1. What is an NIL activity?
NIL stands for “Name, Image, and Likeness”. An NIL activity involves the use of a student-athlete’s name, image, or likeness for promotional purposes by a third-party not associated with UW.
2. What are some examples of NIL activities?
- Social media influencing and other promotions
- Personal appearances at businesses, conferences, camps, parties
- TV ads, radio ads, print ads
- Endorsements of a third-party
- Student-athlete-run camps and private lessons
- Sale of student-athlete owned apparel and personal items
- Student-athlete run businesses
3. Who can partner with student-athletes on NIL activities?
Local and national companies, UW donors, UW alumni, and former student-athletes may compensate and partner with UW student-athletes for NIL activities. UW staff members may not compensate student-athletes for NIL activities.
4. Can a UW donor or alumni compensate a student-athlete for the use of their NIL?
Yes, if the agreement is not contingent on enrollment at UW and is not pay-for-performance. Normal extra benefit rules and preferential treatment rules continue to apply to non-NIL related activities.
5. Can a student-athlete be paid for autographs?
Yes, autographs are a permissible form of NIL activity.
6. Can a student-athlete be paid for personal appearances?
Yes, student-athletes can be paid for personal appearances at commercial establishments, restaurants, business conferences, and other events.
7. What are the NCAA rules regarding NIL?
Generally, all NIL activities are permitted unless:
- The NIL agreement is without quid pro quo (e.g., compensation for work not performed)
- The NIL compensation is contingent upon enrollment at a particular school
- The compensation is based on athletic participation or achievement
- Institutions provide compensation in exchange for the use of a student-athlete’s NIL.
NCAA rules also require student-athletes to follow their state law or institutional policy if there is no existing state law governing NIL activities. In Washington State, student-athletes are only bound by the UW NIL Policy.
8. Can a student-athlete participate in NIL activity during a practice or competition?
Student-athletes may engage at NIL activities at any time except while participating in required team-related activities, ICA-related activities, and UW functions.
9. Can UW facilities be used for NIL activities?
Like all UW students, student-athletes must follow the University Use policy for NIL Activities that take place in the UW footprint. Student-athletes may rent UW or ICA facilities for educational purposes, camps, clinics, or other private athletics lessons in accordance with the UW facility rental policies.
Marks and Logos
1. Can a student-athlete use UW IP or marks in their NIL activities?
Yes, if the use of marks is approved by the University of Washington Marketing and Communications Office. All requests and intended use of marks must be submitted to UW before the NIL activity takes place for their review.
2. Can a student-athlete reference being a student-athlete at UW during their NIL activities?
Yes, when no other UW marks are used or referenced in the NIL activity.
1. Do student-athletes have to disclose their NIL activity?
Yes. UW has an internal disclosure form that allows student-athletes to disclose intended activity to the UW Compliance Office. This form is also used by the student-athlete to request the use of UW IP and marks.
2. What information do student-athletes disclose related to the NIL activity?
The disclosure form requires student-athletes to disclose information related to the type of activity, the timing of the activity, the third-party partner, the value of the compensation and any requests of UW marks, among other items.
3. When should student-athletes disclose NIL activity?
If the activity is valued at $100 or less and the student-athlete does not intend to use UW marks in the NIL activity, the disclosure form may be completed within 7 business days of completing the activity. Disclosure forms for all activities valued over $100 or that request the use of UW marks should be submitted 7 business days prior to the activity taking place.
4. Will information on the disclosure form be shared?
The information on the NIL disclosure forms will only be shared internally at UW for the purposes of making eligibility determinations and reviewing the requested use of UW marks.
Professional Service Providers & Agents
1. Can a student-athlete use professional service providers in connection with NIL activities?
2. Who is considered a professional service provider?
A professional service provider is an individual who provides services to a current or prospective student-athlete regarding NIL that includes, but is not limited to, agents, tax advisors, marketing consultants, attorneys or anyone who is employed or associated with such persons.
3. Can a UW donor provide professional services to a student-athlete or prospective student-athlete in connection with NIL activities?
Yes; however, extra benefits legislation continues to apply and the student-athletes and recruits would need to pay the going rate for such services.
1. Can international student-athletes studying in the US on an F-1 visa partake in NIL Activities?
International student-athletes studying at UW should receive specific guidance from UW International Student Services Office (ISS) prior to entering into any NIL agreements to protect themselves from any negative impacts on their status in the US.
2. Can high school recruits participate in NIL activities?
Prospective student-athletes may engage in the same types of NIL opportunities available to current student-athletes under the interim NIL policy without impacting their NCAA eligibility. NIL opportunities may not be used as a recruiting inducement or as a substitute for pay-for-play. Arrangement of an NIL deal by a UW donor that is contingent upon the recruit’s enrollment at UW would be a violation of the recruiting inducement rules.