Your School’s Name, Image, and Likeness Positively Impacts Your High School Athletes

Professional athletes have long benefited from commercial endorsements, lending their famous faces (or other body parts) to promote anything from pantyhose to roach traps. But until July 1, 2021, college and high school student-athletes could not profit from their own popularity.

NCAA President Mark Emmert called the recent ruling that permits students in all three divisions to enter into endorsement agreements “ … an important day for college athletes since they all are now able to take advantage of name, image, and likeness opportunities.”

The NCAA’s interim policy immediately allows current and prospective student-athletes to engage in activities that involve the use of their own name, image, or likeness for commercial or promotional purposes. In lieu of a federal NIL law, most states adopted policies ahead of a future national guideline.

Who Can Benefit?

What gets tricky to define are those who fall under "prospective" NCAA student-athletes, because a future college athlete is presumed to be a current high school student. As of October 2021, only two states, California and New York, have ruled that high school athletes may engage in agreements that allow them to financially benefit from their name, image, or likeness. But even when the state permits students to enter into endorsement agreements, governing athletic associations can prohibit such activity.

Now that two states have established NIL policies for high school students, other states are likely to follow suit. Athletes who cannot currently reap the benefits of their local celebrity status might be swayed to sign with colleges and universities with the promise of endorsements—real or implied. Or, in the case of one Texas athlete, a top recruit might leave high school before graduation for the greener pastures of college and its financial rewards.

NIL Guidelines High Schools Might Consider

Forward-thinking high school administrators and athletic directors would be wise to implement plans to help students and their families navigate the murky waters of NIL deals even ahead of state legislation.

When determining policies for your school’s student-athletes regarding NIL deals, put some parameters into place. Perhaps you should:

• require any student-athlete who enters into any NIL agreement to report the nature of the deal to the school and require approval from the school;
• prohibit students from mentioning the name of your school or wearing their school jersey or logo in any paid endorsement;
• set a cap on earnings;
• provide assistance or advice to the family of the student-athlete regarding current or future limitations from endorsements;
• determine your school’s obligation to provide assistance regarding the management or tax obligations of a student’s earnings; and
• advise student-athletes on how endorsements might impact their personal brand and influence a future college recruiter’s impression of them.

When College Recruiters Offer NIL Deals

Even if your high school does not allow or does not plan to allow your students to enter into NIL endorsements, universities recruiting them might offer deals to help sway them to commit. What is your obligation to your athlete?

You might provide students and their families questions to ask college recruiters.

For example:

• What might be required of my student?
• Is my student required to be at a certain place at a certain time, for example press conferences, appearances?
• Do they need to be available for autographs or photo shoots to promote their team?
• Are they obligated to sign a deal that impacts their entire college career or only their freshman year?
• Who manages these deals? Is there someone on the school’s staff or is that up to the student?

At the NCAA level, colleges have spent months and even years anticipating the NIL ruling and have proactively put measures in place that help their student-athletes by offering classes on endorsement management, hiring personal brand coaches, and even partnering with apps to help students profit from and manage their NIL deals.

Even if your top student-athletes wait until college to sign NIL deals, talk to them now about building their brand and maintaining a positive image. Simple credos such as ‘you are what you tweet’—or post on Instagram or TikTok—can help them make good decisions when sharing their lives on social media.

Being great at their sport is only part of the equation. Encourage your athletes to post about their accomplishments both on and off the field, and to adopt a team mindset when sharing their accolades. Building a positive image that attracts endorsements can be hugely beneficial, particularly when it comes to offsetting the cost of a college education.

For more about the current college athletic landscape, read about how to help your athletes connect with recruiters.