Hardin-Simmons University
Name Image Likeness (NIL) Policy

 
Name, Image, and Likeness (NIL): Refers to an individual’s right to publicity, including their name, photograph, likeness, voice, and other personal attributes.
 
NIL Activity: Any activity in which a student-athlete’s NIL is used for compensation, including endorsements, advertisements, appearances, or social media promotions without violating their amateur status. Compensation must be for the NIL activity and not for a recruiting inducement or an inducement to remain enrolled at Hardin-Simmons University.
 
We support our student-athletes in pursuit of NIL activities in alignment with the university and the athletics department. Our NIL policy applies to all currently enrolled student-athletes and committed prospective student-athletes.
 
Student-athletes who take advantage of NIL opportunities must continue to comply with all NCAA D3, University, State, and Department academic standards and policies. They must also comply with team rules of conduct.
 
NIL Rules:

• Quid Pro Quo – for all NIL deals, there must be proof of an activity/service completed by the athlete in exchange for compensation. Student-athletes cannot be provided cash or the equivalent without the promotional/service aspect.
• No “Pay for Play” – no NIL deal can be based on an athlete’s athletic performance or accomplishments (for example: you cannot pay a quarterback for every touchdown pass they throw or a softball player for every homerun they hit)
• Disclosure of Deals – all NIL deals must be disclosed to the institution via the Opendorse platform. Failure to report NIL agreements will result in a review by the National Coordinating Committee following a self-report filed by the student-athlete’s institution.

 
(INSERT SCHOOL) Specific NIL Rules:

• Disclosure of Deals – Due to Hardin-Simmons partnership with Opendorse, all disclosures must be submitted via the Opendorse app which will automate the required disclosure to Hardin-Simmons University administration. Failure to disclose NIL deals may result in disciplinary actions.

 

• Prohibited Categories – student-athletes may not participate in NIL opportunities that are connected or associated with:
  • Gambling
  • Banned or eligible substances
  • Adult entertainment
  • Tobacco
  • Alcohol

 

• Permissible NIL activities – student-athletes are permitted to engage in the following types of NIL activities:
  • Endorsements, sponsorships, and social media promotion
  • Autograph signing
  • Video shoutouts
  • Appearances (community events, businesses, etc.)
  • Private lessons/camps or personal training/coaching
  • Public speaking engagements (virtual or in-person)
  • Starting and promoting their own business
  • Licensing and selling merchandise with their NIL

 

• Acceptable forms of compensation – student-athletes can receive monetary cash payment or in-kind compensation. Examples of in-kind compensation include free or discounted goods/services included but not limited to:
  • Merchandise/apparel (clothes, shoes, etc.)
  • Product/goods
  • Gift cards
  • Food/meals
  • Travel/hospitality (transportation, accommodations, event access, etc.)
  • Health/wellness services (physical therapy, mental health, yoga classes, etc.)
  • Housing/living (rent, utilities, moving services, etc.)

 

• Use of Hardin-Simmons Intellectual Property/Marks/Logos – student-athletes are not permitted to conduct a NIL deal using HSU institutional logos or marks without receiving prior written approval from the Director of Athletics.

 
Use of Hardin-Simmons and Athletic-specific Facilities – student-athletes must get written approval from the athletics administration’s office 72 hours prior to usages and receive approval before utilizing Hardin-Simmons and athletic-specific facilities to conduct a NIL deal/activity (like photoshoots, camps/lessons, etc.) and will be required to go through the proper reservation process which may include paying the standard facility rental rate. Student-athletes may not use HSU facilities in such a manner that creates the impression – either express or implied- that Hardin-Simmons expressly or indirectly endorses a third party or product, unless prior written approval is obtained from the Hardin-Simmons Marketing Department.
 

• Academic and Team Obligations – Participation in NIL activities must not interfere with academic responsibilities or team activities.

 

• Education and Resources – Hardin-Simmons student-athletes, department staff and coaches will be provided education from NIL provider, Opendorse, through various on-demand digital resources, webinars, virtual sessions and on-campus workshops/trainings.

 
Common FAQ’s
 

• Are all forms of compensation taxable income?
  • Yes, for all deals and compensation of any type or amount is considered taxable income for athletes. Most commonly operating under independent contractor rules. All NIL deals executed via the Opendorse platform will allow for ease of payment facilitation and tax management (1099 distribution, etc.).

 

• Can international student-athletes participate in NIL deals?
  • International student-athletes must first have a conversation with the Director of Athletics before entering into a NIL agreement. There are important guidelines to consider for international athletes before engaging and completing an NIL deal. Engaging in certain NIL opportunities and receiving compensation may have a negative effect on their visa or immigration status. International student-athletes must not enter into any NIL deal without also consulting with the Office of International Programs.

 

• When executing a NIL deal, does there need to be a contract in place? If so, who handles that?
  • All NIL deals require a contract or written agreement for proof as a part of the compliance disclosure. All deals sent via the (Hardin-Simmons marketplace link will automatically have compliant standard terms and conditions. For any deals executed outside of the Opendorse platform, the athlete is responsible for coordinating and disclosing all deal information. As for creation of the agreement, it is up to the athlete and the party they are executing the deal with to determine responsibility for creation and determination of contract terms.