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Mavericks Institute NIL Guidelines

7/1/2021 11:02:00 AM

   Mankato, Minn. — With the NCAA adopting its interim name, image and likeness (NIL) policy that goes into effect this week, Minnesota State Athletics has instituted guidelines for its student-athletes to help guide them through this new landscape.

"We're entering a new era of intercollegiate athletics," said Kevin Buisman, Minnesota State Director of Athletics. "We're excited to embrace any opportunities that will come with changes in student-athletes' name, image and likeness rights. Our approach to preparing them for utilizing their NIL will be no different than our commitment to setting them up for with our on-going philosophy of Building Champions relative to their experience on and off the field of competition and in the classroom."

A letter was sent to all Minnesota State student-athletes, coaches and staff, outlining the guidelines.

These polices include:

  • Student-athletes (SA's) may earn compensation for their NIL.  Such compensation must be within fair market value and must be for actual work/services performed.
  • Minnesota State University, the athletic department, and/or staff members may not compensate or arrange compensation to a current SA or prospective student-athlete (PSA) for her or his NIL.
  • Representative of Athletics Interests ("Boosters") may only compensate or arrange compensation to a SA or PSA if such compensation is with a business/company in which the Booster has a direct relationship (owner, employee, etc.)
  • Compensation may not be provided to a SA/PSA in exchange for athletic performance or attendance at Minnesota State University.
  • The expectation is that NIL compensation opportunities will not conflict with academic or team related activities.
  • SA's/PSA's will only be allowed to use University or athletic department related marks and logos, including all aspects of the uniform, if those rights have been secured through an agreement granting specified rights. Information and licensing agreements pertaining to retail products can be sourced through Learfield Licensing Partners.
  • SA's will not be permitted to enter into NIL agreements with gambling/sports wagering vendors or any vendors associated with athletic performance enhancing drugs.
  • The use of athletic department facilities will require approval in advance (location agreements, including waiver of liability forms and applicable rental fees). Rental and waiver of liability agreements will be coordinated with Minnesota State Assistant Athletic Director for Sport Operations.
  • SA's must disclose within five business days of any NIL agreements to the athletic department.  This will be accomplished through forms shared through Opendorse and/or Front Rush. This is not an approval process but a component of the expected NCAA monitoring requirements.
  • The duration of a contract for representation of SA or compensation for the use of NIL should extend only through participation in an athletic program at Minnesota State University.
  • SA's may secure representation (agent or lawyer), ONLY for NIL and NOT for future professional athletic contract negotiations. SA's cannot have entered into any such written or oral agreements for NIL prior to 7/1/21.
  • A SA under the age of 18 years will need to have parent/legal guardian approval prior to entering into any contract for compensation for his or her NIL.
  • International SA's should not enter into any NIL agreements without the guidance from the Minnesota State University Kearney International Center to guard against any potential immigration issues.
  • The Minnesota State University Athletic Department is in the process of partnering with Opendorse, which will not only provide SA's with brand building and educational workshops focusing on the areas of NIL, but will also serve as the clearinghouse for all institutional NIL information.
  • Pell Grant or need based financial aid could be impacted based on compensation from NIL. Those questions should be directed to the Minnesota State University Student Financial Services Office.

Minnesota State Athletics will continue to assess the NIL landscape and is prepared to modify these guidelines, if necessary.

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