Ohio Wesleyan University Athletics

Ohio Wesleyan University Name, Image & Likeness Policy
(August 2021)

Ohio Wesleyan University and its Department of Athletics are committed to supporting opportunities for student-athletes to use their name, image and likeness (NIL) in accordance with NCAA Policy, and state and federal laws. This NIL policy applies to all student-athletes participating in intercollegiate athletic programs at Ohio Wesleyan University and outlines the expectations surrounding a student-athlete's involvement in NIL activities. The policy applies to a student-athlete from when they initially enroll as a full-time student.

Under Ohio law, a student-athlete may earn compensation as a result of the use of the student-athlete's NIL. Compensation means any form of payment or remuneration, including but not limited to cash, gifts, in-kind items of value, discounts, social media compensation, payments for licensing or use of publicity rights, and payments for other intellectual or intangible property rights.

Name, Image, and Likeness Defined:

Name means the first name, last name, or nickname of the student-athlete when used in a context that reasonably identified the student-athlete with particularity.

Image means a picture of the student-athlete.

Likeness means a physical, digital, or other depiction or representation of the student-athlete.

An NIL activity includes any situation in which a student-athlete earns compensation as a result of the use of the student-athlete's NIL-for example, where a student-athlete's NIL is used for promotional purposes by a non-institutional entity, including the individual student-athlete, a commercial entity, or a non-institutional nonprofit or charitable entity. While such activities may provide compensation for a student-athlete, those activities that do not provide compensation are also covered under this policy. Student-athletes' use and monetization of their NIL may involve a wide range of activities, including but not limited to:

• Traditional commercials, advertisements, or promotion for products or services,
• Student-athlete developing and promoting their own business,
• Personal appearances,
• Student-athletes running their own, or participating in, camps or clinics,
• Providing private lessons (and using their name or image to promote those lessons),
• Sponsored social media posts, and
• Autograph sessions.

Professional Representation
A student-athlete may hire professional representation (e.g., an agent, attorney, tax advisor, marketing consultant, or brand manager) for advice, contract representation, and the marketing of their NIL, so long as the professional representation is NOT representing the student-athlete in securing professional athletic opportunities or financial gain as a professional athlete. That agent needs to be registered under Ohio law unless it is an immediate family member (aco.ohio.gov).

Institutional Disclosure Requirements:

• At least seven (7) days prior to entering into a verbal or written contract for compensation for the use of a student-athlete's NIL, student-athletes are required to disclose the proposed contract to Ohio Wesleyan University for review, including disclosure of compensation information and arrangements and contact information for all parties involved in the use of the student-athlete's NIL, as well as any involved professional service providers. Please see the Ohio Wesleyan University Name, Image & Likeness Disclosure Form.
• Ohio Wesleyan University will review the proposed contract to determine if there is a conflict with any Ohio Wesleyan University existing contracts. If there is a conflict:
  • Ohio Wesleyan will inform you of the relevant contract provision that is in conflict;
  • You cannot enter into the proposed contract but you may negotiate a revision to the proposed contract to avoid the conflict; and
  • You must submit the revised contract to Ohio Wesleyan for review before you enter into the proposed contract or NIL activity to ensure compliance with these guidelines and Ohio law.

Athletics Director Doug Zipp (dwzipp@owu.edu) and Compliance Coordinator Kris Boey (kwboey@owu.edu) will review all disclosures to confirm compliance with Institutional, NCAA and State of Ohio guidelines.

University Restrictions:

• Apparel Contracts: Student-athletes may not enter into a contract that requires the student-athlete to display a sponsor's product (e.g., an apparel contract), or otherwise advertise for a sponsor, during official team activities or any other time if the requirement would conflict with an existing Ohio Wesleyan contract.
• University Involvement: Ohio Wesleyan University staff may not be involved in any way with the NIL activities of any student-athletes. This includes, identifying, arranging, assisting, promoting, negotiating or contributing to the NIL activity. Further, University staff may not enter into agreements with, or benefit from, a student-athlete's NIL activities.
• Timing of NIL Activities: Student-athletes may not engage in NIL activities while participating in official team activities, whether on or off campus. You may not miss required educational obligations (e.g., class, exams or scheduled tutor/mentor sessions) or required team activities (e.g., practice, scrimmage, strength/conditioning or competition) for any NIL activities until you are released by your sports program and departed the facility.
• University Trademarks, Logos, and Intellectual Property: Student-athletes will not be permitted to use Ohio Wesleyan's trademarks, logos, or images, including institutional marks, which identify Ohio Wesleyan in any NIL activities. A student-athlete may only reference their attendance at Ohio Wesleyan and participation in athletics for personal brand building on social media.
• Use of University Facilities: Student-athletes may not use Ohio Wesleyan's athletic facilities, including fields and other venues, for any NIL activities. You also may not participate in NIL activities in athletic areas that are un-rentable (i.e., locker rooms, athletic training areas, team meeting rooms/lounges, hallways, etc.).
• University Equipment: Student-athletes may not sell or trade any equipment, apparel, or awards provided to them by the institution as part of any NIL activities.

Contract Restrictions:

• No Pay for Play:
  • Student-athletes may not receive compensation which is conditioned or contingent on enrolling at, or continuing enrollment at Ohio Wesleyan University, or on any specific athletic performance or achievement.
  • Student-athletes may not enter into a contract for NIL activities unless the compensation to be paid to the student-athlete is for work actually performed and is at a rate reflecting fair market value.
• Prohibited Industries: You may not enter into a contract where your NIL is associated with any of the following:
  • Alcohol and Distilled spirits (i.e., hard liquor);
  • Tobacco products (including electronic smoking devices, vapor products or products or devices that consists of or contains nicotine that can be ingested into the body);
  • Casinos or any entity that sponsors or promotes gambling activities;
  • Controlled substances;
  • Marijuana (including legalized and medical) products;
  • Medical marijuana cultivator, processor, lab or retail dispensary; or
  • Any business engaged in the sale, rental, or exhibition for any form of consideration of adult entertainment that is characterized by an emphasis on the exposure or display of sexual activity.
• Other Prohibited Products and Activities: Ohio Wesleyan reserves the right to restrict other categories of companies, brands, or types of contracts that are similar to the above, or other areas that are permitted under Ohio law, including, but not limited to, contracts where your NIL is associated with any of the following:
  • Substances that are on the NCAA Banned Substance List;
  • Activities which are, in Ohio Wesleyan's sole judgment, misleading, offensive, or in violation of a statute, law, ordinance, NCAA bylaw or any University contract obligation;
  • Activities that adversely affect the University's reputation;
  • Activities that appear to create an endorsement by the University of a particular company, product, political candidate or position regarding public policies; and
  • Activities that ridicule, exploit or demean persons on the basis of their age, color, creed, physical or mental disability, national origin, citizenship, veteran status, marital status, race, religion, sex, or gender.

Additional Guidance:
Student-athletes are still subject to and are expected to comply with the following:

• All NCAA and NCAC rules and regulations;
• Ohio Wesleyan's academic standards, requirements, regulations or obligations;
• Team rules of conduct or other applicable rules of conduct;
• Standards or policies regarding participation in intercollegiate athletics; and
• Disciplinary rules and standards generally applicable to Ohio Wesleyan University students.

Financial Guidance Associated with NIL Compensation:
Student-athletes should consider the following prior to entering into a contract for NIL activities:

• Income from NIL activities would likely be considered taxable income. Student-athletes should consult with an appropriate tax professional about the tax implications of any compensation they earn.
• Any income received by a student-athlete could impact that student-athlete's eligibility for Pell Grant, federal aid, and/or other need-based financial aid.

International student-athletes should seek guidance regarding the impact of NIL activity upon their visa status.

You may also need to follow the NIL laws of the state in which you legally reside in addition to Ohio NIL laws.
Under Ohio's Right of Publicity law, Ohio Wesleyan University has the ability to use your NIL for Ohio Wesleyan's educational purposes to promote Ohio Wesleyan and its educational or institutional objectives without providing you compensation.

Sanctions:
Failure to follow these NIL guidelines may result in loss of privileges and other sanctions as appropriate, including but not limited to, verbal or written reprimand, probation, loss of practice privileges, loss of competition privileges, suspension or dismissal from the program.

NIL Disclosure Form