Professional Representation, Agents, & Service Providers
May student-athletes obtain representation from professional service providers, such as athletic agents, marketing agents, tax professionals, etc., for purposes of NIL?
Yes, a student-athlete may obtain professional representation from a professional service provider duly licensed by the State of California. California law provides that an athletic agent must comply with the federal Sports Agent Responsibility and Trust Act “in their relationships with students.” In representing the student-athlete, the professional service provider is limited to NIL representation opportunities only. Finally, the student-athlete must pay the fair market value for such professional representation.
May the student-athlete, in paying the fair market value for NIL professional representation services, enter into an agreement where payment is contingent on NIL deals secured by the professional representative?
Yes. A student-athlete may enter into a representation agreement whereby the rate of payment is contingent on NIL deals secured (e.g., number secured, rate of pay secured, etc.). However, the agreement must include a term addressing payment in the circumstance that no deals are secured.
- Do: A marketing representative trying to break into the athletics industry offers to represent a student-athlete for purposes of NIL. The two parties enter a one-year contract which stipulates the representative will not receive any upfront payments for services rendered; however, the representative will receive a 20% commission on all NIL deals secured for the student-athlete. Moreover, the agreement includes a clause that should the representative not secure any NIL deals come the one-year mark, the student-athlete will pay $500 for all services rendered over the past year.
While not in an upfront method, the student-athlete will be paying for the professional services rendered by the marketing representative, therefore resulting in a permissible arrangement.
- Don’t: A marketing agent trying to break into the sports marketing industry offers to create free NIL graphics of the student-athlete. Thereafter, the student-athlete can post the graphics agent’s NIL marketing portfolio. The student-athlete agrees to the deal, posting the free graphics she received on social media.
The student-athlete is not paying for the professional services rendered, therefore resulting in an impermissible extra benefit.
May an athlete agent represent a current student-athlete to a professional sports team or organization?
No. NCAA rules still prohibit agents marketing athletics abilities of student-athletes to professional sports teams or organizations. Per NCAA rules, should an agent market the athletic ability of a student-athlete to pursue professional sports opportunities, the student-athlete is deemed no longer eligible for intercollegiate athletics (this aligns with the NCAA’s interpretation that such action is akin to professionalization in the sport).
May a professional service provider provide any benefits to a student-athlete, their family member, or their friends that are not specifically included as part of the professional representation agreement?
No. Any benefits outside of those explicitly provided in an NIL agreement constitutes an extra benefit and can affect a student’s eligibility. Any benefits provided must be outlined in the NIL services agreement.
What is an “extra benefit"?
An “extra benefit” is any special arrangement to provide a student-athlete or the student-athlete family member or friend a benefit not authorized by NCAA regulations. Receipt of a benefit by student-athletes or their family members or friends is not a violation if it is demonstrated that the same benefit is generally available to Stanford students or their family members or to a particular segment of the student body (e.g., international students).
Must a student-athlete’s athlete agent be registered with Stanford?
Yes, a student-athlete must provide the Stanford Athletics Compliance Office with the name and contact information for any athlete agent providing professional representation. The athlete agent must be registered with the Stanford Athletics Compliance Office via the Athlete Agent & Advisor Registration Form. Stanford Athletics Compliance will also confirm an athlete agent is registered with the State of California. Stanford Athletics will not assess the ability or reputation of an agent.
Are student-athletes required to notify Stanford Athletics if they are represented by a professional service provider?
Student-athletes should notify the Stanford Athletics Compliance Office by submitting a Student-Athlete Professional Service Provided Disclosure Form located in ARMs. Stanford Athletics will not assess the ability or reputation of a professional service provider.
Stanford Athletic Staff Involvement
Will the Stanford Athletics Compliance Office review student-athlete NIL agreements in advance of signing?
Yes. However, Stanford Athletics Compliance will provide feedback as to whether the agreement complies with California law, NCAA rules and regulations, and Stanford policies only. Stanford will not provide feedback as to any other terms of the agreement. Moreover, Stanford is only permitted to provide feedback directly to the student-athlete and/or their parent(s) (i.e., not other parties including agents, businesses, boosters, etc.). Stanford Athletics recommends that all third parties seeking to enter into a deal with a student-athlete draft the NIL agreement language and send it to the student-athlete and the Athletics Compliance Office for review. The Stanford Athletics Office will then work with the student-athlete on any questions or issues identified.
Will the Stanford Athletics Compliance Office review recruit NIL agreements in advance of signing?
Yes. For recruits who have committed to Stanford (e.g., signed athletic aid agreement or been approved for admission to attend Stanford), the Stanford Athletics Compliance will provide feedback as to whether a NIL agreement complies with California law, NCAA rules and regulations, and Stanford policies only. Stanford will not provide feedback as to any other terms of the agreement. Moreover, Stanford is only permitted to provide feedback directly to the recruit and/or their parent(s) (i.e., not other parties including agents, businesses, boosters, etc.).
May Stanford coaches and staff engage in NIL discussions with student-athlete agents (e.g., marketing agent, athlete agent, etc.)?
No. Stanford policy prohibits coaches and staff from, explicitly or implicitly, facilitating or arranging any NIL deals. As such, coaches and staff are not permitted to engage in NIL discussions with student-athlete agents.
May Stanford coaches and staff recommend or facilitate an NIL agreement between a student-athlete agent?
No. Stanford policy prohibits coaches and staff from recommending or facilitating an NIL agreement between a student-athlete and a student-athlete agent.
Are coaches and staff permitted to pass along written inbound NIL inquiries they receive from a third party or booster to student-athletes?
Yes. Coaches and staff may forward along a written inbound NIL inquiry to student-athletes. This is the case whether the inbound inquiry is specifying a desire to work with a specific student-athlete, a subset of student-athletes, or all student-athletes. Coaches and staff are not permitted to engage in verbal conversations with outside parties to collect NIL inbound inquiry information. However, in forwarding the inquiry to student-athletes, coaches and staff must include the templated email created by Stanford Athletics. This email language notes that in forwarding along the inquiry, Stanford Athletics is not signifying an endorsement of the third party or booster. Further, the language notes that Stanford neither encourages or discourages student-athletes from engaging in any NIL activities.
Exception: if a student-athlete has previously indicated to the coach and staff that they do not wish to be forwarded written inbound NIL inquiries, the coach and staff members will not engage in such practices. For any written inbound NIL inquiries, please include the following email address on the communication: athleticsnil@stanford.edu.
- Do: A Stanford dietician receives an email from a vendor that sells electrolytes stating they would like to work with a specific student-athlete to perform a NIL deal to promote their product. The dietician accesses the template language for forwarding written inbound NIL inquiries, adds the necessary language at the top of the email, and forwards it along to the respective student-athlete. All future communications between the vendor and the student-athlete do not include the Stanford dietician.
This would constitute a permissible passing along of information, as the Stanford dietician did not engage in any manner with the vendor. As such, this would not be considered facilitating or arranging a NIL deal on the part of the Stanford dietician.
- Don’t: A Stanford coach receives a call from a booster noting they would like to work with a specific student-athlete to perform a NIL deal to promote a charitable organization. The coach says they’d be happy to help pass along the information. The coach takes notes on the details of the deal and the contact information for the booster.
The coach then writes up the details discussed in an email, adding the required template language at the top, and sends it along to the student-athlete.
Due to the fact that there was discussion between the booster and the coach about the possible deal, there is an automatic presumption that assessment, facilitation, or arrangement of the NIL deal occurred. Unfortunately, this scenario would violate institutional policy.
Student Obligations
May a student-athlete miss class to engage in NIL related activity?
Student-athletes must work with their professors to seek approval for any missed class time to engage in NIL activities. Stanford Athletics is not able to provide approval for student-athletes missing class.
May a student-athlete miss Stanford Official Team Activities to engage in NIL related activity?
No. Student-athletes may not miss any Official Team Activities, defined under the Stanford NIL Policy to include all Countable Athletically Related Activities (“CARA”) and Required Athletically Related Activities (“RARA”), for the purpose of NIL-related activities.
- Examples of CARA include, but are not limited to:
- Practice
- Competition
- Strength Training
- Film review
- Team meetings
- Examples of RARA include, but are not limited to:
- Athletics related meetings (compliance, academics, etc.)
- Recruiting-activities
- Press conferences
- Travel to and from away competitions
May a student-athlete engage in NIL activities during Stanford Official Team Activities?
No. Per Stanford policy, and in adherence with California law, student-athletes are not permitted to engage in NIL activities during Official Team Activities.
- Do: An electronics company thinks it would be great exposure to have a student-athlete wear their headphones during athletic activities. The company extends a NIL agreement to the student-athlete offering $200 for every non-Stanford affiliated post showing the student-athlete wearing the headphones.
So long as this arrangement is done outside of Official Team Activities, and adheres to Stanford Branding & Policies, this would be permissible.
- Don’t: An electronics company thinks it would be great exposure to have a student-athlete wear their headphones during Stanford pre-game warms up. Toward that end, the company extends a NIL agreement to the student-athlete offering $200 for every Stanford pre-game warm up that the student-athlete wears the headphones.
This arrangement would constitute an impermissible arrangement of NIL activities during Official Team Activities.
Stanford Branding
Can student-athletes use the Stanford brand (e.g., block S, campus landmarks, Cardinal color, etc.) during NIL activities?
No. Please refer to the Stanford Branding & Policies section for more information and practical examples.
NIL Disclosure
Must NIL deals be documented in writing?
Stanford recommends all NIL deals be documented in writing. Please refer to the NIL Disclosure section for more information and practical examples.
Must a student-athlete disclose the details of their NIL agreements?
Yes, however, Stanford Athletics Compliance will provide feedback as to whether the agreement complies with California law, NCAA rules and regulations, and Stanford policies only. Stanford will not provide feedback as to any other terms of the agreement. Please refer to the NIL Disclosure section for more information and practical examples.