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Policy Application
Student-Athletes, Student-Athlete Recruits, and their families can engage in NIL Activities that are consistent with PA State Law, NCAA regulations, MAC regulations (if any), and this policy, regardless of if they use Professional Representation for such Activities. Student-athletes engaging in any NIL-related activities that do not comply fully with all existing College, NCAA, MAC, and Pennsylvania state policies and laws could face loss of eligibility as well as disciplinary action. Students should refer to Albright’s Codes of Conduct for further information on disciplinary action.
The Pennsylvania legislation includes all student-athletes (NCAA and other college sport federations) but does NOT include those participating in a college intramural or club sport or those already in an outside professional sport.
A Student-Athlete’s involvement in NIL Activities will not relieve said student from the obligation to comply with all NCAA, MAC and institutional academic standards, requirements, regulations, or obligations; team rules of conduct or other applicable rules of conduct; standards or policies regarding participation in intercollegiate athletics; or disciplinary rules and standards generally applicable to Albright College students. As such, Student-Athletes may not miss required educational obligations (i.e. class, exams, etc.) or required team activities for any NIL Activity. Balancing the commitments of any NIL Activity with those of the Student-Athlete’s academic and athletic obligations is solely the responsibility of the Student-Athlete.
A Student-Athlete may acquire Professional Representation for advice, contract representation, and the marketing of their NIL so long as the professional representation is not representing the Student-Athlete in securing professional athletic opportunities. Under Pennsylvania law, such representation must be an Athlete-Agent, financial advisor, or attorney who is appropriately licensed or credentialed in the Commonwealth of Pennsylvania. Albright College is not responsible for any fees or expenses associated with securing Professional Representation.
Albright College is obligated to apply and report potential violations of NCAA legislation, MAC policies and PA State Law that remains applicable, including any prohibitions on improper inducements.
Prohibited NIL Activities
Student-Athletes, Student-Athlete Recruits, and their families are prohibited from the following:
· No agreements without quid pro quo (e.g., no compensation for work not performed; all paid compensation must be for work that is actually performed.). For example, a Student-Athlete may not receive a free car from a car dealer when the Student-Athlete provides nothing in exchange.
· No agreement can involve payment that does not reflect fair market value (i.e. all agreements must involve compensation that reflects fair market value).
· No compensation that is conditioned or contingent on enrolling at, or continuing enrollment at Albright College.
· No compensation for athletic participation or achievement. Athletic performance may enhance a Student-Athlete’s NIL value, but athletic performance may not be the “consideration” for NIL compensation. For example, a Student-Athlete may not receive NIL compensation conditioned upon being named “Player of the Year.”
· Student-Athletes may not sell or trade any equipment, apparel, or awards provided to them by Albright College as part of any NIL Activities.
· Student-Athletes may not enter into agreements for use of their NIL in any Prohibited Sponsorship Category. If a Student-Athlete enters into agreement in a Prohibited Sponsorship Category, the Student-Athlete shall be required to terminate such agreement.
Student-Athletes may not endorse or enter into business activities in categories that conflict with NCAA legislation, MAC policies, Pennsylvania State Law, or Albright’s institutional values, Inclusivity and Equity Statement, or its Expression Statement. Specifically, Prohibited Sponsorship Categories include the following:
· Casinos and gambling, including sports betting, the lottery and betting in connection with video games, online games and mobile devices
· Adult entertainment, and vendors associated with adult entertainment
· Activities that, in Albright’s sole judgement, are inappropriately sexual in nature
· Alcohol, and vendors associated with alcohol products
· Tobacco and electronic smoking products and devices
· Marijuana, and vendors associated with marijuana products
· Prescription pharmaceuticals
· A controlled dangerous substance
· Weapons or firearms of any kind, including any related products (i.e. ammunition, holsters, etc.)
· Products or services that are illegal
· Substances that are on the NCAA Banned Substance List
· Activities which are, in Albright’s sole judgment, misleading, offensive, or in violation of a statute, law, ordinance, NCAA bylaw, the College’s Inclusivity and Equity Statement, the College’s Expression Statement, or any other College policy or contractual obligation
· Activities that, in Albright’s sole judgment, adversely affect the College’s reputation and violate Albright’s Student Code of Conduct.
· Activities that, in Albright’s sole judgment, appear to create an endorsement by the College of a particular company, product, political candidate, or position regarding public policies
· Activities that, in Albright’s sole judgment, ridicule, exploit, or demean persons on the basis of their age, color, creed, physical or mental disability, national origin, citizenship, veteran status, marital status, race, religion, sex, gender identity, or sexual identity.
Neither Albright College or its employees may be involved in the development, operation, or promotion of any Student-Athlete’s NIL Activity. Furthermore, Albright College employees may not enter into agreements with, or benefit from, a Student-Athlete’s NIL Activity. Lastly, any person that represents Albright may not represent a Student-Athlete in a business agreement.
Student-Athletes may engage with Athletic Donors on NIL Activities, provided such Activities are in accord with this policy; however, such Activities must not be deemed an inducement for a prospective Student- Athlete Recruit to attend Albright College, or for a current Student-Athlete to remain enrolled at the College
Student-Athlete Disclosure Requirements
Student-athletes are required to use the provided disclosure form to disclose proposed NIL Activities, compensation arrangements, the details of their relationship with involved parties, and contact information for all parties involved in the use of their NIL Activities (including involved Professional Representation) to one of the Athletic Directors at least seven (7) days prior to committing to said activities. If arrangements and details of agreements to promote a commercial product or service are amended, the Student-Athlete must provide notice at least seven (7) days prior to the effective date of the change. A link to the disclosure form is provided here and at the beginning of this policy.
Conflict with Institutional Contracts
Student-Athletes may not participate in Endorsements or NIL Activities with a third-party that conflicts with any existing Albright College sponsorship agreements. If Albright College identifies a conflict between the Student-Athlete’s NIL Activities and an existing or proposed sponsorship agreement, the Athletic Director shall inform the Student-Athlete of such a conflict, so the Student-Athlete has an opportunity to negotiate a revision of NIL Activities with the third-party. That revision is required to be disclosed to the College using the College’s disclosure form.
Student-Athletes may not enter an apparel contract that requires the student-athlete to display a sponsor’s apparel, or otherwise advertise for a sponsor, during official team activities if the provision conflicts with a provision of the student’s institution’s team contract (e.g., the student-athlete cannot enter into a contract to wear or advertise for any other apparel brand during official team activities including but not limited to practices, competition, media days, etc. other than with whom the student-athlete’s institution/team is currently contracted).
Student-Athletes may not engage in NIL Activities while participating in required College activities or while representing Albright College (e.g. practice, competition, media obligations, team travel, team meetings, etc.).
Institutional Promotional Activities
Student-Athletes may be asked to participate in promotional activities for Albright College (which may include, but are not limited to appearances, autograph signings, digital content creation, photo shoots, and similar activities) in accordance with existing NCAA rules. Student-Athletes and their families will not be paid by Albright College to participate and may not opt out of any such activity.
Albright maintains the right to use Student-Athletes’ NIL, without compensation, in connection with the College’s promotion and broadcasts of College games and events and otherwise to promote the College and its athletic program and teams. Any provision in a contract between a Student-Athlete and a third-party or Professional Representative in conflict with this provision is null and void.
Use of Albright College or MAC Names or Marks
Albright College Student-Athletes may state that they play “[insert name of sport] at Albright College” or that they are “a member of the [insert name of sport] team at Albright College” to identify themselves in connection with NIL Activity. Student-Athletes may not, however, use the College’s name in any other manner or any other logo, marks, including those on team uniforms, or other intellectual property owned by the College in connection with their NIL Activity. Use of Albright College marks, logos, and colors are governed by Albright College’s Intellectual Property Policy.
The Middle Atlantic Conferences (MAC) prohibits Student-Athletes from using the MAC logo for personal use related to Compensation for NIL Activity
While a Student-Athlete is permitted to engage in NIL Activities on the institution’s campus, all such Activities are subject to applicable College policies and procedures regarding third parties and commercial venture use of college spaces and facilities. If requesting the use of college space and/or facilities, the Albright College’s Event Scheduling Policy should be followed.
Student-Athletes may not miss required educational obligations (e.g., class, exams or scheduled tutor/mentor sessions) or required team activities for any NIL Activity.
Student Financial Aid and Tax Considerations
In accordance with Pennsylvania law, earning compensation from the use of Student-Athlete's NIL activities will not affect the college student athlete's scholarship eligibility, duration or renewal.
However, Student Athletes who receive compensation from organizations as part of NIL Activities will be issued Form 1099s for any amount totaling $600 or more. For the purpose of awarding Title IV assistance or other need-based financial assistance, compensation reported on 1099 forms is considered by the IRS as taxable income. As such, NIL compensation noted on a 1099 would and should be reflected in the student’s adjusted gross income (AGI) for Free Application for Federal Student Aid (FAFSA) and may impact need-based federal, state, or institutional financial aid.
In addition, Student-Athletes should be aware that income from NIL Activities would be considered taxable income. Student-Athletes should consult with an appropriate tax professional regarding the tax implications of any compensation they earn. Student-Athletes are responsible for all tax, withholding, reporting, licenses, permissions, permits, expenses, fees and any other obligations, liabilities or costs associated with NIL Activity.
Royalty Payments
A person that produces an Albright College team jersey, an Albright College team video game or trading cards for the purpose of making a profit shall make a royalty payment to each Student-Athlete whose name, image, likeness or other individually identifiable feature is used. A participant number e.g., jersey number without a name is not considered an identifiable feature.
Additional Considerations
International student-athletes should seek guidance regarding the impact of any NIL Activity upon their visa status.
A Student-Athlete is not considered an employee of Albright College based on the Student-Athlete's participation in intercollegiate athletics or receipt of other institutional aid. Albright's NIL Policy shall not be construed to create an employer-employee relationship between a Student-Athlete and Albright College. Moreover, Student-Athletes are not authorized as agents or representatives of Albright College, and no commitments, representations, or obligations made by Student-Athletes will be valid, enforceable, or binding with respect to the College or any of its employees, representatives, contractors, or agents.
It is the sole responsibility of any Student-Athlete to ensure that any NIL activities in which a Student-Athlete engages complies with all existing Albright College policies, NCAA and MAC rules and regulations, Pennsylvania state laws, and any other applicable rules, regulations, ordinances, and state and/or federal laws.
Albright College has no liability to any Student-Athlete, noninstitutional entity, Professional Representative, vendor, contractor, or agent as a result of a Student-Athlete's participation in NIL activities. Further, under this policy, all Student-Athletes and any of their Professional Representatives agree to hold harmless Albright College from and against all claims, injuries, suits, and damages that may arise out of a Student-Athlete's participation in any NIL activities.
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