Sec. 3. Protection of name, image, and likeness rights of student athletes

322 words·~1 min read·/bill/119/hr/3847/ih/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Except as provided in paragraph (2), no institution, conference, or interstate intercollegiate athletic association may restrict the ability of a student athlete to enter into a name, image, and likeness agreement. An institution, conference, or interstate intercollegiate athletic association may restrict the eligibility of a student athlete for intercollegiate athletic competitions if such student athlete enters into a name, image, and likeness agreement that— violates the code of student conduct of the institution at which the student athlete is enrolled; negatively impacts the reputation or public image of such institution; or conflicts with the terms of an existing contract or agreement of such institution.

Not later than 60 days after the date on which a student athlete enters into a name, image, and likeness agreement, such student athlete shall disclose the terms of such agreement to the institution at which such student athlete is enrolled. Except as provided in section 6, an institution may not release any information provided by a student athlete in a disclosure provided under subparagraph

(A)without the express written consent of such student athlete or the NIL representation of the student athlete. No institution, conference, or interstate intercollegiate athletic association may prohibit the participation of a student athlete in an intercollegiate athletic competition, or events relating to an intercollegiate athletic competition, on the basis that the student athlete has obtained NIL representation. A name, image, and likeness agreement is void from the inception of such agreement if such agreement does not satisfy the following requirements: The agreement is in writing. The agreement contains— a description of any services to be rendered under the agreement; the names of the parties to the agreement; the term of the agreement; the amount of compensation to be provided to the relevant student athlete under the agreement; and a provision specifying under what circumstances or events the agreement may be terminated on account of non-performance of obligations by the relevant student athlete.