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University of Montevallo Athletics

Name, Image, & Likeness

 

What is NIL?
NIL stands for "Name, Image, and Likeness" and refers to NCAA guidance that will allow student-athletes to earn compensation for the use of their name, image or likeness. This new legislation will allow student-athletes to earn compensation in ways that were previously impermissible under NCAA rules.

How will student-athletes be able to capitalize on NIL?
Under the new rules, student-athletes will be able to use their name, image or likeness, just like other students at UM, to earn compensation for any of the following activities:
  • Social media promotions and influencer activities
  • Starting their own business
  • Appearance in TV or print advertisements
  • Other endorsements of a third-party
  • Providing private sport lessons or running a camp or clinic
  • Personal appearances
NIL Policies 
  • Student-athletes may earn compensation for their name, image, and likeness ("NIL").  Such compensation must align with fair market value.
  • Student-athletes are required to disclose NIL agreements and/or proposed contracts to the Athletics Compliance Department.
  • The University of Montevallo, the UM Athletics Department, coaches, institutional staff members, or boosters may not compensate or arrange for compensation to a current or prospective intercollegiate athlete for her or his NIL.
  • Compensation may not be provided to a current or prospective student-athlete in exchange for athletic performance or attendance at UM.
  • Compensation can come in the form of money, goods or services.
  • Student-athletes are not permitted to miss class, other academic obligations, or team activities for NIL endeavors.
  • Use of any registered marks, logos, verbiage or designs owned and protected by the University of Montevallo is not permitted without receiving prior written permission. 
  • Student-athletes are not permitted to enter into NIL agreements that conflict with team contracts and/or negatively impact or reflect adversely on UM or the UM Athletics Department.
  • Student–athletes will not be permitted to enter into NIL agreements with products or services prohibited by other NCAA regulations (e.g. gambling, tobacco products).
  • The use of Athletics Department facilities will require approval in advance (location agreements, including waiver of liability forms and applicable rental fees). 
  • Student-athletes may secure professional representation, ONLY for NIL purposes and NOT for future professional athletic contract negotiations. Representatives must either be a registered Athlete Agent in the State of Alabama, or an attorney that is a member in good standing of the Alabama State Bar. 
  • The duration of a contract for representation of a student-athlete for the use of his or her NIL may not extend beyond participation in their athletic program at UM.
  • International student-athletes should not enter into any NIL agreements without guidance from the Athletics Compliance Department and UM's DSO to guard against any potential immigration issues.
  • Compensation from NIL activity will be considered taxable income and, as such, may need to be factored into whether a student-athlete is required to file taxes.
  • Pell Grant or need-based financial aid could be impacted because of compensation earned from NIL activity. Questions should be directed to the UM Student Aid Office.
 

FAQs for Montevallo Athletics Supporters and University of Montevallo Employees

  • May a booster or fan enter into an agreement with a University of Montevallo ("UM") student-athlete ("SA") for the use of the SA's name, image, or likeness ("NIL") in exchange for money, goods or services?
Yes, subject to the restrictions imposed by Alabama law (PDF). Before entering such a contract, the SA is required to disclose any proposed contract for use of their NIL to UM. It is possible, and likely, that federal laws and NCAA legislation will ultimately provide a nationwide, uniform approach to NIL governance, at which point restrictions on these agreements are subject to change.
  • May UM employees assist me with arranging for student-athletes to utilize their NIL for compensation with my business, etc.?
No. UM employees may not arrange for our SAs to participate in NIL contracts or activities; however, we may forward information about legitimate NIL-opportunities to Dawn Makofski.  The information will be routed by compliance to the student-athletes for their consideration. Alabama NIL law otherwise precludes the institution from providing NIL compensation, and Alabama law generally prohibits the use of state resources for private gain.
  • May an SA receive NIL-compensation based on the SA's athletic performance at UM?
No.
  • May a booster or fan compensate an SA for the SA's NIL when the SA is engaged in official team activities?
No. For example, if a SA is at a fan event that has been organized by UM, or at an away-from-home competition, you may not compensate the SA for the SA's autograph or photo because the SA is engaged in official team activities. If the SA is participating in an activity that was organized by UM, then it is an official team activity.
  • How long may an SA's NIL-related contract last?
The duration of the SA's NIL contract may not extend beyond the SA's participation in the UM intercollegiate athletics program.
  • Are there limitations on the compensation or opportunities that can be provided to a SA for use of their NIL?
Yes. Compensation for NIL use shall be commensurate with the market value. Additionally, SAs are not permitted to enter into an endorsement contract, or otherwise receive compensation, from any of the following categories or brands:
  • A tobacco company or brand, including alternative nicotine products
  • Any alcoholic beverage company or brand
  • Any seller or distributor of a controlled substance, including but not limited to, marijuana
  • Any adult entertainment business
  • Any casino or entities that sponsor or promote gambling activities
Additionally, UM may prohibit an SA from receiving compensation for use of their NIL from entities or individuals that, in the reasonable and good faith judgment of UM, negatively impacts or reflects adversely on UM.
Other examples of prohibited compensation for SA NIL activity include:
  • Where the SA is not a US citizen and the SA's visa generally prohibits employment
  • In exchange for property owned by UM (e.g., current jersey or equipment)
  • Where UM determines that a term of a contract for NIL compensation conflicts with a term of a contract held by UM
     
  • Can UM's marks, logos or other intellectual property be used in a proposed NIL-contract with a UM SA (e.g., SA filming endorsement ad while wearing UM hat or jersey)?
No. Alabama state law prohibits SAs from receiving compensation for use of their NIL in a way that also uses any registered or licensed marks, logos, verbiage, or designs of UM without prior written consent.
  • May a booster, fan or UM employee provide NIL-compensation to a prospective student-athlete ("PSA")?
No. Alabama law prevents the use of compensation for NIL as an inducement to attend or enroll in or continue attending a specific postsecondary institution. Generally, PSAs participate in competition governed by state athletics associations that have amateurism rules which prohibit a PSA from using his/her NIL for compensation.
  • May a contract for NIL compensation stipulate that an SA must compete for, or attend, UM (or any other NCAA member school)?
No.

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