The University of Utah policy and procedure outlining the requirements for student-athletes to permissibly earn compensation from their name, image and likeness (NIL).
What is NIL?
NIL is the promotion of a business, product, service, or individual by a student-athlete. Student-athletes may receive financial compensation or benefits for the promotion of a commercial entity or item. A student-athlete who promotes a business, product, service, or individual through an identifiable social media account, website, or other platform is considered to be using their NIL.Â
Â
Elevate U
Student-athletes will learn key skills to build their brand and profit through the Elevate U program. As part of Elevate U, the Ute Academy will help student-athletes connect and build their network with community businesses through networking events, employer site visits and the Ute Academy Leadership Program. The Ute Academy will also provide education to empower student-athletes’ business endeavors through Ute Café Workshops that include financial success, basic budgeting, social media safety, and physical safety in the NIL world. Monthly webinars and workshops on incorporating a business, branding, and taxes will be offered in partnership with the University of Utah David Eccles School of Business and the Lassonde Entrepreneur Institute. The Ute Academy also offers an academic course covering NIL activities, financial success, and branding.
Â
General Rules
The NCAA strictly prohibits pay-for-play, impermissible offers, and extra benefits. This means student-athletes MAY NOT receive compensation, tangible items, or promises:
- based on specific athletic performances or achievements;
- to enroll, or remain enrolled, at a specific institution;
- for work not performed; or
- for NIL activities that are inconsistent with institutional policies, NCAA rules, state law, and federal law.
Â
NCAA NIL Guidelines
NCAA legislation states that an institution must provide student-athletes an opportunity to disclose name, image and lines activities to the institution consistent with the following provisions:
- An institution may only provide institutional assistance and services to those student-athletes who elect to disclose name, image and likeness activities consistent with institutional policies and procedures. A student-athlete who elects not to disclose name, image and likeness activities shall not receive such institutional assistance and services.
Required Elements of NIL Disclosure
- Names and contact information of individuals involved in the activity, including a description of the nature of the relationship between such individuals;
- Terms of the arrangement, including description of services rendered, rights granted, term duration, compensation and payment structure (eg, cash, barter, deferred);
- Names and contact information of professional service providers in the arranging, negotiating, or securing the disclosed activity; including a description of the nature of the relationship between the service providing and the individuals involved in the activity; and
- Terms of the compensation between he professional service provided and the student-athlete (eg agent contingency fee);
- A student-athlete shall not be required to disclose NIL activities valued at less than $600. A student-athlete must disclose NIL activities equal to or great than $600
- The NCAA will make public aggregate information of NIL disclosures
Under the University of Utah Name, Image and Likeness (NIL) program (ElevateU) and Utah State Law H.B. 202, student-athletes must recognize the following conditions when participating in NIL as a University of Utah student-athlete:
Â
Prohibited Categories:
- Tobacco, including vaping, e-cigarettes, or similar products;
- Alcohol;
- Seller or dispensary of a controlled substance, including marijuana;
- Adult entertainment; and
- Gambling and casinos.
Due to existing contractual obligations, the University has entered into to outfit and fuel Athletics, student-athletes may not use their NIL to endorse any beverage companies other than Pepsi and the following apparel companies: Nike (including Jordan brand), Adidas, Lululemon, Reebok, New Balance, and Converse.
Student-Athlete Expectations
 Individuals who agree to participate in Utah Athletics agree to fulfill the obligations of being a member of an NCAA Division I, Big 12 Conference athletics team. When engaging in NIL activities, student-athletes may not:
- miss academic obligations (class, tutor appointments, advisor meetings, etc.); and
- miss required athletic obligations (competition, practice, strength workouts, team travel, sports medicine/treatment, promotional activities, etc.).
Â
University of Utah Logos, Marks & Licensing
Student-athletes may submit a request to use University of Utah trademarked logos in print, video, or on social media, by visiting
https://licensing.utah.edu/. The following non-exhaustive list includes examples of University protected logos and trademarks: interlocking U. block U, circle and feather, Utah Utes, Red Rocks, UofU, UBoyz, Sack Lake City, Salt Lax City, Runnin’ Utes, etc.
Â
University Facility Rental
Student-athletes are permitted to use University of Utah facilities, provided they are facilities open for rental by the general public, reserved in the same manner as the general public, at the published rental rate. For rental information please visit
https://campusrec.utah.edu/Â or
https://stadium.utah.edu/
Â
BoostersÂ
A booster is someone who:
- has participated in promoting Utah Athletics;
- is a member of an organization that promotes Utah Athletics;
- has made financial contributions to Utah Athletics or the Crimson Club;
- has made a donation to Utah Athletics to secure season tickets;
- has assisted or been asked to assist in the recruitment of a prospective student-athlete; and
- has assisted in, or provided, benefits to enrolled student-athletes and/or their family or friends.
Â
Once an individual triggers any of the above, they retain booster status for life.
Â
Student-athletes are permitted to engage in business activities with boosters, provided all institutional rules, NCAA rules, state laws, and federal laws are strictly followed. Before NIL activities with boosters may occur, boosters will be required to complete an attestation following the student-athlete submission of the disclosure form.
Â
Boosters may not:
- provide inducements to any individual to join a Utah Athletics sports team;
- provide extra benefits to current student-athlete for any reason, including to remain at the University of Utah; or
- compensate with money or benefits any prospective or current student-athlete for athletics achievements and/or athletics performance.
Professional Service Providers
A professional service provider (PSP) is an individual who provides advice on NIL activities, represents an individual in NIL contract negotiations, and/or markets an individual’s NIL. Anyone who solicits NIL activities on behalf of a prospect or student-athlete is considered a PSP. A PSP includes, but is not limited to, an agent, lawyer, marketing/brand manager, public relations representative, etc.
Â
Student-athletes are permitted to use professional service providers (PSP) provided the following:
- All required local, state, and federal licensures and certifications are up-to-date and the individual is in good standing;
- The PSP is certified in Utah, or the state in which the individual is representing the student-athlete, if required;
- The student-athlete pays the going-rate for services performed;
- The student-athlete provides all documentation related to PSP licensure/certification, work agreement, contracts, summary of work performed (with hours and total charge), and proof of payment;
- PSP may not represent the student-athlete for professional sports opportunities; and
- The PSP completes an attestation and submits required documentation following the student-athlete submission of the disclosure form.
Â
Compliance Disclosures
Â
Student-athletes are required to submit information for all NIL activities through the INFLCR app. All contracts/written agreements must be approved by the compliance office before the student-athlete signs with a business or professional service provider. The disclosure form must be fully completed and submitted to compliance five (5) business days prior to the activity and the student-athlete must receive pre-approval before engaging in, or receiving any benefits or compensation for, the activity.
To Self-Disclose a Transaction:
-
Navigate to the Dollar Sign icon on the bottom menu bar and then select the + button near the bottom right of your screen.
-
Select Disclose NIL and fill out all relevant components of the form and then select Submit. Make sure to select the gift box icon if you were paid by means other than cash such as merchandise, apparel, or food.
Â
Third-Party Provider Disclose a Transaction on your Behalf:
-
Navigate to the Dollar Sign icon on the bottom menu bar and then select the + button near the bottom right of your screen.
-
Select Register a Third Party and complete the required attestations.
-
Enter the Email Address of your contact who will then receive a link from INFLCR to submit information about the NIL activity on your behalf. Â
For questions about Compliance disclosures, please contact Claire Stauber (
cstauber@huntsman.utah.edu) or Jason Greco (
jgreco@huntsman.utah.edu). Â
Administration
Failure to submit complete and accurate information to compliance by the established deadlines creates opportunity for institutional policy or NCAA rules violations. Violations may result in a student-athlete being withheld from competition, repayment of benefits received, and permanent ineligibility.
Â
Additional Restrictions
International students on an F-1 Visa issued for individuals pursuing full-time academic studies. F-1 VisasÂ
restrict off-campus employment. International students are not permitted to be compensated for NIL activities either with payment or benefits. For more information, please refer to the U.S. Citizenship and Immigration Services website, University of Utah Student and Scholar Services, or seek advice from an experienced immigration attorney.
Â
Student-athletes under the age of 18 should consult with a legal guardian before signing legal documents (e.g., contracts, rental agreements, employment contracts, etc.) as they may not be valid without the signature of someone over the age of 18.
Â
Privacy
Information related to NIL activities that student-athletes submit through the disclosure process is part of a student-athlete’s protected educational records under Federal Education Rights and Privacy Act (FERPA) and will not be shared in an identifiable way with entities outside of the University of Utah.
Â
Student-Athlete Obligation
Student-athletes are required to follow direction provided by the compliance office. If a student-athlete fails to follow any of the requirements listed in the University of Utah policy and procedure for Name, Image, and Likeness, they may be deemed ineligible for participation in their sport at the University of Utah.
Student-athletes are obligated to wear Under Armour products forÂ
all team activities. This includes, but is not limited to, workouts, practices, games, other competitions, sports camps & clinics operated by the University or coaches, athletically-related photographs (still or moving), interviews, press conferences, coaches shows, public appearances, and otherwiseÂ
when speaking for or acting as a representative of the University of Utah and/or the Athletics Department.
Last updated Aug. 1, 2024
Â
Â