LSDBi
Division I Proposal - 2025-12
NAME, IMAGE AND LIKENESS ACTIVITIES -- IMPLEMENTATION OF HOUSE V. NCAA SETTLEMENT
Status: Adopted Final
Intent: To implement the provisions of the House settlement related to Bylaw 22, as specified.
Bylaws: Amend 22, as follows:
22 Name, Image and Likeness Activities
22.01 General Principles.
22.01.1 Name, Image and Likeness Compensation. An individual may receive compensation for the use of the individual’s name, image and likeness, which may be secured or compensated based, in whole or in part, on athletics skill or reputation. Name, image and likeness activities may not be used to compensate a student-athlete an individual for athletics participation or achievement.
22.01.2 Offers and Inducements. Name, image and likeness activities may not be used as an inducement for an individual to enroll or remain enrolled at a specific institution.
22.02 Definitions and Applications.
22.02.1 Associated Entity. An associated entity is:
(a) An entity that is or was known (or should have been known) to an institution’s athletics department staff to exist, in significant part, for the purpose of promoting or supporting the institution’s intercollegiate athletics program or student-athletes; and/or creating or identifying name, image and likeness opportunities solely for the institution’s student-athletes;
(b) An entity that has been directed or requested by an institution’s athletics department staff to assist in the recruitment or retention of student-athletes or prospective student-athletes, or otherwise has assisted in the recruitment or retention of student-athletes or prospective student-athletes; or
(c) An entity owned, controlled, or operated by, or otherwise affiliated with an associated individual or an associated entity defined in (a) or (b) above, other than a publicly traded corporation.
22.02.2 Associated Individual. An associated individual is:
(a) An individual who is or was a member, employee, director, officer, owner, or agent of an associated entity;
(b) An individual who directly or indirectly (including contributions by an affiliated entity or family member) has contributed more than $50,000 during the individual’s lifetime to an institution or to an associated entity defined in 22.02.1-(a); or
(c) An individual who has been directed or requested by an institution’s athletics department staff to assist in the recruitment or retention of student-athletes or prospective student-athletes, or otherwise has assisted in the recruitment or retention of student-athletes or prospective student-athletes.
22.02.13 Name, Image and Likeness Activity. Name, image and likeness activity is any activity that involves the commercial use of an individual’s name, image or likeness or appearance to advertise or endorse the sale or use of a commercial product or service. Name, image and likeness activity is also any activity that involves the use of an individual’s name, image, likeness or appearance to support noncommercial (e.g., charitable, educational, nonprofit) entities or endeavors, or in activities considered incidental to the individual’s participation in intercollegiate athletics. Name, image and likeness compensation must:
(a) Include quid pro quo (e.g., compensation for work performed);
(b) Not be contingent upon initial or continued enrollment at a particular institution (see Bylaw 22.01.2); and
(c) Not be in return for athletics participation or achievement.
22.1 Role of Institutions in Student-Athlete Name, Image and Likeness Activities.
22.1.1 Institutional Involvement in Student-Athlete Name, Image and Likeness Opportunities Activities. An institution may provide assistance and services (e.g., identify specific name, image and likeness opportunities, facilitate deals between student-athletes and third parties) to a student-athlete pursuing name, image and likeness opportunities, provided An institution or an entity owned, controlled, funded or operated by the institution may:
(a) Enter into a written license and/or endorsement agreement for the use of a student-athlete’s name, image or likeness, or other rights, other than a license or agreement that authorizes payment for the right to use a student-athlete’s name, image or likeness for a broadcast of collegiate athletic games or competitive athletic events, for a period not to exceed the student-athlete’s period of eligibility (see Bylaw 12.6). However, if an institution and a student-athlete agree to the institution’s use of the student-athlete’s name, image or likeness to promote its academic or athletics program in content created while the student-athlete is enrolled, the institution may, pursuant to the agreement, continue the use of such content after the student-athlete’s eligibility has expired; and
(b) Act as a marketing agent for a student-athlete with respect to noninstitutional name, image or likeness contracts. A parent, guardian, lawyer, or other competent representative may assist the student-athlete in discussions regarding entering into an exclusive or nonexclusive license or endorsement agreement, unless the student-athlete waives in writing the assistance of a parent, guardian, lawyer, or other competent representative.
(a) The student-athlete does not receive compensation from the institution for use of the student-athlete’s name, image or likeness (e.g., indirect or direct payment from the institution for use of name, image or likeness);
(b) The student-athlete maintains independent authority over the name, image and likeness agreement (e.g., student-athlete determines specific terms, has final decision in accepting or rejecting name, image and likeness agreements); and
(c) The student-athlete is not required to accept institutional assistance or services (e.g., assistance and services are optional, outside representation may be used).
22.1.1.1 Third-Party Service Providers. An institution may contract with third-party service providers (e.g., multimedia rights holder, attorney, tax service, name, image and likeness marketplace) to provide a student-athlete the same support an institution is permitted to provide to a student-athlete.
22.1.2 Noninstitutional Name, Image and Likeness Activities. An individual may permit the use of the individual’s name, image, likeness in noninstitutional name, image and likeness activities and receive compensation for such activities.
22.1.3 Involvement of Associated Entities or Individuals in Student-Athlete Name, Image and Likeness Activities. An associated entity or individual shall not enter into an agreement with or provide payment to a prospective student-athlete or student-athlete unless the agreement or payment terms, as determined by the name, image and likeness clearinghouse, are for a valid business purpose related to the promotion or endorsement of goods or services provided to the general public for profit, with compensation at rates and terms commensurate with compensation paid to similarly situated individuals with comparable name, image and likeness value who are not prospective student-athletes or student-athletes of the institution.
22.2 Disclosure Reporting and Clearinghouse Review of Name, Image and Likeness Activities.
22.2.1 Disclosure of Reporting of Institutional Student-Athlete Name, Image and Likeness Activities. An institution must provide a student-athlete an opportunity to disclose name, image and likeness activities to the institution consistent with the provisions of Bylaw 22.2 An institution shall report institutional name, image and likeness payments through the benefits cap management system (see Bylaw 16.13).
22.2.1.1 Receipt of Institutional Assistance and Services. An institution may provide assistance and services to a student-athlete who elects to disclose name, image and likeness activities consistent with institutional policies and procedures. A student-athlete who elects not to disclose name, image and likeness activities shall not receive such institutional assistance and services.
22.2.1.2 Name, Image and Likeness Attestation. A student-athlete who elects to disclose name, image and likeness activities must attest that:
(a) All disclosed information is and will be complete and accurate;
(b) The disclosed activities are and will be consistent with institutional and conference policy, NCAA rules and any applicable state or federal law;
(c) Pay or promise of pay related to the disclosed activities are not and will not be a substitute for payment for athletics participation or achievement or an inducement to enroll or remain enrolled at a specific institution; and
(d) Acknowledgement that failure to disclose or fraudulent disclosure may constitute impermissible unethical conduct (see Bylaw 10.1).
22.2.2 Institutional Policies. An institution shall establish policies for student-athlete disclosure of name, image and likeness activities consistent with Bylaw 22.2 and its subsections.
22.2.3 Name, Image and Likeness Disclosure. A student-athlete who elects to disclose name, image and likeness activities must provide such disclosures not later than 30 days after entering into or signing an agreement. Upon initial enrollment at the certifying institution, a student-athlete who elects to disclose name, image and likeness activities must provide the institution all current and expired name, image and likeness activities not later than 30 days after enrollment.
22.2.3.1 Required Elements of Name, Image and Likeness Disclosure. Disclosure of a student-athlete’s name, image and likeness activities shall include the following:
(a) Names and contact information of individuals involved in the activity, including a description of the nature of the relationship between such individuals;
(b) Terms of the arrangement, including a description of services rendered, rights granted, term duration, compensation and payment structure (e.g., cash, barter, deferred);
(c) Names and contact information of professional service providers involved in the arranging, negotiating, or securing the disclosed activity, including a description of the nature of the relationship between the service provider and individuals involved in the activity; and
(d) Terms of compensation between the professional service provider and the student-athlete (e.g., agent contingency fee).
22.2.3.2 Reasonable Time to Cure Failure to Disclose. If an institution discovers that a student-athlete who elected to disclose name, image and likeness activities failed to meet the requirements of Bylaw 22.2.3 and its subsections, the institution may provide the student-athlete a reasonable amount of time to disclose the name, image and likeness activity.
22.2.3.3 Limited Disclosure. Unless otherwise noted, a student-athlete shall not be required to disclose name, image and likeness activities valued at less than $600. A student-athlete must disclose name, image and likeness activities involving the same (or substantially the same) parties if the aggregate value of the activities is equal to or greater than $600.
22.2.3.4 Effect of Violation. As it relates to compliance with institutional policies consistent with Bylaw 22.2 or its subsections, an institution shall only be held accountable through the NCAA infractions process for actions that clearly demonstrate a disregard for its stated policies.
22.2.3.5 Reporting of Disclosed Information. Aggregated information related to name, image and likeness activities disclosed to an institution shall be reported to the NCAA national office on a biannual basis. An institution shall make disclosed information available for examination on request by an NCAA staff member or an authorized representative of the NCAA.
22.2.3.5.1 Publication of Aggregate Name, Image and Likeness Data. The NCAA national office shall make available an aggregated database of disclosed name, image and likeness information.
22.2.2 Reporting of Noninstitutional Name, Image and Likeness Activities. A student-athlete shall report all noninstitutional name, image and likeness contracts or payment terms, including those involving associated entities or individuals, with a total value of $600 or more to the designated name, image and likeness clearinghouse for review. If an individual enters into multiple agreements or receives multiple payments from the same or substantially the same third party, including any affiliates or parties with common ownership, such activities must be reported if the aggregate value is $600 or more during the student-athlete’s period of eligibility.
22.2.2.1 Documentation. Written documentation of the name, image and likeness contract or payment terms with clear evidence of agreement to the contract or payment terms from the student-athlete and noninstitutional payor must be submitted to the name, image and likeness clearinghouse.
22.2.2.2 Timing of Reporting. A student-athlete shall submit written documentation to the name, image and likeness clearinghouse within five business days of execution of a noninstitutional name, image or likeness contract or agreement to payment terms.
22.2.2.3 Attestation. Upon registration with the NIL clearinghouse, current and incoming student-athletes shall attest that all noninstitutional name, image and likeness contracts or payment terms subject to Bylaw 22.2.2 will be reported to the NIL clearinghouse. A student-athlete shall attest to the following when disclosing noninstitutional name, image and likeness contracts or payments to the name, image and likeness clearinghouse:
(a) The name, image and likeness contract or payment terms as submitted is accurate and complete;
(b) Student-athlete obligations and noninstitutional payments details are included in the written documentation;
(c) The written documentation of the actual name, image and likeness contract or payment terms has been uploaded; and
(d) Student-athlete obligations will be or are intended to be performed during the annual reporting period.
22.2.2.4 Student-Athlete Responsibility. A student-athlete shall be responsible for the accurate submission of noninstitutional name, image and likeness contract or payment terms, including any enforcement action resulting from the submission of a noninstitutional contract or payment terms of a name, image and likeness agreement involving an associated entity or individual that does not meet the standard of review specified in Bylaw 22.2.4.
22.2.3 Noninstitutional Payor Attestation. After a student-athlete submits a noninstitutional contract or payment terms to the name, image and likeness clearinghouse, the noninstitutional payor shall attest to the following:
(a) Whether the noninstitutional payor meets the definition of an associated entity or individual;
(b) The accuracy and completeness of the name, image and likeness contract or payment terms as submitted by the student-athlete;
(c) That the noninstitutional payor was not directed by an institution to enter into the contract or payment terms with the student-athlete; and
(d) That the noninstitutional payor has self-funded the payment to the student-athlete.
22.2.3.1 Institutional Responsibility. An institution shall be responsible for disclosing all associated entities or individuals associated with the institution to the NIL clearinghouse. If a noninstitutional payor cannot be verified as associated, then the institution shall be responsible for making such a verification.
22.2.4 Name, Image and Likeness Clearinghouse Review – Agreements With Associated Entities or Individuals. The name, image and likeness clearinghouse shall review all reported noninstitutional name, image and likeness contracts or payment terms submitted by student-athletes once all reporting requirements have been met (see Bylaw 22.2.2) to determine whether an associated entity or individual, including a noninstitutional payor, is involved. If an associated entity or individual is involved, the NIL clearinghouse shall determine whether the contract or payment terms are for a valid business purpose related to the promotion or endorsement of goods or services provided to the general public for profit, with compensation at rates and terms commensurate with compensation paid to similarly situated individuals with comparable name, image and likeness value who are not prospective student-athletes or student-athletes of the institution.
22.3 Professional Service Providers.
[22.3.1 unchanged.]
22.3.2 Professional Service Provider Registry. The NCAA national office shall make available a centralized registry of professional service providers who provide or are seeking to provide services to student-athletes in a manner approved by the Board of Directors, or an entity designated by the Board.
22.4 Education.
22.4.1 Name, Image and Likeness Education. The NCAA national office shall make available comprehensive education regarding name, image and likeness activities in a manner approved by the Board of Directors, or an entity designated by the Board. Such education shall include the provision of standardized contract terms for use in name, image and likeness agreements.
22.4 Use of Commercial Trademarks or Logos on Equipment, Uniforms and Apparel. A student-athlete may use athletics equipment or wear athletics apparel that bears the trademark or logo of an athletics equipment or apparel manufacturer or distributor in athletics competition and pre- and postgame activities (e.g., celebrations on the court, pre- or postgame press conferences), provided the following criteria are met. [D]
(a) Athletics equipment (e.g., shoes, helmets, baseball bats and gloves, batting or golf gloves, hockey and lacrosse sticks, goggles and skis) shall bear only the manufacturer's normal label or trademark, as it is used on all such items for sale to the general public; and
(b) The student-athlete's institution's official uniform (including numbered racing bibs and warm-ups) and all other items of apparel (e.g., socks, head bands, T-shirts, wrist bands, visors or hats, swim caps and towels) shall bear only a single manufacturer's or distributor's normal label or trademark (regardless of the visibility of the label or trademark), not to exceed 2-1/4 square inches in area (rectangle, square, parallelogram) including any additional material (e.g., patch) surrounding the normal trademark or logo. The student-athlete's institution's official uniform and all other items of apparel shall not bear a design element similar to the manufacturer's trademark/logo that is in addition to another trademark/logo that is contrary to the size restriction.
22.4.1 Laundry Label. If an institution's uniform or any item of apparel worn by a student-athlete in competition contains washing instructions on the outside of the apparel on a patch that also includes the manufacturer's or distributor's logo or trademark, the entire patch must be contained within a four-sided geometrical figure (rectangle, square, parallelogram) that does not exceed 2-1/4 square inches. [D]
22.4.2 Pre- or Postgame Activities. The restriction on the size of a manufacturer's or distributor's logo is applicable to all apparel worn by student-athletes during the conduct of the institution's competition, which includes any pre- or postgame activities (e.g., postgame celebrations on the court, pre- or postgame press conferences) involving student-athletes. [D]
22.4.3 Outside Team Uniforms and Apparel. The provisions of Bylaw 12.5.4-(b) do not apply to the official uniforms and apparel worn by outside teams.
22.4.4 Title-Sponsor Recognition. Racing bibs and similar competition identification materials (e.g., bowl-game patches) worn by participants may include the name of the corporate sponsor of the competition, provided the involved commercial company is the sole title sponsor of the competition. [D]
Source: NCAA Division I Board of Directors
Effective Date:July 1, 2025; any contracts or payment terms for a third-party’s use of a student-athlete’s NIL executed on or after the day of final settlement approval, and agreements executed before the settlement approval date with payments to be made on or after July 1 are subject to the applicable reporting requirements and name, image and likeness clearinghouse review, as specified.
Proposal Category: Amendment
Topical Area: Name, Image and Likeness Activities
Rationale: This proposal would implement the necessary changes to Bylaw 22 to effectuate the application of the settlement of the House, Hubbard and Carter cases. It would also implement editorial changes.
Estimated Budget Impact: TBD
Impact on Student-Athlete's Time (Academic and/or Athletics): None.
History
| Apr 21, 2025: | Adopted by Board | Adopted as emergency legislation contingent on approval of the House settlement. |
| Jun 6, 2025: | Adopted Final | Adopted final based on the approval of the House settlement. |
Legislative References