Student-Athlete Name, Image, Likeness Rights and Athletic Reputation Policy

Op6.09 Student-Athlete Name, Image, Likeness Rights and Athletic Reputation Policy

Consistent with Missouri State law and NCAA Policy, Missouri State University (“University”) adopts the following Student Athlete Name, Image, Likeness Rights and Athletic Reputation Policy (“Policy”). Subject to the terms set forth below and consistent with this Policy, University Student Athletes, may: receive compensation for the use of the Student Athletes, name, image, likeness rights, or athletic reputation, obtain professional representation, and still maintain eligibility under the University’s intercollegiate sports program.

I. Definitions

As used in this Policy, the following terms have the following meaning:

Institutional marketing associate – the University’s designated and contracted third-party intercollegiate athletic sports marketing and promotion company.  

Professional Representation -- representation in relation to contracts or legal matters, including but not limited to, representation provided by licensed athlete agents, financial advisors, or legal representation provided by attorneys.

Student Athlete – an individual who: is eligible to participate in, participates in, or has participated in a University intercollegiate sport. Student Athlete does not include participants in University intramural, club, or professional sports outside of the University’s intercollegiate athletics program.

Third Party – any individual or entity, including, but not limited to, any athlete agent, institutional marketing associate, or attorney. Third Party does not include any postsecondary educational institution, athletic conference, or athletic association.

University Trademarks – means the name of the University as utilized by the University for intercollegiate athletics as well as all seals, logos, emblems, mottos, special symbols, colors, images, and other official University indicia of its intercollegiate sports program(s).

II. Effect of Compensation/Professional Representation Under this Policy

Consistent with University athletic policies, a Student Athlete who: i) receives compensation from a third party pursuant to an agreement for the use of the Student Athlete’s name, image, likeness rights, or athletic reputation, or ii) obtains professional representation in relation to legal matters, consistent with this policy will:

• Be able to fully participate in the University’s intercollegiate athletic program.
• Not receive any revocation or reduction in the University’s grant-in-aid or stipend eligibility, amount, duration, or renewal.

III. Disclosure of Third-Party Agreements and Review by University

Before any agreement subject to this Policy is signed and before any compensation is provided to the Student Athlete, the Student Athlete must disclose that contract to the University through a university accepted platform (e.g. Opendorse or Influencer).

Following receipt of an Agreement, the University’s Assistant Athletics Director for Compliance, or designee, will review the agreement for consistency with: i) this Policy, ii) other University agreements, and iii) NCAA and Conference rules. The University will respond to the Student Athlete’s request for review within five (5) business days following disclosure. For the avoidance of doubt, the University’s review of any agreements will not address the financial / legal advisability of the terms of the agreement. Under Missouri Revised Statute §173.280.6(2), the terms of Student Athlete NIL contracts, and related information provided under this Policy, are deemed closed records.  Additionally, all information submitted pursuant to this Policy, including any proposed agreements submitted, will be retained as a part of the Student Athlete’s education record and subject to protection under the Family Educational Rights and Privacy Act (FERPA), and corresponding university policy.

Executed NIL agreements with a total value of six hundred dollars ($600) or more should be disclosed to the NCAA, by the Student-Athlete via the NCAA’s designated method. 

IV. University Provided Financial Development Program

The University will offer workshops twice (2) a calendar year for Student Athletes on topics such as financial literacy, life skills, time management, and entrepreneurship (“Workshops”) . The Workshops will not include any marketing, advertising, referral, or solicitation for financial products or services.

V. Prohibited Activities under this Policy

This Policy does not allow (and the University will not approve any Agreement that includes):

• Direct compensation solely for a Student Athlete’s participation in University intercollegiate athletics, or a Student Athlete’s achievement in University intercollegiate athletics.
• agreements used by the University, or any third-party, as wholly contingent on enrollment, maintained enrollment, or transferred enrollment at a particular post-secondary school (including University).
• any University officer, director, or employee to personally receive compensation in connection with a Student Athlete’s use of their name, image, likeness rights, or athletic reputation.
• a Student Athlete to enter into any agreement to compensate for a Student Athlete’s name, image, likeness rights or athletic representation while actively participating in team Required Athletically Related Activities, as maintained by the University’s Athletic Department.
• a Student Athlete to enter into a any agreement to compensate a Student Athlete for the use of their name, image, likeness rights, or athletic representation that conflicts with a current contract between the University and another party.
• a Student Athlete to utilize, without a separate agreement with the university or applicable institutional marketing associate, any University Trademark in connection with a contract for compensation for the use of the Student Athlete’s name, image, likeness rights or athletic representation.
• a Student Athlete to communicate in connection with a contract for compensation for the use of the Student Athlete’s name, image, likeness rights or athletic representation that the University endorses, supports, or uses a third-party product or service.

University is obligated to report and respond to any prohibited activity relating to this Policy consistent with NCAA Bylaws, Conference rules, and University policies. Violations of this Policy may result in Student Athlete discipline, including but not limited to dismissal from intercollege athletics or, in the case of University employees, termination.