Welcome to Jacksonville State University Name, Image and Likeness (“NIL”) Information Site. You will find information on Jacksonville State policy and educational materials for student-athletes, staff, agents and other individuals relating to the passage of HB404 - the State of Alabama NIL bill. While helpful information is summarized here, we encourage you to read the statute itself which is set forth verbatim below
State Law - HB404
Information for Student-Athletes
- Employees of Jacksonville State University may not compensate, or arrange any compensation deals for, a current or prospective student-athlete for his or her NIL.
- Compensation on an NIL Deal must not exceed market value.
- Compensation may not be provided in exchange for athletic performance or attendance at Jacksonville State University.
- Compensation can come in the form of money, goods or services.
- Per Alabama law, contracts for compensation cannot extend beyond participation as a student-athlete at Jacksonville State University.
- NIL agreements must not conflict with academic or team-related activities.
- Use of any registered marks, logos, verbiage or designs owned and protected by Jacksonville State University is not permitted unless prior written permission is received from the Jacksonville State Athletic Director.
- Per Alabama law, prior to entering into an NIL deal or accepting NIL compensation, Student-Athletes must disclose the agreement to the institution in the manner required by the institution. At Jacksonville State, Student-athletes must utilize the INFLCR app to disclose agreements/contracts.
- Student-athletes may not enter into an NIL agreement that conflicts with a contract to which Jacksonville State is a party.
- Student-athletes are permitted to obtain professional representation to assist with securing opportunities for compensation. Representation must be for NIL marketing only and not for future professional contract negotiations. You must provide JSU with at least seven days written notice prior to entering into such an agreement. Further, per Alabama law, any individual assisting you with securing NIL compensation must be either: 1) a licensed attorney; or 2) registered with the State of Alabama.
Name, Image, Likeness FAQs
Q: May a party enter into an NIL deal with a prospective student athlete in order to induce them to attend Jacksonville State?
A: No. Alabama law provides: “A student athlete may not receive compensation for the use of their name, image or likeness as an inducement to attend or enroll in or continue attending a specific postsecondary educational institution.” In addition, most prospective student athletes in Alabama participate in competition governed by state athletics associations that have amateurism rules which usually prohibit a prospective student-athlete from using his/her NIL for compensation.
Q. May an individual or business enter into an NIL agreement with a student-athlete in exchange for money, goods or services?
A. Yes, subject to restrictions in state laws, as well as potential federal laws and NCAA rules; however, before a student-athlete enters into such a contract, the student-athlete must disclose the proposed NIL activity to Jacksonville State University.
Q. What are the most significant restrictions on entering into an NIL deal with a student athlete?
1) Student athletes may not profit from their NIL deal when they are engaged in official team activities;
2) a Student-Athlete may not receive compensation from an NIL which is based on their enrollment at Jacksonville State or their performance as a Jacksonville State student-athlete.
However, other restrictions may apply as well and anyone contemplating compensating a student-athlete for their NIL is advised to review applicable law.
Q. May Jacksonville State employees assist an individual or business with arranging an NIL deal with a Jacksonville State student-athlete?
A. No. Neither Jacksonville State University or its officers, directors and employees (or any entity with the purpose of benefiting Jacksonville State) may arrange for our student-athletes to participate in NIL contracts or activities; however, we may forward information about legitimate NIL opportunities to our student-athletes for their consideration.
There are two reasons for this prohibition:
(1) Alabama’s NIL law precludes an institution from providing NIL compensation and;
(2) Alabama law generally prohibits the use of state resources for private gain.
Q. May an individual or business not affiliated with Jacksonville State act as a marketing agent for a student-athlete?
A. Yes, but any representation agreement with the student-athlete must be limited to the purpose of securing compensation for the use of the student-athlete’s NIL. In addition, an individual representing a student -athlete for purposes of exploring or securing compensation for NIL must be registered with the State of Alabama as an athlete agent or shall be a licensed attorney.
Q. May Jacksonville State ’s marks, logos or other institutional property be used in a proposed NIL-contract with a Jacksonville State student-athlete (e.g., student-athlete filming endorsement ad while wearing Jacksonville State issued team gear)?
A. No. Alabama state law prohibits student-athletes from earning NIL-compensation in exchange for providing an endorsement while using intellectual property or other property owned by Jacksonville State (some exceptions may apply).
Q. May a student-athlete receive NIL-compensation based on the student-athlete’s athletic performance at Jacksonville State ?
A. No.
Q. May a NIL contract stipulate that a student-athlete must compete for, or attend, Jacksonville State (or any other NCAA member school)?
A. No.
Q. May I compensate a student-athlete for the student-athlete’s NIL when the student-athlete is engaged in official team activities?
A. No. For example, if a student-athlete is at a Jacksonville State Athletics organized fan event or at an away-from-home competition, you may not compensate the student-athlete for the student-athlete’s autograph or photo because the student-athlete is engaged in official team activities. In essence, if the student-athlete is participating in a Jacksonville State University/Athletics sanctioned event, no NIL compensation is permissible.
Q. Are there any industries or products that student-athletes may not endorse?
A. Yes. Alabama law prohibits a student-athlete from entering into a contract for the use of the student-athlete’s NIL in exchange for an endorsement of certain products including, but not limited to:
- Alcohol;
- Tobacco products, e-cigarettes or any other type of nicotine delivery system;
- Any seller of controlled substances such as marijuana or steroids;
- Sports betting or casino gambling;
- Adult entertainment businesses
In addition, per Alabama law, state universities are permitted to prohibit student-athletes from entering into NIL deals with individuals or businesses that in the good faith judgment of the university negatively impact or reflect adversely on the university or its athletic program. Interested parties should consult Alabama law and NCAA regulations for a complete list of potentially prohibited endorsements.
Q. What are other examples of when a student-athlete may not engage in NIL-activity for compensation, according to Alabama law or Federal law?
A. Other prohibited examples include compensation for student-athlete NIL activity:
In Exchange For:
-Property owned by Jacksonville State (e.g., current jersey, gear, or equipment)
-An endorsement while using Jacksonville State intellectual property or other Jacksonville State-owned property
That Conflicts With:
-A Jacksonville State University contract
-A Jacksonville State Athletics’ sport’s written team rules/team contract, Athletics financial aid agreement or Athletics Department student-athlete rules or Jacksonville State University’s Code of Conduct or other student rules.
*The above list is not all inclusive and exceptions may apply
Q. How long may a student-athlete’s NIL related contract last?
A. According to Alabama law, the duration of the student-athlete’s contract may not extend beyond the student-athlete’s participation in the Alabama institution’s intercollegiate athletics program.
Q. May international student-athlete’s engage in NIL activities?
A. International students should, in particular, seek guidance from either outside counsel or JSU’s Office of International Programs to make sure that no potential NIL activity would violate immigration related laws or regulations.
HB404 - the State of Alabama NIL bill and information:
STATE LAW
“A student athlete participating in intercollegiate sports at a postsecondary educational institution may earn compensation for the use of the student athlete's name, image, or likeness pursuant to this act. The compensation shall be commensurate with the market value of the student athlete's name, image, or likeness.”
“Subject to this act and any rule adopted by the Alabama Collegiate Athletics Commission pursuant to Section 6, a postsecondary educational institution may not adopt or maintain a contract, rule, regulation, standard, or other requirement that unreasonably restricts a student athlete from receiving compensation for the student athlete's name, image, or likeness.”
COMPENSATION
“Compensation for a student athlete's name, image, or likeness may not be conditioned on athletic performance or attendance at a particular postsecondary educational institution.”
“A contract for the use of a student athlete's name, image, or likeness which is formed while the student athlete is participating in an intercollegiate sport at a postsecondary educational institution may not extend beyond the student athlete's participation in the sport at the institution.”
DISCLOSURE
A student athlete participating in intercollegiate sports at a postsecondary educational institution shall provide the institution with written notice at least seven days prior to entering into a representation agreement with any individual for purposes of exploring or securing compensation for use of the student athlete's name, image, or likeness.”
“Before any contract for compensation for the use of a student athlete's name, image, or likeness is executed, and before any compensation is provided to the student athlete in advance of a contract, the student athlete shall disclose that contract to his or her postsecondary educational institution in a manner prescribed by the institution.”
STUDENT-ATHLETE EDUCATION
“Each postsecondary educational institution shall conduct financial literacy and life skills programming for student athletes. At a minimum, the programming must include information concerning financial aid and debt management, as well as recommended model budgets for student athletes based on that academic year's estimated cost of attendance and the various scholarship statuses of student athletes at the institution. The programming shall also include information on time management skills necessary for success as a student athlete and available academic resources.”
“The programming may not include any marketing, advertising, referral, or solicitation by providers of financial products or services.”
“This section does not place any obligation on a postsecondary educational institution to provide tax guidance or financial safeguards to student athletes outside of the programming required under this section.”
AGENT INFORMATION
“An individual representing a student athlete for purposes of exploring or securing compensation for the student athlete's name, image, or likeness shall be registered as an athlete agent with the state pursuant to Section 8-26B-4, Code of Alabama 1975, or shall be a licensed attorney and a member in good standing of the Alabama State Bar.”
INSTITUTIONAL STAFF
“A postsecondary educational institution, an entity with the purpose of supporting or benefiting the institution or its intercollegiate sports, or any officer, director, or employee of the institution or entity may not compensate or cause compensation to be directed to a student athlete or the family of a student athlete for use of their name, image, or likeness.”
FINANCIAL AID
Student-athletes with questions about their eligibility for need-based financial aid are encouraged to reach out to the Jacksonville State University Office of
Student Financial Services.
INTERNATIONAL STUDENTS
International student-athletes with questions about their eligibility to earn NIL compensation should seek clarification from the Jacksonville State University
Office of International Programs.
MISCELLANEOUS
Questions not answered in this FAQ can be directed to (ncaacompliance@jsu.edu)
. Again, conversations with Jacksonville State University Athletics staff regarding NIL do not constitute legal advice. Student-athletes are encouraged to seek and research reputable outside counsel when pursuing NIL arrangements.
