Name, Image, Likeness: NIL Policy

I. Purpose

Pursuant to the laws of the Commonwealth of Pennsylvania and the NCAA legislation, student-athletes may profit from the use of their name, image, and likeness (NIL). The Westminster College NIL Policy provides guidelines for how Westminster College (hereinafter the “College”) will monitor those activities and describes acceptable activities and restrictions on student-athletes, employees, and others regarding those activities. The policy also states how a student-athlete must disclose NIL activities in which they plan to participate.

II. Definitions Used in this Policy

1. Name, Image, and/or Likeness Activities
   1. A NIL activity is any activity in which a prospective student‐athlete or student‐athlete’s name, image, likeness, or personal appearance is used for promotional purposes by the prospective student‐athlete or student‐athlete themselves, or any other individual or entity other than the College including, but not limited to a commercial, nonprofit, or charitable entity.
   2. Examples of how student‐athletes could use their name, image, and likeness for compensation (not an exhaustive list):
      1. Create and promote their own business
      2. Promote a corporate entity (e.g., brand ambassador, social media influencer)
      3. Establish their own camp/clinic
      4. Personal appearance
      5. Autograph session.
2. Booster
   1. A “representative of Westminster College’s athletics interests” (Booster) is an individual, independent agency, corporate entity (e.g., apparel or equipment manufacturer) or other organization who is known (or who should have been known) by a member of Westminster College’s executive or athletics administration to:
      1. Provided a donation in order to obtain season tickets for any sport at the university.
      2. Participated in or has been a member of an organization promoting the university’s athletics programs.
      3. Made financial contributions to the athletic department or to a university booster organization.
      4. Arranged for or provided employment for enrolled student-athletes.
      5. Assisted or has been requested by university staff to assist in the recruitment of prospective student-athletes.
      6. Assisted in providing benefits to enrolled student athletes or their families.
      7. Been involved otherwise in promoting university athletics.
   2. Once an individual is identified as a “representative of the institution’s athletics interests,” the person retains that identity forever.
3. Compensation
   1. Compensation is any remuneration for provided services or goods. Student‐athletes may be paid for work performed and at a rate commensurate to market value for similar activities. Additionally, compensation may not be provided as a recruiting inducement or grant‐in‐aid expenses.
4. College Involvement
   1. A Westminster College employee, contractor, or volunteer coach / trainer may not be involved directly or indirectly in finding compensation opportunities for a student‐athlete or directly or indirectly providing compensation to a student‐athlete including promoting a student‐athlete’s goods or services. Additionally, Westminster College employees and contractors may not involve themselves in securing professional representation for student‐athletes.
5. College Intellectual Property
   1. Westminster College is recognized by several words, phrases, seals, logos, graphic devices, and artwork. For example, “Titans” is one of many of Westminster College’s property. Student‐athletes are not permitted to use such intellectual property in a NIL activity. (Wearing a Westminster College uniform or item of clothing with a Westminster College logo in a NIL activity or having a Titan logo in the background, such as the logo on the Football field in a NIL activity are examples that are not permitted).
6. Athletic Facility
   1. Athletic facilities include all those facilities owned or used by the Westminster College Athletic Department. Student‐athletes who wish to use Athletic facilities when participating in NIL activities must follow the applicable Westminster College policy to rent those facilities.
7. Market Value
   1. A rate of compensation to a student‐athlete for the use of their NIL based on a current and open market.
8. Professional Service Provider
   1. A professional service provider is one who provides services to a student‐athlete regarding their name, image and likeness. It includes, but is not limited to, an agent, tax advisor, marketing consultant, attorney or anyone who is employed or associated with such persons. Westminster College employees may not act in this capacity and they may not identify those who could act in this capacity for student‐athletes. Those acting in this capacity must carry the appropriate certification per state law.
9. Recruiting Inducements
   1. Arrangement or other direct or indirect method to give or offer to give a prospective student‐ athlete or their family benefits that are not expressly permitted by NCAA regulations.
10. Team Contract
    1. Any agreement between a student‐athlete and the College that could impact the student‐ athlete’s eligibility to participate in an intercollegiate sport, including, but not limited to, scholarship agreements or participation agreements (e.g., team rules).
    2. A Westminster College team contract may not prevent a student‐athlete from using their name, image, or likeness for a commercial purpose when the student‐athlete is not engaged in official team activities.
11. NIL Third‐Party Consultant
    1. A third‐party consultant is a platform that Westminster College may procure to help educate the student‐athlete on NIL activities and provides a product which permits a student‐athlete to disclose his or her activities for Westminster College review and tracking.
12. Prohibited Sponsorship Category
    1. A Prohibited Sponsorship Category is any sponsorship category in any category of goods or services designated by the College as prohibited as a result of such category conflicting with the mission of the College, damaging to the name, image, or reputation of the College, conflicting with then-existing or contemplated College relationships, or for any other reason determined in good faith by the College.
13. Student-Athlete
    1. A student-athlete is a student whose enrollment was solicited by a member of the athletics staff or other representative of athletics interests with a view toward the student’s ultimate participation in the intercollegiate athletics program. Any other student becomes a student-athlete only when the student reports for an intercollegiate squad that is under the jurisdiction of the athletics department. A student is not deemed a student-athlete solely on the basis of prior high school athletics participation.

III. Preamble and Statement of Policy

The College believes that intercollegiate athletics provide student-athletes with significant educational opportunities. The College also supports the NCAA’s mission to ensure that intercollegiate athletics remain an integral part of the educational program and to maintain the amateur status of student-athletes. However, participation in intercollegiate athletics should not infringe upon a student-athlete’s ability to earn compensation for his or her name, image, and/or likeness. A student-athlete should have an equal opportunity to control and profit from the commercial use of his or her name, image, and/or likeness, and be protected from unauthorized appropriation and commercial exploitation of his or her right to publicity, including his or her name, image, and/or likeness.

Subject to the regulations set forth below, each College student-athlete will have the right to earn compensation for his or her name, image, and/or likeness without jeopardizing his or her eligibility to compete on a College-sponsored intercollegiate athletic team.

IV. Permissible Institutional Uses of A Studen-Athlete’s Name, Image, and/or Likeness

It is permissible for Westminster College, the NCAA, and the PAC to use the name, image, likeness and/or appearance of a student‐athlete to generally promote or to support activities considered incidental to the student‐athlete’s participation in intercollegiate athletics (e.g., conference championships, NCAA championships or other NCAA events, activities or programs) provided the provisions in NCAA Bylaw 12.5.1.1 are satisfied.

V. Student-Athlete Compensation Guidelines

1. A student‐athlete may earn compensation for the use of their name, image, and/or likeness provided:
   1. The compensation is not provided in exchange for athletics performance (e.g. pay‐for‐play);
   2. The compensation (or prospective compensation) is not provided as a recruiting inducement;
   3. The compensation is commensurate with market value; and
   4. The compensation is not provided by or on behalf of a Westminster College employee or contractor.
2. Compensation earned by a student‐athlete in a manner consistent with the guidelines outlined Titans’ Athletics Name, Image, Likeness Policy herein will not affect the student-athlete’s grant‐in‐aid or athletics eligibility. The College grant‐in‐aid (including cost of attendance) that is awarded to a student‐athlete shall not be considered compensation and shall not be revoked or reduced as a result of a student‐athlete’s earnings through a permissible name, image, and/or likeness agreement.
3. Participating in NIL activities may impact a student‐athlete’s ability to receive grant sums from outside sources (e.g., Pell Grant). The student‐athlete should discuss these implications with an institutional financial aid staff member or a professional servicer who is fit to provide advice.
4. International student‐athletes should not enter into any NIL agreements without guidance from a Westminster College international student advisor.

VI. Parameters for College Involvement / Assistance

1. College employees, College contractors, College volunteer coaches / trainers are prohibited from being involved in the development, operation or promotion of a student‐athlete’s business activity. Examples of activities that would constitute impermissible College involvement in a student‐athlete’s name, image, and/or likeness activity include, but are not limited to:
   1. College (including a College employee, contractor, or volunteer coach / trainer) purchase of a student‐athlete’s good or service;
   2. Use of College facilities without an appropriate rental agreement;
   3. Use of College intellectual property without prior approval;
   4. Directly or indirectly identifying or securing NIL opportunities for a student‐athlete (e.g. pairing a student‐athlete with a company seeking a student‐athlete for an advertisement, acting as an agent to negotiate a contract).
2. The following activities are permitted without triggering impermissible College involvement in a student‐athlete’s name, image, and/or likeness activity:
   1. Providing NIL educational programming;
   2. Assisting in evaluating opportunities;
   3. Assistance with compliance and disclosure expectations; and
   4. Assistance in the evaluation of professional service providers.

VII. Non-Permissible Name, Image, and/or Likeness Activites

1. A student‐athlete may not receive compensation for athletics performance or participation or as a recruiting inducement to attend or to remain enrolled at Westminster College.
2. A student‐athlete is prohibited from participating in NIL activities while engaged in athletic department activities (e.g., signing autographs during an institutionally arranged team meet‐and‐greet; promoting third parties or displaying third party branding during an athletic department event).
3. In connection with any use of the student-athlete’s name, image, and/or likeness or the student-athlete shall not use the College name or trademarks, wear College branded apparel, or use other intellectual Titan Athletics Name, Image, Likeness Policy property without the College’s express written permission and adherence to College’s procedures in each instance. in each case. In addition, the student-athlete shall not purport to grant to any third party any such rights to do so.
4. A student‐athlete is not permitted to sell items provided by the College, including awards and apparel retained by the student‐athlete at the end of a season that the institution will not reuse, until the student‐athlete has exhausted eligibility for intercollegiate competition or has become permanently ineligible for competition.
5. Student‐athlete NIL activities that conflict with current College sponsorships or agreements are generally not allowed. The College may grant exceptions.
6. A student‐athlete may not enter into an agreement regarding a NIL activity if that agreement includes an association with the following industries:
   1. Tobacco
   2. Gambling/sports wagering
   3. Alcohol
   4. Marijuana
   5. Vendors associated with athletic performance enhancing drugs
   6. Firearms
7. If a student‐athlete establishes any agreement in conflict with a College sponsorship agreement or a precluded industry (VII.G. above), the student‐athlete is subject to disciplinary action.

VIII. Use of Professional Service Provider

1. Student‐athletes may enter into agreements with a professional service provider provided the entity satisfies any certification necessary under state law, and the agreement is restricted to NIL activities.
2. Student‐athletes may request education from the College athletics department or a NIL third‐ party consultant regarding the selection of professional services; however, University employees may not participate in the selection or identification of professional servicers on behalf of a student‐ athlete.

IX. Involvement of Boosters

1. Boosters may provide student‐athlete compensation for NIL activities provided the following:
   1. The agreement was not provided to solicit the student‐athlete’s enrollment at the institution;
   2. The agreement is for actual work performed; and
   3. The agreement does not include compensation for specific athletic performance or achievement.

X. Disclosure Requirements

1. The purpose for disclosure requirements is for the Westminster College Athletics Department to monitor compliance with NCAA rules and Westminster College policies. It is not an approval process, and the information will not be shared with anyone outside of the Westminster College Athletics Department or those individuals responsible for monitoring adherence to Westminster College policy.
2. A student‐athlete who enters into an agreement for compensation regarding a NIL activity Titan Athletics Name, Image, Likeness shall disclose the following details of the agreement:
   1. Parties to the agreement;
   2. Contact information for commercial entities;
   3. Professional service providers;
   4. Other involved parties;
   5. Compensation arrangements with such individuals or entities;
   6. Goods or services being transacted;
   7. Times and dates when the activities will occur.
3. A student‐athlete shall provide a completed disclosure form describing the NIL activity within four (4) days of signing the agreement, and before the activity occurs. Student‐athletes may provide a draft of the unsigned agreement for review by the Westminster College Athletics Department Leadership for review of compliance with this policy.
4. For each agreement a student‐athlete shall attest to the following:
   1. The agreement was not directly or indirectly enabled by a Westminster College employee or contractor;
   2. The agreement was not provided to solicit the student‐athlete’s enrollment at the College;
   3. The agreement is for work performed;
   4. The NIL activity occurred at a time other than when a student‐athlete was “on‐call” for team activities; and
   5. The agreement does not conflict with any College contracts or involve industries precluded in this policy.

XI. Education

1. The institutional shall provide and educate student-athletes on this policy during their recruitment process and before a signed National Letter of Intent and/or financial aid agreement.
2. A list of institutional agreements and precluded industries shall be made available to student-athletes.
3. The institution may make available a NIL third-party consultant or other resources for the student-athlete to gain additional knowledge in applicable areas.
4. This policy shall be included, along with any additional information regarding NIL, in athletic financial aid agreements or other team contracts.