164.6941 Definitions for KRS 164.6941 to 164.6951.
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/ky/chapter-164/164-6941A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 164.6941 to 164.6951, unless context otherwise requires:
(1)"Affiliated corporation" means an entity created or designated by the governing
board of an institution under KRS 164A.610 by adopted resolution;
(2)"Agency contract" has the same meaning as in KRS 164.6903;
(3)"Athlete agent" has the same meaning as in KRS 164.6903;
(4)"Compensation" means anything of value, monetary or otherwise, including but not
limited to cash, gifts, in-kind items of value, social media compensation, payments
for licensing or use of publicity rights, payments for other intellectual or intangible
property rights under federal or state law, and any other form of payment or
remuneration, but shall exclude:
(a)Tuition, room, board, books, fees, and personal expenses that a postsecondary
educational institution provides a student-athlete in accordance with the rules
of the intercollegiate athletic association of which the institution is a member;
(b)Federal Pell Grants and other state and federal grants or scholarships
unrelated to and not awarded because of a student-athlete's participation in
intercollegiate athletics or sports competitions;
(c)Any other financial aid, benefits, or awards that an institution provides a
student-athlete in accordance with the rules of the intercollegiate athletic
association of which the institution is a member; or
(d)The payment of wages and benefits to a student-athlete by an institution for
work actually performed, but not for athletic ability or participation in
intercollegiate athletics, at a rate commensurate with the prevailing rate for
similar work in the locality of the institution;
(5)"Enrolled" has the same meaning as in KRS 164.6903;
(6)"Image" means a picture or video of the student-athlete;
(7)"Institutional agreement" means a written contract or agreement between a student-
athlete and an institution or its affiliated corporations that gives compensation to the
athlete, including but not limited to sharing revenue as permitted or as required by a
legal settlement or applicable law. Such compensation may be in exchange for the
use of the student athlete's name, image, or likeness, institutional brand promotion,
or other rights;
(8)"Intercollegiate athletic association" or "association" means any athletic association,
athletic conference, or other similar organization which acts as an organizing,
sanctioning, scheduling, or rule-making body of intercollegiate athletic events in
which postsecondary educational institutions take part, or an officer, director, or
employee of such entities;
(9)"Intercollegiate athletics" has the same meaning as "intercollegiate sport" in KRS
164.6903;
(10)"Likeness" means a physical, digital, or other depiction or representation of the
student-athlete;
(11)"Name" means the first, middle, or last name, or nickname of the student-athlete
when used in a context that reasonably identifies the student-athlete with
particularity, which may include a team number, symbol, logo, or brand;
(12)"Name, image, and likeness agreement" or "NIL agreement" means a written
contract or agreement between a student-athlete and a third party that gives
compensation to the athlete in exchange for the use of the athlete's name, image, or
likeness;
(13)"Official team activities" means activities a postsecondary educational institution
requires a student-athlete to participate in as part of an institutional agreement or
other written team contract that includes but is not limited to games, practices,
exhibitions, scrimmages, trainings, meetings, team appearances, team photograph
and video sessions, individual photograph and video sessions, media interviews and
appearances, marketing activities, team travel, and institutional camps and clinics;
(14)"Postsecondary educational institution" or "institution" means a public or private
Kentucky college, university, or community college that participates in
intercollegiate athletics, or an officer, director, or employee of such institutions;
(15)"Prevailing range of compensation" means a range of compensation for a valid
business purpose related to the promotion or endorsement of goods or services
provided to the general public for profit, with compensation at rates and terms
commensurate with compensation paid to similarly situated student-athletes who
are not current or prospective student-athletes at the institution;
(16)"Prospective student-athlete" means a person who is not currently enrolled in a
postsecondary educational institution but has been identified by that institution for
possible recruitment and participation in intercollegiate athletics;
(17)"Recruit" or "recruitment" means to attempt to influence a person's choice of
postsecondary educational institution;
(18)"Student-athlete" means a person who:
(a)Has entered into an institutional agreement or other contract to enroll and
participate in intercollegiate athletics as an athlete at an institution; or
(b)Is enrolled and participates as an athlete in intercollegiate athletics at an
institution; and
(19)"Third party" means a person or entity, other than an institution, affiliated
corporation, or an association, that offers, solicits, or enters into an NIL agreement.