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NIL Policy 2024

 


POINT UNIVERSITY STUDENT-ATHLETE NAME, IMAGE, AND LIKENESS (NIL) POLICY

 

Purpose:

In accordance with Georgia law (GA HB 617), student-athletes are permitted to earn compensation for the use of their Name, Image, or Likeness (NIL). This NIL policy, effective July 1, 2024, describes the obligations and limitations adopted by Point University (“University”), consistent with state law. This policy is subject to change as a result of new laws and/or regulations, experience, new information, changes in process requirements, and the availability of resources.

Eligibility:

Student-athletes participating in intercollegiate sports at the University have the right to earn compensation for the use of their NILs. Compensation must be commensurate with the market value of the student-athlete’s NIL.

The University is not responsible for providing NIL opportunities for any student-athlete.

Submission of Representation Agreements to the University:

At least seven (7) days before entering a representation agreement for purposes of exploring or securing compensation for use of the student-athlete’s NIL, the student-athlete must provide written notice to the University’s Athletic Director.

An individual representing a student-athlete for purposes of exploring or securing compensation for the student-athlete’s NIL, shall be registered as an athlete agent with the State, in accordance with State law, or be a licensed attorney and member in good standing of the Georgia State Bar.

Submission of Compensation Agreements to the University:

Before any contract for compensation for the use of a student-athlete’s NIL is executed, and before any compensation is provided to the student-athlete in advance of such a contract, the student-athlete must disclose the contract to the University and obtain approval of the University’s Athletic Director. Student-athletes seeking approval of such contracts must submit them for approval at least four (4) business days before contract execution to their head coach who will then submit the contract to the Athletic Director. The Athletic Director will approve or deny the NIL opportunity within five (5) business days of receiving the contract. Failure to timely submit the contract for review may, at the discretion of the Athletic Director, result in the opportunity of being denied. Failure to disclose the NIL opportunity as set forth herein is grounds for discipline of the student-athlete.

Limitations and Restrictions on NIL:

  • Student-athletes may not enter into an endorsement contract with, or otherwise receive compensation from, any of the following categories of brands or companies: alcoholic beverage; tobacco or alternative nicotine product or delivery system; casinos or other entities promoting gambling; sellers of controlled substances including but not limited to marijuana; adult entertainment; or any entity or individual that, in the reasonable and good faith judgment of the University, is not consistent with or negatively impacts or reflects adversely on the University and its mission.
  • University student-athletes may only wear approved University gear or uniforms while representing the University in practice, competition, or an institutionally sponsored event.
  • Student-athletes may only wear and/or use University or Athletic Department logos, designs, colors, numbers, or uniforms in connection with their NIL agreement(s) if prior written consent granting specific rights has been approved by the University’s Athletic Director. If permission is granted, the University, by agreement of all parties, may be compensated for the use in a manner consistent with market rates or prior practice.
  • Except with prior written consent of the University’s Athletic Director, student-athletes may not enter into a NIL contract if the University determines, in its sole discretion, that a term of the contract conflicts with a term of a contract held by the University.
  • A student-athlete’s NIL agreement obligations cannot conflict with their academic or team-related activities, such as class time and assignments or practice and game times.
  • Compensation for the use of a University student-athlete’s NIL may not be conditioned on athletic performance or attendance at the University.
  • University student-athletes who receive compensation for the use of their NILs are prohibited from using University facilities in the course of fulfilling the terms of their contract(s) without prior written consent and the fulfillment of standard facility rental requirements, including the provision of waivers and insurance.
  • A contract for the use of a student-athlete’s NIL that is formed while the student-athlete is participating in an intercollegiate sport at the University may not extend beyond the student-athlete’s participation in an athletic program at the University.
  • The University may not revoke or reduce a scholarship awarded to a University student as a result of the receipt of compensation by the student-athlete for use of his/her NIL or as a result of the student-athlete obtaining professional NIL representation.
  • Compensation for the use of a student-athlete’s NIL may be provided only by a third party not owned or operating under the authority of the University. Neither the University nor any employee of the University may compensate or cause compensation to be directed to a student-athlete or the family of a student-athlete for use of the student-athlete’s NIL.
  • International student-athletes should seek guidance in relation to prospective NIL agreements as receipt of compensation may affect their immigration status.
  • All taxes related to compensation under an NIL agreement are the responsibility of the student-athlete.

Education:

The University will conduct financial literacy and life skills programming for its student-athletes. At minimum, the programming will include information concerning financial aid and debt management, as well as recommended model budgets for student-athletes based on that academic year’s estimated cost of attendance and the various scholarship statuses of student-athletes at the University. The programming will also include information on time management skills necessary for success as a student-athlete and on available academic resources. The programming will not include any marketing, advertising, referral, or solicitation by providers of financial products or services.

The University is not obligated to provide any tax guidance or financial safeguards to student-athletes outside of the programming required by law.

Enforcement:

The University is required to investigate potential violations of state NIL law and, if it determines a violation has occurred, the University shall, within fourteen (14) days, report the matter to the Georgia Athlete Agents Commission.

If any officer or employee of the University, any athlete agent, any licensed attorney, or any student-athlete witnesses a potential violation of state NIL law or the rules adopted by the Georgia Collegiate Athletics Commission pursuant to state NIL law, that person shall report the potential violation to the post-secondary education institution at which the student-athlete at issue participates or participated in intercollegiate sports. If the potential violation involves a Point University student-athlete, report the potential violation to the University’s Athletic Director. If the potential violation involves a student-athlete at a different post-secondary educational institution, report the potential violation to the Director of Athletics at that post-secondary educational institution.

Any student, employee, or faculty member of the University found to have violated this policy may be subject to discipline, up to and including dismissal or termination of employment, as applicable.