Miami NIL Policy

1. State Law/NCAA Interim Policy:

• In June 2021, the NCAA adopted its interim Name, Image, and Likeness policy (the “Policy”) in response to pending state NIL laws around the country.  This new Policy suspended the application of existing NCAA bylaws focused on NIL activities for student-athletes. In their place, the Policy requires an educational institution to follow the regulatory parameters set forth by its State’s NIL law. In States without an NIL law, an institution is required to draft and publish reasonable NIL policies that are to be followed by student-athletes.  Given that the University of Miami is a Division I institution within the State of Florida, University of Miami student-athletes must participate in NIL activities in compliance with the regulations set forth in Florida’s NIL law (Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us).

2. NIL Activities:

• In addition to the Florida NIL law, the University of Miami has its own department policies that are applicable to the NIL activities of its student-athletes.
• NIL activities governed by the Policy, Florida NIL law, and University of Miami athletics policies include (but are not limited to): social media endorsements, commercials, in-person appearances, autograph signings, and other similar activities in which a business, brand, product or service is promoted.
• For a student-athlete to receive NIL compensation within the above policies/guidelines, there must be a quid pro quo for a deliverable item or service from the student-athlete. Student-athlete NIL agreements should include the expected NIL deliverables by a student-athlete in exchange for the agreed-upon compensation and student-athletes must be compensated only for work actually performed.
• Student-athletes must disclose all NIL activities to the athletics department through the Opendorse disclosure app. Disclosures must be received by the department at least 48 hours prior to the execution of the applicable NIL agreement in order for the department to confirm that the agreement meets both the Florida NIL law and department policy.
  • All disclosures shall be through Opendorse and include all required information.
  • Student-athletes may consult with Athletic Compliance in advance of entering into any agreements for NIL activity.

3. Compensation:

• All compensation received (monetary, tangible items, and intangible benefits) shall be in exchange for actual and performable NIL activities. Student-athletes must also disclose proof of their deliverable activity through the Opendorse app.

4. Limitations on Who May Provide NIL Opportunities:

• The directors, officers, and employees of the University of Miami and entities whose purpose includes supporting or benefitting the athletic department or institution are prohibited from compensating or causing compensation to be directed to current student-athletes for their NIL.
  • Providing NIL education-related support and services is allowed if approved in advance by Athletic Compliance.
  • Boosters and supporters of the institution and/or its athletic department and third parties may provide compensation to a student-athlete for his/her NIL in accordance with State law and the Policy.

5. Limitations on NIL Activity:

• All student-athletes are provided with the Athletics Department policy that lays out prohibited categories for NIL activities. Questions about whether an NIL opportunity meets this policy can be directed to the Compliance Office.

6. Representation:

• A student-athlete may obtain professional representation (e.g., agent, lawyer, marketing representative) to assist with securing opportunities for NIL compensation.
  • An athlete agent representing a student-athlete for purposes of securing compensation for their NIL must be registered with the State of Florida. An attorney representing a student-athlete for purposes of securing compensation for the use of their name, image, or likeness must be a member in good standing of The Florida Bar.
  • The duration of a contract for representation of a student-athlete or compensation for the use of NIL may not extend beyond the student-athletes’ collegiate eligibility.
  • Agents may contact the compliance office directly for consultation on whether NIL opportunities conform to State law and department policy.

7. International Student-Athletes:

• International student-athletes are subject to the terms of their student visas. All off-campus employment must be approved by the University of Miami’s International Student and Scholar Services Office.
• NIL activities that occur while a student-athlete is subject to the terms of their student visa must also conform to visa requirements.

8. Use of University Intellectual Property:

• Absent written approval by the University, a student-athlete may not utilize University of Miami registered trademarks, products protected by copyright, or official logos, marks, or colors during their NIL activities.
  • Businesses interested in securing the use of protected University of Miami IP should contact the department MMR representatives.
• Per NCAA regulations, a student-athlete may not autograph, sell, or exchange for anything of value, items received as part of their participation in athletics at the University of Miami (e.g., awards, gear, other products, etc.).

Guidance Related to Prospective Student-Athletes (PSAs)

• Please see NCAA’s “Guidance Regarding Third Party Involvement,” available at:  May2022NIL_Guidance.pdf (ncaaorg.s3.amazonaws.com).
• Recruiting conversations between an individual or entity that has triggered booster status (“booster/NIL entity”) and a PSA are not permissible.
• Booster/NIL entity may not communicate (e.g., call, text, direct message) with a PSA, a PSA’s family, or others affiliated with the PSA for a recruiting purpose or to encourage the PSA’s enrollment at a particular institution.
• An NIL agreement between a PSA and a booster/NIL entity may not be guaranteed or promised contingent on initial or continuing enrollment at a particular institution.
• Institutional coaches and staff may not organize, facilitate, or arrange a meeting between a booster/NIL entity and a PSA (e.g., provide the individual or entity with a recruiting list or watch list, including the NCAA Transfer Portal).
• Institutional coaches and staff may not communicate directly or indirectly with a PSA on behalf of a booster/NIL entity.
• NIL agreements must be based on an independent, case-by-case analysis of the value that each athlete brings to an NIL agreement as opposed to providing compensation or incentives for enrollment decisions (e.g., signing a letter of intent or transferring), athletic performance (e.g., points scored, minutes played, winning a contest), achievement (e.g., starting position, award winner) or membership on a team (e.g., being on roster).

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