53H-6-202. Use of a student athlete's name, image, or likeness in intercollegiate athletics programs -- Contracts -- Exceptions -- Prohibitions.

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

Effective 10/14/2025

(1)An institution may, except as provided in Subsection

(2), compensate a student athlete directly for use of the student athlete's name, image, or likeness.

(2)An institution may not compensate a student athlete or prospective student athlete for use of the student athlete's name, image, or likeness through:

(a)funds the Legislature appropriates; or

(b)a fee a student attending an institution pays to the institution.

(a)A student athlete may not enter into a student athlete agreement that contains a prohibited endorsement provision.

(b)A student athlete agreement or any communication, or other material related to a student athlete agreement, including those created before May 1, 2024, is not subject to Title 63G, Chapter 2 , Government Records Access and Management Act.

(4)A student athlete attending an institution is not an employee of the institution through:

(a)the student athlete's participation in an athletic program the institution offers; or

(b)the institution compensating the student athlete for use of the student athlete's name, image, or likeness.

(5)The board shall:

(a)beginning fiscal year 2028 and every five years thereafter, conduct an audit of each institution that evaluates:

(i)money an institution expends to directly compensate a student athlete for the use of the student athlete's name, image, or likeness; and

(ii)the implementation and use of payments by an institution to a student athlete for a student athlete's name, image, or likeness; and

(b)prepare and submit a written report for the audit described in Subsection

(a)to the Education Interim Committee and the Higher Education Appropriations Subcommittee.

(6)An athletic entity may not:

(a)prevent a student athlete of an institution from fully participating in intercollegiate athletics because the student athlete:

(i)earns compensation through the student athlete's name, image, or likeness; or

(ii)obtains professional representation from an athlete agent or attorney;

(b)prevent an institution from becoming a member of an athletic entity or from participating in intercollegiate athletics that an athletic entity sponsors because a student athlete of an institution or college participating in intercollegiate athletics:

(i)earns compensation from the use of the student athlete's name, image, or likeness; or

(ii)obtains professional representation from an athlete agent or attorney; or

(c)prevent an institution, institutional marketing associate, or third-party entity from creating and supporting opportunities for a student athlete to earn compensation for use of the student athlete's name, image, or likeness.

Renumbered and Amended by Chapter 8 , 2025 Special Session 1