The NCAA will soon allow college athletes to earn money by using their name, image, and likeness (“NIL”). As of May 2020, specific guidelines have not been adopted, but student athletes will be able to receive compensation for third-party endorsements, so long as the athletes do not use school uniforms or logos. Most likely, businesses will be permitted to pay athletes for the promotion of products and services. The promotions may take the form of advertisements in various mediums, including commercials, billboards, and social media posts. Businesses could also hire athletes to sign autographs with the goal of increasing store traffic.
College athletes and businesses should strongly consider seeking legal help to properly document all aspects of any business relationship. Contracts between college athletes and businesses will govern, among other things, the nature and scope of the services provided by the athletes, when and how the athletes will be paid, and what happens if the contract is breached. Proper documentation will also aid athletes and businesses in proving compliance with all NCAA and state or federal regulations and guidelines that will govern business transactions involving NIL.
Joel Ewusiak has extensive experience litigating and arbitrating contract disputes. As a consequence, Joel is familiar with terms and conditions that can protect the parties and help resolve disputes, if the business relationship sours. If you are a college athlete or business seeking to enter into an endorsement contract for marketing, advertising, or other services, please contact Joel for legal assistance. Under proposed legislation in the state of Florida, Joel, a licensed attorney for over 18 years, would be authorized to provide professional representation to student athletes seeking compensation for use of their name, image, or likeness:
A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics may not prevent a student athlete in this state from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by an athlete agent or legal representation provided by an attorney.
Professional representation obtained by a student athlete must be from persons licensed by the state. Notwithstanding s. 468.453(3), an athlete agent representing a student athlete for purposes of earning compensation as a result of the use of the student's name, image, or likeness must be licensed under part IX of chapter 468. An attorney representing a student athlete for purposes of earning compensation as a result of the use of the student's name, image, or likeness must be licensed to practice in the state.