Name, Image and Likeness Policy

Union College (the "College") supports student-athletes receiving compensation for the use of their name, image and likeness ("NIL") from sources outside of the College. Student-athletes are responsible for maintaining their eligibility for intercollegiate athletics participation.

This policy is subject to change to reflect the ever-changing NIL environment and the discretion of the Director of Athletics. Decisions related to the enforcement of this NIL policy shall be made by the College's Director of Athletics in his or her sole discretion.

Notice to Student-Athletes:

Student-athletes should be aware that need based financial aid could be impacted based on compensation from NIL. Questions regarding financial aid should be directed to the Union College Financial Aid Office.
International student-athletes should not enter into any NIL agreements without guidance from the College's International Advising Office. Failure to do so may jeopardize your visa status.

Disclosure:

Student-athletes may earn compensation for their NIL in accordance with all applicable laws, rules, and regulations, as well as this policy. Such compensation shall be for Fair Market Value and must be for work actually performed by the student-athlete.
D-I Student-Athletes:
- The College may provide assistance and services to a Student-Athlete who elects to disclose NIL activities consistent with the below policies and procedures. A Student-Athlete who elects not to disclose NIL activities shall not receive such institutional assistance and services (Bylaw 22.2.1.1).
Student-athletes planning to enter into a contract or agreement to use their NIL are encouraged to disclose all NIL activity regardless of value, but are required to disclose any NIL activity valued at $600 or more (Bylaw 22.2.3.3) and all relevant details to the Compliance Office prior to executing any such contract or agreement. A Student-Athlete must also disclose NIL activities involving the same (or substantially the same) parties if the aggregate value of the activities is equal to or greater than $600 (Bylaw 22.2.3.3). Student-Athletes must provide disclosure not later than thirty (30) days after entering into or signing an agreement. (Bylaw 22.2.3)
- In addition to the foregoing, all Division I Student-Athletes must use NIL Go to report third-party NIL deals with compensation that equals or exceeds $600 or more in the aggregate. This must be done on NIL Go within five (5) business days of execution of the NIL contract or otherwise agreement to the contract or payment terms. More information about NIL Go can be found here: https://help.nilgo.com/en/
  - The College Sports Commission will utilize NIL Go to determine whether third-party NIL deals are made with the purpose of using a Student-Athlete’s NIL for a valid business purpose and does not exceed a reasonable range of compensation. If the deal is cleared the Student-Athlete may accept payment and fulfill their obligations.
  - If the deal is not cleared, the Student-Athlete can:
    - Work with the payor and renegotiate the deal and resubmit it;
    - Cancel the deal and refund any money already received; or
    - Appeal to neutral arbitration to obtain a neutral review of the decision. If the Student-Athlete continues with the deal as submitted they may face enforcement consequences, which could include the loss of eligibility.
- Student-Athletes must attest that (Bylaw 22.2.1.2):
  - All disclosed information is and will be complete and accurate;
  - The disclosed activities are and will be consistent with institutional and conference policy, NCAA rules, and any applicable state or federal law;
  - 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
  - Acknowledgment that failure to disclose or fraudulent disclosure may constitute impermissible unethical conduct (see Bylaw 10.1).
- Required Elements of NIL Disclosure (Bylaw 22.2.3.1):
  - Names and contact information of individuals involved in the activity (business owners, other student-athletes, etc.), including a description of the nature of the relationship between such individuals;
  - Terms of the arrangement, including a description of services rendered, rights granted, term duration/length of the contract, compensation and payment structure (e.g., cash, barter/trade, deferred benefits);
  - Names and contact information of professional service providers (e.g. agents, attorneys, advisors, etc.) 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
  - Terms of compensation between the professional service provider and the student-athlete (e.g., agent contingency fee).
- Student-Athletes must report all NIL activities through ARMS. Email is not an acceptable reporting method. Mentioning the NIL activity to a coach or athletic administration is also not an acceptable reporting method.
D-III Student-Athletes:
- We encourage disclosure of NIL opportunities for both current student-athletes and prospective student-athletes.
- Disclosure is required if the student-athlete intends to use the College's logos, marks or facilities in the NIL opportunity.
- Disclosure should be made through ARMS using the NIL disclosure forms.
- Prospective student-athletes are encouraged to contact Erin Gehen (gehene@union.edu) regarding disclosure of their NIL activities.

Agents, Advisors and Attorneys:

A student-athlete may obtain professional representation (agent or attorney) for advice, contract representation, and marketing of NIL activities. Name and contact information of any professional service provider involved in arranging, negotiating, or securing the disclosed activity must be included in the disclosure form.
A student-athlete MAY NOT obtain professional representation in securing professional athletic opportunities.
Student-athletes must pay the Fair Market Value for representation services.

Team and College Activities:

NIL opportunities shall not conflict with academic or team related activities. This includes, but is not limited to:
- Organized team practices, lifts, conditioning, competition, team travel, team meals, team meetings, sports medicine activities, athletics community service, athletics media events or any other countable athletic related activities.
- All Academic commitments as established on the College's official schedule.

Institutional Involvement (Administration):

Institutional staff members may not enter into agreements with, or benefit from, a student-athlete's name, image, or likeness activities. This prohibition includes any businesses which the institutional staff member has ownership or control of.

Athletic Representative Involvement (Boosters):
Student-athletes and prospective student-athletes may not receive any compensation for any NIL opportunity that:

Is in excess of its Fair Markey Value;
That is provided for the student-athlete or prospective student-athlete to attend, participate, or perform at Union College; or
That is tied to athletic performance or achievements.

Use of College Logos, Marks and Facilities:
Union College student-athletes may utilize the College's uniforms, nickname, colors, slogans, mascot, images, name, logos and marks in NIL activities so long as all rules are adhered to and the use is approved by the College beforehand. Student-athletes may not use institutional facilities for any name, image, or likeness activities UNLESS the facilities are reserved and utilized in accordance with policies and procedures available to the general student body.

Any proposed use of the College's name, logos, marks, and institutional facilities shall be included in the NIL Disclosure Form in ARMS.

Conflicts with University Contracts:
A student-athlete may not enter into an agreement with a third party that conflicts with any existing University sponsorship agreements.

Prohibited Activities:
Student-athletes are not permitted to enter NIL agreements with prohibited industries.
Prohibited industries include, but are not limited to:

Gambling or sports wagering, and vendors associated with gambling or sports wagering.
Adult entertainment, and vendors associated with adult entertainment.
Any vendors associated with athletic performance enhancing drugs or cannabis, tobacco, smokeless tobacco, vaping, prescription pharmaceuticals, illegal drugs or alcohol.
Firearms and ammunition.
Activities deemed otherwise damaging to the College's reputation will be reviewed by the Vice President for Communications and Marketing. The Vice President for Communications and Marketing shall decide whether the proposed NIL agreement damages the College's reputation at their sole discretion.

Definitions:
Agent - Any individual who, directly or indirectly, represents or attempts to represent an individual for the purpose of marketing his/her athletics ability or reputation for financial gain or seeks to obtain any type of financial gain or benefit from an intercollegiate athlete's potential earnings as a professional athlete.

Athletics Eligibility – A term used to reference whether an intercollegiate athlete is "eligible" to compete for a postsecondary education institution's intercollegiate athletics program.

Attorney - A person appointed to act for another in business or legal matters.

Institutional Staff Member - Is any individual, excluding a student employee, who performs work for the institution or the athletics department, regardless of whether they receive compensation for such work.

Fair Market Value - A rate of compensation to an intercollegiate athlete for the use of their NIL based on a current and open market.

Prospective Student-Athlete - Individual who has started classes for the ninth grade in high school.

Recruiting Inducement - Arrangement or other direct or indirect method to give or offer to give a prospective student-athlete or their family that is not expressly permitted by NCAA regulations.

Representative of Athletics Interests (Booster) - An individual who is known (or who should have been known) by a member of the institution's executive or athletics administration to:
(a) Have participated in or to be a member of an agency or organization promoting the institution's intercollegiate athletics program;
(b) Have made financial contributions to the athletics department or to an athletics booster organization of that institution;
(c) Be assisting or to have been requested (by the athletics department staff) to assist in the recruitment of prospective student-athletes;
(d) Be assisting or to have assisted in providing benefits to enrolled student-athletes or their families; or
(e) Have been involved otherwise in promoting the institution's athletics program.

Student-Athlete - A student whose enrollment was solicited by a member of the athletics staff or other representative of athletics interests with a view toward the student's ultimate participation in the intercollegiate athletics program, or a student who reports for an intercollegiate squad that is under the jurisdiction of the athletics department.

Updated 8.9.2025