Name, Image, and Likeness

WCU NIL POLICY

• Student-athletes can benefit from their “name, image, and likeness” by being compensated by brands, companies, or entities a “fair market value” in exchange for some type of service or endorsement
  • Currently no official resource to determine “fair market value”
    • Essentially, you cannot be paid 100k for a wing night appearance at Barnaby’s

• Compensation to student-athletes for athletic participation or achievement (“Pay-for-play”)
• Recruiting inducement
  • A name, image and likeness agreement or the payments associated with such an agreement may not be guaranteed or promised contingent on initial or continuing enrollment at a particular institution
• Agreements without a quid pro quo (e.g., compensation for work not performed)

• Sponsored social media posts
• Local restaurant/store sponsorships
• Brand ambassador roles
• YouTube, TikTok, and other content creation deals
• Camps and clinics
• Fees for personal appearances or speaking engagements
• Autographs
• Commercials or advertisements for products or services

• No use of the name, trademarks, services marks, logos, symbols or any other intellectual property of West Chester University
• No use of West Chester University facilities without a facility use agreement
• Student athletes are not permitted to promote the following areas:
  • Adult entertainment products or services
  • Alcohol products
    • A student athlete may promote a restaurant that serves alcohol, but may not promote the alcohol that is sold such as “Margarita Night”
  • Casinos and gambling
  • Tobacco and electronic smoking products
  • Prescription pharmaceuticals
  • A controlled dangerous substance
  • Anything illegal, conflicts with university policy, conflicts with NCAA, PSAC or other relevant athletic conference rules
  • Athletic recruiting services
  • Sponsorships or activities that conflict with existing WCU exclusive sponsorship entities
• Student-athletes must submit the proposed oral or written NIL agreement to WCU at least 7 days prior to the beginning of the agreement

• Authentic NIL Activities
  • SAs are able to leverage local neighborhoods and smaller brands

• False NIL Activities are more aligned with “pay-for-play” payments disguised under the guise of NIL
  • Average compensation per Division II athlete is $204 (Opendorse 2023)

• WCU is fortunate enough to be located in an incredibly vibrant community, with a large and passionate alumni base. These local businesses and alumni present opportunities for SAs to get involved to not only benefit themselves, but these local brands.

• A coach may provide information to an athlete about opportunities that the coach has become aware of, but the coach must limit the activity to transmitting information without further involvement
• What coaches can do
  • Engage NIL entity to inform SAs of NIL opportunities
  • Provide information to SAs about opportunities that coach has become aware of (transmit information without further involvement)
  • Provide SA contact information to NIL entity
  • Introduce SA to representatives of NIL entity
  • Promote SA’s NIL activity, provided there is no value or cost to the institution (e.g., retweeting or liking a social media post)
• Impermissible
  • Communicate with NIL entity regarding specific SA request/demand for compensation (e.g., SA needs X dollars in NIL money)
  • Proactively assist in the development/creation, execution or implementation of a SA’s NIL activity (e.g., develop product, develop promotional materials, ensure SA performance of contractual NIL activities)
  • Allow SA to promote their NIL activity while on call for required athletically related activities (e.g., practice, pre-and postgame activities, celebrations on the court, press conferences)
• Recruiting Advantage
  • Promotion of current and past SAs NIL opportunities can be leveraged to market their team while recruiting
  • Even moreso important in the world of collegiate athletics where attraction and retention of talent is paramount
  • Increased program visibility and marketing

• Amplifying brand exposure and revenue through partnerships with local athletes
• Marketing tool geared towards reaching the local college community
  • NIL deals allow businesses to target the college community directly through student-athletes who are influential on campus. Athletes help businesses connect with students and local fans through social media and in-person promotions.
• Ability to align with student-athletes with large social media followings in the area
  • By partnering with athletes who have strong local reach, businesses can access a digital audience and generate more engagement.
• An affordable use of advertisement

• Almost all international SAs are here on a F-1 visa (student-visa)
• These types of visas prohibit almost all forms of off campus work unrelated to their degree, therefore limiting their ability to benefit from NIL partnerships
• International SAs can only accept and promote NIL deals in their home countries
• International SAs can also profit from “passive” engagements in which no work is required, such as merchandise sales or video game licensing agreements
• There has been legislation recently introduced on the federal level trying to provide opportunities for international SAs, but currently there is no guidance.

• NIL collectives are 501(c)(3) nonprofits that are affiliated with—but operate independently from—a particular school and its athletic department
• These collectives pool money from donors, fans, businesses, and other sources to compensate SAs in exchange for completing certain services, such as appearing at events, promoting certain brands or businesses, or other activities centered upon utilizing their NIL