Bemidji State University Name, Image and Likeness (NIL) Policies
(Due to often-shifting landscapes these policies are subject to change as laws and NCAA legislation are enacted)
- A student-athlete (SA) use and monetization of his/her name, image and likeness (NIL) may involve a wide range of activities including, but not limited to:
- Traditional commercials or promotional campaigns for products or services
- Developing and promoting his/her own business
- Personal appearances
- Running his/her own camps and clinics
- Providing and promoting private lessons
- Sponsored social media posts
- Autograph sessions
- Compensation for a SA must be within fair market value and must be for actual work/services performed.
- Bemidji State University, the athletic department, and/or staff members are prohibited from setting up NIL opportunities for a current or prospective SA.
- Compensation may not be provided to a SA or PSA in exchange for athletic performance or attendance at Bemidji State University.
- The expectation is that NIL compensation opportunities will not conflict with academic- or team-related activities. A SA shall not miss athletic practice, competition, travel or other team obligations in order to participate in an NIL opportunity.
- Restrictions on use of Bemidji State University-created intellectual property (photograph/video) and trademarks.
- A SA or PSA may not use photos or videos containing Bemidji State University marks, logos, or other intellectual property (e.g., design, written materials, etc.) for commercial NIL activity without prior written approval from Bemidji State University Athletics Department and/or the University Communications and Marketing Office regardless of how the logo, photo, video or other intellectual property was obtained. Photos that include any Bemidji State University trademarks, including uniforms, must be obtained from the Bemidji State University Athletics Department and/or the University Communications and Marketing Office, at market pricing, and with prior permission of the copyright owner.
- A SA may use photos or videos containing Bemidji State University marks, logos, or other intellectual property for your personal brand building on social media, but not in any NIL activity
- A SA must abide by all Bemidji State University identity standards, restrictions, and requirements related to the use of marks and logos, which includes all aspects of the uniform. A SA may not use Bemidji State University’s name, logos, or trademarks for a commercial purpose unless those rights have been secured through an agreement with the appropriate Bemidji State University entity (e.g., Director of Communications and Marketing, Licensing Director, licensing partner).
- A SA will not be permitted to enter into NIL agreements with:
- Sports wagering
- Any vendors associated with athletic performance enhancing drugs
- Alcoholic beverage
- Tobacco products (including electronic smoking devices, vapor products or products or devices that consists of or contains nicotine that can be ingested into the body)
- NCAA banned substances
- Controlled substances
- Casinos or any entity that sponsors or promotes gambling activities
- Adult entertainment products/services
- Weapons (e.g. firearms)
- The use of Bemidji State University athletic department facilities will require approval in advance (location agreements, including waiver of liability forms and applicable rental fees). Rental and waiver of liability agreements will be coordinated with the Associate Director of Campus Recreation.
- A SA must disclose all compensated NIL activities prior to the activity occurring using forms shared on Bemidji State University's athletics web page (BSUBeavers.com). Disclosure includes all details surrounding the activity (i.e., what the activity includes, when and where the activity will occur, individuals and businesses connected to the activity, compensation, your verbal or written NIL agreement, etc.).
- Failure to disclose an NIL Activity in advance could lead to eligibility consequences
- The duration of a contract for representation of a SA or compensation for the use of NIL should extend only through participation in an athletic program at Bemidji State University.
- A SA may secure representation (agent or lawyer), ONLY for NIL and NOT for future professional athletic contract negotiations. No written or oral agreements with representation for NIL purposes should have been established prior to 7/1/21.
- A SA under the age of 18 years will need parent/legal guardian approval prior to entering into any contract for compensation for his/her NIL.
- A international SA should not enter into any NIL agreements without the guidance from the Bemidji State University International Students office to guard against any potential immigration issues.
- If a SA wishes to conduct their own camp or clinic where student-athlete wishes to utilize university marks to advertise their camp or clinic, he/she must first gain permission through the proper channels to use said marks. If a SA wishes to utilize Bemidji State University facilities to conduct his/her camp or clinic he/she must rent the space at the going rate for general public rental in advance of event.
- If a SA wishes to use a Bemidji State University facility to conduct a private lesson they must rent the facility at the going rate for general public rental in advance of event.
- Pell Grant or need-based financial aid may be impacted by NIL compensation. Questions regarding the impact of NIL on financial aid packages should be directed to the Bemidji State University Financial Aid Office.
- Bemidji State University coaches, faculty or staff members are prohibited from arranging NIL opportunities for a current or prospective SA.
- Bemidji State University coaches, faculty or staff members may not be compensated (money or other goods, services) for assisting with any NIL activity (i.e., social media content, videos/photography, graphics, logos, etc.).
- Compensation or the promise of compensation offered to a PSA to convince or encourage him/her to enroll or reward them for enrolling at Bemidji State University is considered an impermissible recruiting inducement and is prohibited by NCAA legislation.
- Compensation or a promise of compensation offered to an enrolled SA for the purposes of retention or in exchange for participation in athletics is considered an impermissible extra benefit prohibited by NCAA legislation.
Representatives of Athletics Interest (Third Parties/Boosters):
- Representatives of athletics interests may only compensate or arrange compensation to a SA or PSA if such compensation is with a business/company in which the third party/booster has a direct relationship (owner, employee, etc.).
- Representatives of athletics interests are prohibited from using the assistance of a Bemidji State University staff member to engage a SA or PSA for NIL activities.
- Failure to abide by this policy will be considered a violation of the Bemidji State University Code of Conduct. A SA found responsible for policy violations may be subject to consequences including but not limited to: a warning, loss of practice privileges, Loss of competition privileges, suspension, dismissal from the program, reduction or withdrawal of athletically-related financial aid, suspension of student status, and dismissal from Bemidji State University.
Name, Image and Likeness (NIL) Disclosure Form (Complete, print and return form (link below) to Alex Carew in the Physical Ecucation Complex Office 212 or via email at: [email protected])
Name, Image and Likeness (NIL) Resources