University of Vermont Athletics

 

Interim Name Image and Likeness Guidelines for Student-Athletes
Effective July 1, 2021
 
Permissible Activities – It is permissible for currently enrolled UVM student-athletes to benefit from the use of their name, image and likeness (NIL), so long as the compensation received is commensurate with the market and does not violate any NCAA or UVM policy. Compensation may be in the form of cash, product, or receipt of other benefits.  Subject to the restricted categories list below, examples of permissible activities include:

1. Personal business activities.
2. Advertising, promotion, endorsement and/or sponsorship of products and services.
3. Camps, clinics, or private instruction.
4. Autographs, Cameos or other personal memorabilia.
5. Personal appearances.  
6. Social media activity.

This is not an exhaustive list.  Questions should be directed to Will Lanier, Assistant Athletic Director for Compliance (Will.Lanier@uvm.edu).
 
Impermissible Activities – The following activities are considered violations of UVM Athletics policies, and/or NCAA rules governing pay for play, recruiting inducements, or extra benefits:

1. NIL compensation for work or services not performed.
2. NIL compensation provided or offered that is contingent on initial or continued enrollment at UVM.
3. NIL compensation contingent on specific athletic performance or achievement (e.g. financial incentives based on points scored). It is understood that athletic performance may enhance a student-athlete's NIL value, but athletic performance may not be the "consideration" for NIL compensation.
4. NIL compensation arranged or facilitated in any way by a UVM employee, regardless of whether the employee is a member of the Department of Athletics.  For purposes of these guidelines, volunteer coaches are considered UVM employees. Furthermore, UVM employees may not serve as advisors to student athletes when considering the merit of any NIL opportunity.  Student Athletes should consult with their personal business or legal advisors.
5. Activities that would be considered a violation of the UVM Student-Athlete Code – Section III, O --  Conduct Unbecoming of a Student-Athlete. 
6. Use of NIL to promote, endorse or benefit from businesses, companies, products, or services that conflict with existing UVM Athletics sponsorship obligations. Note: Questions about potential conflicts should be directed to Will Lanier, Assistant Athletic Director for Compliance (Will.Lanier@uvm.edu).

 
Restricted Categories -- The following categories of products and services are restricted. It is impermissible for UVM student-athletes to use their NIL to promote, sponsor or endorse entities, services or products in these areas:

1. Gambling
2. Alcohol, tobacco or other substances banned by the NCAA or the UVM Student-Athlete Code of Conduct.
3. Adult entertainment
4. Weapons

 
Obligation to Disclose – Prior to entering into any NIL agreement, student-athletes are required to disclose their activities by completing an NIL form in Arms (link) prior to engaging in the activity. This applies to written or verbal agreements, as well as fee for service work.  UVM Athletics will review all submissions for compliance with these Guidelines, but in no way should be considered a substitute for legal or business advice from a qualified and independently sourced advisor.  Failure to disclose activities in a timely manner may be considered a violation of the Student Athlete Code of Conduct.  Additionally, where activities are not properly disclosed, student athletes face a greater risk of running afoul of both UVM policy and NCAA rules should the activities be impermissible.
 
Additional Considerations

• Student-athletes may not use institutional marks, logos or other intellectual property, such as photographs or video, without receiving prior permission.  Requests will not be granted in instances where the use of marks and logos would imply endorsement or sponsorship of the activity by the University.  The presence of marks on a team uniform will not generally be considered as implying endorsement or sponsorship.  Permission may be sought by contacting Krista Balogh, Associate Director of Athletics (Krista.Balogh@uvm.edu.
• NIL activities may have a negative impact on the visa status of international student-athletes.  Student athletes in the US on a visa are strongly encouraged to seek guidance from UVM's Office of International Education prior to entering into any NIL arrangement in order to avoid violating the terms of a student visa.  
• Student-athletes may use a professional service provider (i.e. an agent) for activities related to NIL, but should be cognizant of NCAA agent legislation limiting the scope of representation.
• Student-athletes are not permitted to use UVM facilities as part of any NIL agreement without advance permission. All requests should be directed to Will Lanier, Assistant Athletic Director for Compliance (Will.Lanier@uvm.edu). If permission is granted, student-athletes will be required to abide by all facility use policies, including payment of rental fees.

 
Given that these guidelines are part of a new and evolving area of NCAA compliance, they are subject to change. Please contact Assistant Athletic Director Will Lanier (Will.Lanier@uvm.edu) with any questions.