Heidelberg University Name, Image, and Likeness Policy (dated 9/9/2021)
NIL Disclosure Form
Heidelberg University, hereinafter also referred to as “University” or “Institution,” supports student-athletes receiving compensation for the use of their name, image and likeness from sources outside of the University.
In conjunction with NCAA policy, the State of Ohio Executive Order 2021-10D, and Ohio law, Heidelberg University and its Athletics Department have developed specific policies to address name, image and likeness (NIL) activities of student-athletes. A student-athlete’s failure to comply with this policy may result in penalties imposed by the NCAA and/or Heidelberg University that could impact the student-athlete’s eligibility to participate in intercollegiate athletics. This Policy applies to student-athletes when they initially enroll as a full-time student or when they begin official practice at Heidelberg University, whichever occurs first, and continues until the student-athlete is no longer enrolled at the University.
NIL Defined
A name, image, and likeness activity includes any situation in which a student-athlete’s name, image, likeness, or personal appearance is used for promotional purposes by a non-institutional entity, including the individual student-athlete, a commercial entity, or a noninstitutional nonprofit or charitable entity.
For purposes of this Policy, the following definitions apply:
“Name” means the first name, last name, or nickname of the student-athlete when used in context that reasonably identifies 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.
“Student-athlete” means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an intercollegiate athletics program.
“Official team activities” means all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by the institution or college, and other team-organized activities, regardless of whether the activity takes place on or off campus, including individual photograph sessions and news media interviews.
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 name, image and likeness may involve a wide range of activities, including but not limited to:
• Traditional commercials or advertisements for products or services,
• Student-athletes developing and promoting their own business
• Personal appearances
• Student-athletes running their own camps or clinics
• Providing private lessons (and using their name or image to promote those lessons)
• Sponsored social media posts
• Autograph sessions
Disclosure Responsibilities
Student-athletes are required to disclose contact information for all parties involved in the use of their name, image, and likeness, as well as any involved professional service providers.
Student-athletes must disclose verbal or written compensation arrangements and details of the parties involved with the NIL activities to the Athletics Director at least 10 days prior to committing to activities. Student-athletes should use Heidelberg's
NIL Disclosure Form.
Heidelberg University will review the proposed agreement to determine if there is a conflict with any Heidelberg University sponsorship contracts.
If there is a conflict: Heidelberg University will inform the student-athlete of the relevant contract provision that is in conflict; student-athletes cannot enter into the proposed contract but the student-athlete may negotiate a revision to the proposed contract to avoid the conflict; and the student-athlete must submit the revised contract to Heidelberg University for review before the student-athlete enters into the NIL activity to ensure compliance with this Policy and Ohio law.
Heidelberg University coaches or staff may not be involved in any way with the NIL activities of any student-athletes. This includes, arranging, assisting, promoting, or contributing to the NIL activity.
Student-athletes may not enter into an apparel contract that requires the student-athlete to display a sponsor’s apparel, or otherwise advertise for a sponsor, during “official team activities” if the provision is in conflict with a provision of the student’s institution’s team contract.
Student-athletes may not engage in name, image, and likeness activities while participating in required institutional activities or while representing the institution.
Student-athletes will not be permitted to use colors, logos, or images, including institutional marks, which identify the institution in any name, image, or likeness activities. A student-athlete may only reference their attendance at the institution and participation in athletics in biographical information.
Student-athletes may not use institutional facilities for any name, image, or likeness activities, with the exception of use for teaching lessons or for a camp/clinic, provided that the rental agreement is consistent with that available to the general public and all activities are subject to applicable University policies and procedures regarding third-parties and commercial ventures.
Student-athletes may not miss required educational obligations (e.g. class, exams or scheduled tutor/mentor sessions) or required team activities for any name, image and likeness activities.
A student-athlete’s involvement in name, image and likeness activities will not relieve the student-athlete from the obligation to comply with all NCAA and institutional academic standards, requirements, regulations or obligations; team rules of conduct or other applicable rules of conduct; standards or policies regarding participation in intercollegiate athletics; or disciplinary rules and standards generally applicable to Heidelberg University students.
A student-athlete may obtain professional representation (agent or attorney) 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.
Prohibited Activities
Student-athletes may not receive compensation which is conditioned or contingent on enrolling at, or continuing enrollment at any specific collegiate institution, or on any specific athletic performance or achievement.
Student-athletes may not enter into agreements for use of their name, image or likeness in any Prohibited Sponsorship Category. In the event that a student-athlete enters into agreement in a Prohibited Sponsorship Category, the student-athlete shall be required to terminate such agreement.
A “Prohibited Sponsorship Category” is any sponsorship agreement in certain categories, with specific entities or with specific identified individuals that are in conflict with existing University contracts, University policies, or for any other reason determined in good faith by the University. Prohibited Sponsorship Categories 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
• Alcohol, and vendors associated with alcohol products
• Tobacco, and vendors associated with tobacco products
• Marijuana, and vendors associated with marijuana products
• Products or services that are illegal
• Substances that are on the NCAA Banned Substance List
• Activities which are, in Heidelberg University’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
• 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, sexual orientation, or gender.
•Student-athletes may not sell or trade any equipment, apparel, or awards provided to them by the institution as part of any NIL activities.
Additional Considerations
Financial Aspects of NIL:
Student-athletes should be aware that 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.
Student-athletes may also need to follow the NIL laws of the state in which they legally reside in addition to Ohio NIL laws. Under Ohio’s Right of Publicity law, Heidelberg University has the ability to use student-athletes’ name, image, and likeness for educational purposes to promote Heidelberg University and its educational or institutional objectives without providing them compensation.
Failure to comply with NIL Policy:
Student-athletes who are found to be in non-compliance with the NIL Policy may be subject to the Heidelberg judicial process and/or NCAA sanctions.
