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University of Massachusets Athletics
Student-Athlete Name, Image and Likeness (NIL) Plan
Effective May 26, 2022
University of Massachusetts NIL Policies
Introduction
Consistent with the NCAA Interim NIL Policy (“NCAA Interim NIL Policy”), endorsed by the NCAA Division I Board of Directors on June 30, 2021, effective July 1, 2021, University student-athletes may receive compensation from third parties (but NOT from the University) for use of their Name, Image and Likeness in endorsements or NIL activities. This policy applies to student-athletes and University employees.Definitions
NCAA: the National Collegiate Athletic Association or its successor.Name, Image and Likeness (NIL): A personal right of publicity involving situations where permission is required of a person to use their name, image or likeness; the requirement of permission also means that the person whose NIL is being used may demand compensation by a third party in return for use of one’s NIL.
NIL Activity: An NIL Activity is any activity in which a prospective student-athlete or student-athlete’s NIL or personal appearance is used for promotional purposes by a noninstitutional entity, including for use by the individual prospective student-athlete or student-athlete, a commercial entity, or a noninstitutional nonprofit or charitable entity, regardless of whether such use is compensated or uncompensated.
Collectives: Collectives are a group of businesses and/or individuals that combine to provide NIL opportunities for student-athletes at specific institutions. Student-athletes can develop relationships directly with the collectives, which are independent of the university. Massachusetts Athletics currently endorses the following collectives:
Endorsement: An act, either expressed or implied, that indicates one's public approval or support of a product or service.
Compensation: Receipt, whether directly or indirectly, of remuneration or payment in any form of any cryptocurrency, cash, credit, product, goods, services, in kind contributions, or other items of value or benefit, for work or services performed.
Pay for Play: Compensation provided to a student-athlete in any form for performance in a sport in which the student-athlete participates at an NCAA Division I institution.
Professional Service Provider: Individuals or entities that provide any of the following professional services to student-athletes: (a) advice regarding NIL activities, (b) representation in contract negotiations related to NIL activities, and (c) marketing of the student-athlete’s NIL, including entities commonly known as “collectives.”
Agent: Any individual who, directly or indirectly: (a) represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain as a professional athlete; or (b) seeks to obtain any type of financial gain or benefit from securing a prospective student-athlete's enrollment at an educational institution or from a student-athlete's potential earnings as a professional athlete.
Athletics Booster: a person who directly contributes to a University athletic program.
Official team activities: All games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by the University and other team-organized activities, including, but not limited to, photograph sessions, news media interviews, and other related activities as specified by the University.
Policy Statements
Compensation for NIL: A student-athlete may receive compensation from a third party (but not from the University) for NIL Activity as long as such compensation is provided in exchange for services, activities, intellectual property, appearances, or other value actually provided by the student-athlete and is NOT being provided in exchange for athletic performance. Compensation that does not meet this requirement is prohibited by this policy and may lead to a determination of ineligibility to participate in college athletics. Pay for play compensation is prohibited by this policy and may lead to a determination of ineligibility to participate in college athletics.Examples of Impermissible Compensation:
- $100 payment to a soccer student-athlete for each goal scored;
- $10,000 payment to a basketball student-athlete for Player of the Year award;
- Free use of a car by a car dealer for a student-athlete when the student-athlete does not provide anything to the car dealer in exchange.
Disclosure:
- Student-athletes shall share this policy with any third parties, professional service providers, and/or collectives with which they engage in an NIL Activity;
- Student-athletes shall disclose to the University any NIL activities that results in compensation within seven days of receipt of the compensation. Student-athletes shall provide the University’s Athletic Director (or his/her designee) and his/her Head Coach with a copy of any agreement for compensation for NIL activities within 7 days of execution of such agreement. Such disclosure shall be provided in order to aid the University in NCAA compliance and will reviewed by the University only for that purpose.
Institutional Role:
The University of Massachusetts may:
- Educate student-athletes on NIL, including but not limited to topics intended to educate student-athletes regarding: rules and risks, best practices, how to engage in NIL, and how to build one’s personal brand.
- Allow student-athletes to access and use institutional facilities for NIL Activity under the same rules, regulations, fees, and terms and conditions in effect for any other third-party user requesting comparable access or use. Student-athletes should contact the University’s Conference & Event Services Department or the Department of Athletics for additional information.
- Facilitate a relationship between a professional service provider and any student-athlete.
- Purchase a student-athlete’s work product or service without the express written consent of the University’s Athletic Director.
- Create or facilitate NIL compensation opportunities for prospective student-athletes as a recruiting inducement or current student-athlete as an inducement to remain enrolled at the University.
- Contract with or otherwise knowingly allow any institutional partner or contractor to engage in activity that is impermissible for the institution.
- Endorse, recommend, or otherwise express a preference for, the services of a particular professional service provider.
Use of Institution Name or Marks:
- Student-athletes at the University may state that they play “[insert name of sport] at (University)” or that they are “a member of the [insert name of sport] at (University)” to identify themselves in connection with NIL Activity.
- During NIL activities, student-athletes may not use the University’s name, trademarks, service marks, logos, symbols or other intellectual property of the University (including wearing apparel with University trademarks or logos) without prior written permission from University of Massachusetts Trademark and Licensing Administration. See: https://www.umass.edu/ae/trademark-licensing/campus-trademark-usage.
- Any merchandise used in NIL activities that contains University trademarks, service marks, logos, symbols, or other intellectual property must be manufactured by University licensees. Consult University of Massachusetts Trademark & Licensing Administration for additional information.
- The use of generic UMass athletic department owned photography (facilities, crowd shots, etc.) is allowed for NIL activities upon written request. Individuals requesting to use University -owned photography must contact the UMass Trademark & Licensing Administration at trademarkapprovals@umass.edu. Each image will cost $25.00 and made payable to “UMass Licensing” by check. No University owned trademarks, logos or insignia may appear in NIL activity (including but not limited to social media posts) without first receiving express permission from the UMass Trademark and Licensing Administration. The use of third-party owned images for NIL activity is allowed following a review and approval process with the UMass Trademark & Licensing Administration. No current or former student-athlete photos will be provided or used.
Conflict with NCAA or Institutional Values: Student-athletes may not endorse or enter into NIL activities in categories that conflict with NCAA policy or institutional values including, but not limited, to any marijuana company, product, or brand; any seller or dispensary of a controlled substance, as defined by federal law; or any product, substance, or method that is prohibited in competition by an athletic association, athletic conference, or other organization governing intercollegiate athletic program competition.
Conflict of Commitment: Student-athletes may not miss class or other mandatory academic requirements or official team activities to engage in NIL activities.
Recruiting Inducement and Boosters: University athletic boosters are prohibited from creating or facilitating NIL compensation opportunities for prospective student-athletes as a recruiting inducement or current student-athlete as an inducement to remain enrolled at the University.
Prospective Student-Athletes: Prospective student-athletes may not engage in any NIL Activity that is impermissible for current student-athletes at the University under this policy. Prospective student-athletes do not need to disclose NIL transactions that will not continue during such student-athletes’ enrollment at the University, to the University. Disclosure of NIL Activities will begin at the outset of a student’s initial enrollment at the institution and will continue through their time as a student at the University.
International Student-Athletes: International student-athletes will likely be limited in their ability to receive NIL compensation from a third party by the terms of their visa or other immigration status. Most NIL activities will not be permissible for students in F and J immigration status and may constitute a violation of status resulting in loss of legal immigration status in the U.S. This policy is in no way intended to permit and does not permit such compensation where such compensation is otherwise prohibited by law. Prior to engaging in NIL activities, international student-athletes must notify the campus International Office and should consult with an immigration attorney concerning this issue.
Institutional Promotional Activities: Nothing within this policy shall impact the right of the University to use the name, image, or likeness of student-athletes in accordance with NCAA ByLaws. Student-athletes will continue to participate in institutional promotional activities such as appearances, autograph signings, digital content creation, photo shoots, and similar activities in accordance with existing NCAA rules, but may not be paid by the University to participate in any such activity.
Sale of Institutionally Provided Apparel or Tangible Goods: Student-athletes may not sell apparel, equipment, awards or other items issued by the University until his/her eligibility is exhausted. The University and its representatives shall not purchase such items originally issued by the University (e.g., cannot purchase awards back).
Equity: The University is committed to equity in the provision of all permissible institutional services under this policy. Student-athletes are entitled to compensation for NIL activities only from noninstitutional entities and not from the University. The University is not responsible for monitoring, overseeing or enforcing equity compliance in opportunities, compensation or other consideration provided by noninstitutional entities for NIL activities.
Employment Status: While University student-athletes may be employed by the University in a job on campus, student-athletes are not considered employees of the University based solely on their status as student-athletes. Receipt of athletics financial aid, a signed National Letter of Intent or scholarship agreement with the University do not give the student-athlete employee status. A student-athlete’s receipt of NIL compensation from a noninstitutional entity does not alter the non-employee status of the student-athlete as set forth herein.
Withholding, Tax & Other Obligations: Student-athletes are responsible for all tax, withholding, reporting, licenses, permissions, permits, expenses, fees and any other obligations, liabilities or costs associated with NIL Activity.
Disclaimer: The University shall have no liability to any student-athlete, noninstitutional entity, professional service provider, vendor, contractor, or agent as a result of a student-athlete’s participation in NIL activities.
Enforcement
Violations of this policy may result in appropriate disciplinary measures in accordance with state law, federal law, University policies, procedures and/or codes of conduct and may result in NCAA sanctions up to and including permanent ineligibility to participate in college athletics. In addition, violations of this policy may result in cancellation of athletics financial aid if a student athlete is deemed ineligible to participate in competition.Additional Resources
• NCAA NIL Policy Takeaways• NCAA NIL Policy Q&A
• NCAA Quick Guide To New Policy