Sec. 5. Valid name, image, or likeness contract
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/bill/118/s/2495/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A student athlete may only enter into a name, image, or likeness contract that— is in writing and signed by each party; includes the names of each party; outlines the scope of work to be performed by the student athlete; states the timeline for the performance of such work; states the compensation to be provided to the student athlete; describes the duration of the contract; conforms with the format of a standard contract template developed by the Federal Trade Commission; takes effect after the date on which the student athlete enrolls in an institution of higher education and begins participation in intercollegiate athletics; and is consistent with this Act.
A student athlete may only enter into a name, image, or likeness contract if— the student athlete is enrolled at an institution of higher education during an academic term for which classes have begun; and the duration of the contract does not extend beyond the period during which the student athlete is enrolled at an institution of higher education. Except as provided in paragraph (2), the National Collegiate Athletic Association or an institution of higher education may not prohibit a student athlete from participating in intercollegiate athletics based on the student athlete having entered into a name, image, or likeness contract.
Notwithstanding paragraph (1), the National Collegiate Athletic Association or an institution of higher education may prohibit a student athlete who is enrolled at the institution from participating in intercollegiate athletics if the student athlete has entered into a name, image, or likeness contract with any person or entity related to or associated with the development, promotion, production, distribution, wholesaling, or retailing of— adult entertainment, sexually suggestive products, or sex-oriented products, services, conduct, imagery, or inferences; alcohol products; a casino or gambling, including sports betting and betting in connection with a video game or online game, or on a mobile device; tobacco, marijuana, or electronic smoking products and devices; pharmaceuticals; any dangerous or controlled substance; drug paraphernalia; weapons, including firearms and ammunition; or any product, substance, or method that is prohibited in competition by the National Collegiate Athletic Association, a conference, or any other organization governing varsity intercollegiate sports competition.
The National Collegiate Athletic Association or an institution of higher education may prohibit a student athlete from— wearing any item of clothing, shoes, or other gear with the insignia of any entity while wearing any athletic gear or uniform provided by an institution of higher education or otherwise competing in a varsity intercollegiate sports competition or athletic event sponsored by the institution of higher education at which the student athlete is enrolled; and using, without the express permission of the institution of higher education at which the student athlete is enrolled, the insignia, logo, or other intellectual property of the institution of higher education for any purpose.
An institution of higher education may not enter into an advertising or promotional contract with a person or entity described in paragraph (2)(A) if the institution of higher education has prohibited an enrolled student athlete from participating in intercollegiate athletics for having entered into a name, image, or likeness contract with such person or entity. An institution of higher education shall not— prohibit a student athlete from entering into a name, image, or likeness contract that complies with this Act, including through a rule, standard, or policy that affects the eligibility of the student to receive athletically related student aid (as defined in section 485(e)(8) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(e) )); or provide or arrange compensation for the student athlete for the use of the name, image, or likeness of the student or for participation in intercollegiate athletics.
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Sec. 5
Valid name, image, or likeness contract
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