Fredonia University

Fredonia State student-athletes that wish to participate in Name, Image, and Likeness (NIL) activities should refer to the resources below.

Fredonia State supports student-athletes receiving compensation for use of their name, image, and likeness (NIL) from sources outside the college.  Compensation means any form of payment, including but not limited to cash, gifts, in-kind items of value, discounts, social media compensation, payments for licensing or use of publicity rights, and payments for other intellectual or intangible property rights.

SUNY Fredonia and the Fredonia State Department of Athletics have developed specific policies to address NIL activities of student-athletes.  All student-athletes must follow department protocols in reporting NIL activities.  NIL activities must adhere to all Fredonia State Athletics regulations.  Failure to follow department protocols or failure to adhere to Fredonia State Athletics regulations could potentially jeopardize the NCAA eligibility of the student-athlete or result in dismissal from the athletics program.

NAME, IMAGE, & LIKENESS (NIL) DEFINED

A NIL activity includes any situation in which a student-athlete’s name, image, likeness, or personal appearance is used for promotional purposes by a non-institutional entity, including the individual student-athlete, a commercial entity, or a nonprofit or charitable entity.

Student-athletes’ use and monetization of their name, image, and likeness may involve a wide range of activities, including but not limited to:

• Traditional commercials or advertisements for products or services
• Student-athletes developing and promoting their own business
• Personal appearances
• Student-athletes running their own camps or clinics
• Providing private lessons (and using their name or image to promote those lessons)
• Sponsored social media posts
• Autograph sessions

DISCLOSURE REQUIREMENTS

Prior to the execution of a contract by a student-athlete for NIL activities, the student-athlete would have to disclose such prospective contract to the designated institutional official for review.  Student-athletes are required to disclose the contact information for all parties involved in the use of their name, image, and likeness, as well as any involved professional service providers.  The student-athlete must also disclose compensation arrangements and the details of their relationship with involved parties.

A student-athlete may not enter into a contract providing compensation for use of their NIL if a provision of the contract causes a conflict in the following manner:

• The proposed contract would cause the student to violate the SUNY Fredonia Student Rights and Responsibilities, Fredonia State Athletics Student-Athlete Code of Conduct, Fredonia State Athletics Compliance Manual, or the student-athlete’s team rules as established by the head coach.
• The proposed contract would conflict with an existing contract or sponsorship SUNY Fredonia participates in.
• The proposed contract would reasonably be judged to cause financial loss or reputational damage to SUNY Fredonia.
• The proposed contract would require actions by the student-athlete during team activities.
• The proposed contract would use SUNY Fredonia’s name, brand, copyrighted materials, trademarks, service marks, symbols, nicknames, trade dress, insignia, mascot, uniform styles, colors, imagery, campus landmarks, or any other intellectual property of SUNY Fredonia.
• The proposed contract would require the student-athlete to display a sponsor’s product, logo, brand or other indicia, or otherwise advertise for a sponsor, during official team activities or any other time if such sponsor is a competitor of, or offers products or services within the same category as a sponsor of SUNY Fredonia.
• Other potential conflicts causing harm to SUNY Fredonia.

In the event SUNY Fredonia asserts a conflict described above, the College will disclose the relevant contractual provisions that are in conflict to the student-athlete or the student-athlete’s legal representation.  However, SUNY Fredonia is not required to disclose any financial terms of the contract in question, unless otherwise required by law.

A student-athlete who enters into a contract providing compensation to the student-athlete for use of the student-athlete’s NIL must disclose the contract to Fredonia State Athletics in advance of executing the contract to the designated institutional official.  The disclosure form will be made available to all student-athletes.

A student-athlete who received additional compensation outside of the disclosed NIL agreement could jeopardize their eligibility.  Failure to disclose NIL activity in advance could lead to violations of NCAA, institutional, or state violations which could potentially impact eligibility.

NIL GUIDELINES:  LOGOS, BRANDING, ETC.

Student-athletes may not use or sell any SUNY Fredonia or Fredonia State Athletics apparel, equipment, facilities, the institution’s name, brand, copyrighted materials, trademarks, service marks, symbols, nicknames, mascot, uniform styles, imagery, campus, or any other intellectual property.

Student-athletes may not speak on behalf of SUNY Fredonia or Fredonia State Athletics and may not announce that any product, service, company, business, etc. are the “official” or “exclusive” (or any similar language) partner or sponsor of SUNY Fredonia or Fredonia State Athletics.

NIL GUIDELINES: ATTENDANCE AT TEAM AND UNIVERSITY ACTIVITIES

Student-athletes may not engage in NIL activities during the following:

• Organized team practice, training, weights, lifting, conditioning, competition, team travel, team meals, team meetings, sports medicine activities, Fredonia State Athletics community service activities, Fredonia State Athletics media events, or any other countable athletically-related activities.
• During the student-athlete’s class time or other educational obligation as established on the SUNY Fredonia official class schedule.
• Mandatory study hall hours, tutoring appointments, and other mandated academic obligations as dictated by the coaching staff or academic staff.

NIL GUIDELINES: CONFLICTS WITH UNIVERSITY VALUES AND PROHIBITED ACTIVITIES

A student-athlete may not enter into an agreement with a third-party that conflicts with any existing sponsorship agreements.  If the institution identifies a conflict between the student-athlete’s NIL activities and an existing sponsorship agreement, the institution shall inform the student-athlete of such a conflict so the student-athlete has the opportunity to negotiate a revision of NIL activities with the third-party.  That revision is also subject to additional review and approval by the institution.

Student-athletes may not receive compensation which is conditioned or contingent on enrolling at, or continuing enrollment at any specific collegiate institution, or based on any specific athletic performance or achievement.

Prohibited sponsorship categories include, but are not limited to the following:

• Activities in violation of the SUNY Fredonia Student Rights and Responsibilities, Fredonia State Athletics Student-Athlete Code of Conduct, Fredonia State Athletics Compliance Manual, or the student-athlete’s team rules as established by the head coach.
• Activities associated with any form of gambling in any format, including casinos, racinos, off-track betting, fantasy sports, and/or online sports wagering.
• Activities associated with cannabis or any forms of street or recreational drugs or any substance on the NCAA banned substances list.
• Activities associated with tobacco or smokeless tobacco or vaping.
• Activities associated with alcohol sales or use, including nightclubs or bars.
• Activities associated with all forms of adult entertainment, pornography, and gentlemen’s clubs.
• Activities deemed otherwise damaging to SUNY Fredonia’s reputation.
• Activities that take place at the institution, with the exception of use for teaching lessons or for camp/clinic, provided the rental agreement is in line with that available to the general public or any outside organization.
• SUNY Fredonia reserves the right to restrict other categories of companies, brands, or types of contracts that are similar to the above industries.