Please note, NCAA regulations regarding NIL are subject to frequent change. This FAQ is intended as a guide only. If you have detailed questions, please contact athletics.compliance@utsa.edu, for the latest information.
May I enter into an agreement with a University of Texas at San Antonio donor for the use of my name, image or likeness (i.e., NIL) in exchange for money, goods or services?
Yes, subject to restrictions in state laws, as well as potential federal laws and NCAA rules; however, before you enter into such a contract, you must disclose to UTSA Athletics through the INFLCR any proposed contract for use of your name, image, or likeness.
Do the NCAA regulations mean that a donor or fan of The University of Texas at San Antonio may provide me with any amount of compensation at any time as long as it is in exchange for the use of my NIL?
There are some restrictions. Of those restrictions, the most significant prohibit student-athletes (SAs) from profiting from their NIL when they are engaged in official team activities and prohibit receiving compensation for their NIL that is based on their athletic performance.
May the University of Texas at San Antonio or its staff members assist me with arranging for me to utilize my NIL for compensation with a business, etc.?
Yes. UTSA , and parties authorized by UTSA may identify, create, facilitate, or otherwise assist with opportunities for a currently enrolled student athlete to earn compensation from a third party for the use of the student athlete’s name, image, and likeness. However, please note that UTSA and authorized third parties may not;
- Act as an athlete agent for the student athlete
- Be compensated by the student athlete or third party for providing the assistance;
- Attempt to influence the student athlete’s choice of professional representation in connection with an opportunity; or
- Attempt to diminish the student athlete’s opportunities from competing third parties.
May I obtain an agent/marketing representative to assist with NIL activities?
Yes, but any agreement must be limited to marketing your NIL. Furthermore, if the representative is also an athlete agent*, then the representative must be registered and bonded as an athlete agent with Texas’ Secretary of State and may not initiate any communication related to professional sport representation with you or your family outside of athlete agent interviews organized by the University of Texas at San Antonio.
*Texas law defines an athlete agent as an individual who for compensation, directly or indirectly recruits or solicits an athlete to enter into an agent contract, a financial services contract, or a professional sports services contract with that individual or another person; or for a fee, procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team.
May the University of Texas at San Antonio or UTSA Athletics marks, logos or other institutional property be used in my proposed NIL-contract (e.g., SA filming endorsement ad while wearing UTSA hat)?
Yes but only if approved by UTSA, in writing. Use of marks, logos, or other institutional property can occur if;
- The student athlete and the person contracting for the use of the student athlete’s name, image, or likeness comply with all UTSA requirements related to licensing; and
- UTSA is compensated for the use in an amount consistent with market rates.
May I receive NIL-compensation based on my athletic performance at the University of Texas at San Antonio?
No.
Are there any industries or products that I may not endorse?
Yes. Texas law prohibits a student-athlete from entering into a contract for the use of the student athlete’s name, image or likeness in exchange for an endorsement of:
- Alcohol
- Tobacco products
- E-cigarettes or any other type of nicotine delivery device
- Anabolic steroids
- Sports betting
- Casino gambling
- A firearm the student athlete cannot legally purchase, or
- A sexually oriented business as defined in Section 243.002, Local Government Code
Also, compensation for the use of NIL may not be provided in exchange for athletic performance.
Also, NCAA extra benefit and recruiting inducement rules still apply. Payment for NIL activities must include an action on your part (e.g., promotion, appearance, autograph, etc.). Otherwise, the receipt of money could be an extra benefit or preferential treatment violation and jeopardize your eligibility for athletics participation.
Do I have to have an agent/representative to engage in NIL activities?
No. You do not have to have an agent/representative to engage in NIL activities.
How do I know if an agent/representative is a good one?
You should do your research and ask for references. Don’t just settle for the first one and interview multiple individuals for comparison. Rates charged and contract terms will likely vary between agents. If the individual is also a registered agent with the State of Texas, compliance can help pull additional information about that agent’s background and potential disciplinary history. You should also have a trusted individual or attorney review your agreement with the agent/representative to ensure it is in your best interest.
Are there rules about when I can engage in NIL activities (e.g., game day, on the road)?
Yes. Student-athletes are prohibited from participating in NIL activities or entering into agreements while participating in team activities including countable athletically related activities and required athletically related activities (as defined by NCAA Bylaw 17). Student-athletes are also prohibited from participating in NIL activities during times that conflict with academic commitments including, but not limited to, class, study hall, and tutoring appointments. Student-athletes may engage in NIL Activities while away from campus for team activities so long as they are released by the proper institutional authority from athletic department obligations.
What are the rules for companies that already have deals with UTSA Athletics?
You cannot engage in any NIL activities that conflicts with a UTSA contract. Student-athletes shall disclose information and details of all NIL activities prior to engaging in the NIL activity via INFLCR.
How do I report it if there is no contract involved?
Even if you do not have a written contract, you should still report your NIL activity in INFLCR. Although most binding contracts are in writing, an oral contract could in some circumstances be legally binding.
Please note, no reputable individual or organization will engage in a NIL contract without putting it in writing. If you are approached regarding a “verbal” NIL contract, please contact UTSA Athletics Compliance (athletics.compliance@utsa.edu).
How do I know what I'm worth?
While some online services have offered personal brand valuations, those figures are simply outputs from an ever-evolving algorithm. The reality is that they cannot account for you as a person, a brand’s potential fit with you or any other number of factors. When evaluating the value of a potential partnership, consider the following:
- Does this deal align with my personal brand and what I want to be known for?
- What needs does this deal address for me?
- How could this deal negatively impact my personal brand?
- What is the time commitment?
- Is this deal a win-win for you and the brand partner?
- Are the terms of this deal flexible in case it isn’t a win-win on the first try?
- Who else has partnered with this brand?
Can NIL compensation affect my eligibility for a Pell Grant or other need-based financial aid?
It is possible depending on how much compensation you receive. You are encouraged to contact UTSA Athletics Compliance (athletics.compliance@utsa.edu) to be connected with the financial
aid office to evaluate potential impact.
Am I required to provide UTSA Athletics with a cut of any NIL money I earn?
No.
Do I have to pay taxes on the NIL money I earn?
Yes, any NIL income earned is subject to state and/or federal taxes. UTSA Athletics cannot provide specific tax advice to student-athletes, so any tax questions would need to be referred to a tax professional. UTSA Athletics will include basic tax principles in future INFLCR programming.
Can a non-United States (U.S.) resident/international student-athlete earn NIL compensation?
If you are an international student-athlete, please contact UTSA’s International Services at International.Services@utsa.edu with any questions you may have.