
- Industries that conflict with current Stanford contracts include, but are not limited to:
- Athletic apparel
- Athletic equipment
- Sports drinks and beverages
- Student-athletes may retain professional representation, including but not limited to representation provided by athlete agents or legal representation provided by attorneys, to assist with securing opportunities for NIL compensation. Professional representation must be for NIL opportunities only and not for future professional contract negotiations.
- Individuals providing professional representation to student-athletes must be licensed by the appropriate licensing authority in the state of California. For example:
- An individual providing professional representation to a student-athlete as an athlete agent must be licensed pursuant to Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code. Athlete agents must comply with the federal Sports Agent Responsibility and Trust Act.
- An individual providing legal representation to a student-athlete must be a licensed attorney pursuant to Article 1 (commencing with Section 6000) of Chapter 4 of Division 3 of the Business and Professions Code.
- In order to help ensure compliance with state law and NCAA rules, student-athletes must disclose to the Stanford Athletics Compliance Office (via the Student-Athlete Professional Service Provider Disclosure Form in the ARMS compliance system) any agreements with and/or representation by professional service providers.
- Professional representatives must demonstrate proper licensure under state law.
- Individuals providing professional representation to student-athletes must be licensed by the appropriate licensing authority in the state of California. For example:
- By entering into NIL agreements that comply with NCAA rules, Stanford policies, and California law, student-athletes will not be jeopardizing their athletic scholarship or NCAA eligibility.
- Student-athletes and their Professional Representative (if applicable) should review any NIL agreement to ensure that it complies with all relevant Stanford policies, NCAA rules and policies, as well as federal and state laws.
- NIL activities that do not abide by, or that promote the violation of, Stanford policies, NCAA rules and policies, or federal and state laws (e.g., NIL activities that promote illegal drug use, illegal sports wagering, or academic misconduct) may jeopardize eligibility.
- The Stanford Athletics Compliance Office will review all NIL agreements for NCAA compliance purposes only. Until the review is complete, Stanford makes no representation as to the NIL activity's impact on the student-athlete's NCAA eligibility.
- International students should consult with government agencies and/or seek professional representation for guidance related to visa and tax implications of NIL activities to ensure such activities do not jeopardize visa status.
- Pell Grant or other need-based financial aid could be impacted in future years based on compensation from NIL.
- Stanford Athletics may not and will not retaliate against student-athletes who engage in permissible NIL activities.
TERMS GLOSSARY
- Stanford Official Team Activities - activities deemed as CARA (NCAA Bylaw 17.02.1) or RARA (NCAA Bylaw 17.02.14)
- Stanford Booster - anyone who has:
- Provided a donation in order to obtain season tickets for any sport at Stanford.
- Participated in or has been a member of an organization promoting Stanford's athletics programs.
- Made financial contributions to Stanford Athletics or a Stanford booster organization.
- Arranged for or provided employment for enrolled student-athletes.
- Assisted or has been requested by Stanford staff to assist in the recruitment of athletic prospects.
- Assisted in providing benefits to enrolled student athletes or their families.
- Been involved otherwise in promoting Stanford athletics.
OTHER RESOURCE LINKS (NON-EXHAUSTIVE LIST):
Stanford Trademark Licensing Office - https://trademarks.stanford.edu/
Stanford Financial Aid Office - https://financialaid.stanford.edu/
Stanford Bechtel International Center - https://bechtel.stanford.edu/
Name, Image, and Likeness ("NIL") opportunities in intercollegiate athletics are new and still evolving. Stanford Athletics will continue to receive new NIL information and interpretations in the coming weeks and months. Accordingly, Stanford reserves the right to make changes to this governing policy, which will be posted and updated online at www.gostanford.com/nilpolicy.
NCAA Bylaws Referenced:
- Bylaw 16.11.2.4 – Items Received for Participation in Intercollegiate Athletics
- Bylaw 17.02.1 – Countable Athletically Related Activities
- Bylaw 17.02.14 – Required Athletically Related Activities