Introduction

Consistent with the NCAA Interim NIL Policy (“NCAA Interim NIL Policy”), Wellesley College student-athletes may receive compensation from third parties (but NOT from Wellesley College) for use of their Name, Image and Likeness in endorsements or NIL activities. This policy applies to student-athletes and Wellesley College employees. 

Definitions

NCAA: the National Collegiate Athletic Association. 

Name, Image and Likeness (NIL): A personal right of publicity involving situations where permission is required of a person to use their name, image or likeness; the requirement of permission also means that the person whose NIL is being used may demand compensation by a third party in return for use of one’s NIL.  

NIL Activity: An NIL Activity is any activity in which a prospective student-athlete or student-athlete’s NIL or personal appearance is used for promotional purposes by a noninstitutional entity, including for use by the individual prospective student-athlete or student-athlete, a commercial entity, or a noninstitutional nonprofit or charitable entity, regardless of whether such use is compensated or uncompensated.

Endorsement: An act, either expressed or implied, that indicates one's public approval or support of a product or service.

Compensation: Receipt, whether directly or indirectly, of remuneration or payment in any form of any cryptocurrency, cash, credit, product, goods, services, in kind contributions, or other items of value or benefit, for work or services performed.

Pay for Play: Compensation provided to a student-athlete in any form for performance in a sport in which the student-athlete participates at an NCAA institution.

Professional Service Provider: Individuals who provide any of the following professional services to student-athletes: (a) advice regarding NIL activities, (b) representation in contract negotiations related to NIL activities, and (c) marketing of the student-athlete’s NIL.

Agent: Any individual who, directly or indirectly: (a) represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain as a professional athlete; or (b) seeks to obtain any type of financial gain or benefit from securing a prospective student-athlete's enrollment at an educational institution or from a student-athlete's potential earnings as a professional athlete.

Athletics Booster: a person who directly contributes to a Wellesley College athletic program or Friends of Wellesley Athletics. 

Official team activities: All team activities, including, but not limited to, games, practices, scrimmages, team appearances, team photograph sessions, sports camps or clinics sponsored by Wellesley College and other team-organized activities as specified by Wellesley College.

Policy Statements

Compensation for Services: A student-athlete may receive compensation from a third party (but not from Wellesley College) for NIL Activity as long as such compensation is provided in exchange for services, activities, intellectual property, appearances, or other value actually provided by the student-athlete and is NOT being provided in exchange for athletic performance. Compensation that does not meet this requirement is prohibited by this policy and may lead to a determination of ineligibility to participate in college athletics. Pay for play compensation is prohibited by this policy and may lead to a determination of ineligibility to participate in college athletics.

Examples of Impermissible Compensation

• $100 payment to a soccer student-athlete for each goal scored;
• $10,000 payment to a basketball student-athlete for Player of the Year award;
• Free use of a car by a car dealer for a student-athlete when the student-athlete does not provide anything to the car dealer in exchange.

Disclosure: 

• Student-athletes shall share this policy with any third parties with which they engage in an NIL Activity
• Student-athletes shall disclose to Wellesley College any NIL activities that result in compensation within seven days of receipt of the compensation. Student-athletes shall provide the Senior Associate Athletic Director (or their designee) and the student-athlete’s Head Coach with a copy of any agreement for compensation for NIL activities within 7 days of execution of such agreement. Such disclosure shall be provided to aid the College in NCAA compliance and will be reviewed by Wellesley College only for that purpose.

Institutional Role: 

Wellesley College may:

• Educate student-athletes on NIL, including but not limited to: rules and risks, best practices, how to engage in NIL, and how to build one’s personal brand. 
• Allow student-athletes to access and use institutional facilities for NIL Activity under the same rules, regulations, fees, and terms and conditions in effect for any other third-party user requesting comparable access or use. Student-athletes should contact the Associate Athletic Director for Facilities & Operations for additional information.

Wellesley College, including its employees, contractors, representatives and agents, may not:

• Purchase a student-athlete’s work product or service (except that a product or service developed as part of a student-athlete's coursework is not subject to this restriction).
• Create or facilitate a relationship between a professional service provider and any student-athlete.
• Create or facilitate NIL compensation opportunities for prospective student-athletes as a recruiting inducement or current student-athlete as an inducement to remain enrolled at Wellesley College.
• Contract with or otherwise knowingly allow any institutional partner or contractor to engage in activity that is impermissible for the institution.

Professional Service Providers:

Student-athletes may utilize the services of any professional services provider or agents for assistance with NIL Activity. However, student-athletes' use of professional service providers or agents shall be consistent with NCAA rules.

Use of Wellesley College Name or Marks:

Student-athletes at Wellesley College may state that they play “[insert name of sport] at (Wellesley College)” or that they are “a member of the [insert name of sport] at (Wellesley College)” to identify themselves in connection with NIL Activity. 

Student-athletes may not use Wellesley College’s name or any other logo, marks, trademarks, unique colors, copyrights and other defining insignia or intellectual property owned by Wellesley College in connection with noninstitutional NIL Activity without the express written consent of Wellesley College.  

Conflict With Institutional Contracts:

Student-athletes at Wellesley College may enter endorsements or NIL activities with sponsors of Wellesley College or entities that compete with sponsors of Wellesley College.  However, such agreement, or any portion thereof, may not conflict with the provisions of any agreement to which Wellesley College is a party. In the event that a potential conflict is identified, Wellesley College shall disclose to the student-athlete or the student-athlete's attorney or sports agent the provisions of Wellesley College agreement that are in conflict.

Conflict with NCAA or Institutional Values:

Student-athletes may not endorse or enter into NIL activities in categories that conflict with NCAA policy or institutional values including, but not limited, to any marijuana company, product, or brand; any seller or dispensary of a controlled substance, as defined by federal law; or any product, substance, or method that is prohibited in competition by an athletic association, athletic conference, or other organization governing intercollegiate athletic program competition. 

Conflict of Commitment:

Student-athletes may not miss class or other mandatory academic requirements or official team activities to engage in NIL activities. 

Recruiting Inducement and Boosters:

Wellesley College athletic boosters are prohibited from creating or facilitating NIL compensation opportunities for prospective student-athletes as a recruiting inducement or current student-athlete as an inducement to remain enrolled at Wellesley College.  

Prospective Student-Athletes:

Prospective student-athletes may not engage in any NIL Activity that is impermissible for current student-athletes at Wellesley College under this policy. Prospective student-athletes do not need to disclose NIL transactions that will not continue during such student-athletes’ enrollment at Wellesley College, to Wellesley College. Disclosure of NIL Activities will begin at the outset of a student’s athletic participation at Wellesley College.  

International Student-Athletes:

International student-athletes may be limited in their ability to receive NIL compensation from a third party by the terms of their visa or other immigration status. This policy is in no way intended to permit and does not permit such compensation where such compensation is otherwise prohibited by law. Student-athletes should consult with their personal advisor concerning this issue.  

Institutional Promotional Activities:

Nothing within this policy shall impact the right of Wellesley College to use the name, image, or likeness of student-athletes in accordance with NCAA Bylaws. Student-athletes will continue to participate in institutional promotional activities, including, but not limited to appearances, digital content creation, photo shoots, and similar activities in accordance with existing NCAA rules, but may not be paid by Wellesley College to participate in any such activity. 

Non-Institutional Promotional Activities:

While student-athletes may be compensated for non-institutional promotional activities in accordance with the NCAA Interim NIL Policy, Wellesley College will not engage in activities intended to secure or facilitate any non-institutional promotional activities for student-athletes.  

Sale of Institutionally Provided Apparel or Tangible Goods:

Student-athletes may not sell apparel, equipment, awards or other items issued by Wellesley College until his/her eligibility is exhausted. Wellesley College and its representatives shall not purchase such items originally issued by Wellesley College (e.g., cannot purchase awards back).

Equity:

Wellesley College is committed to equity in the provision of all permissible institutional services under this policy. Student-athletes are entitled to compensation for NIL activities only from noninstitutional entities and not from Wellesley College. Wellesley College is not responsible for monitoring, overseeing or enforcing equity compliance in opportunities, compensation or other considerations provided by noninstitutional entities for NIL activities.

Employment Status:

While Wellesley College student-athletes may be employed by Wellesley College in a job on campus, student-athletes are not considered employees of Wellesley College based solely on their status as student-athletes. A student-athlete’s receipt of NIL compensation from a noninstitutional entity does not alter the non-employee status of the student-athlete as set forth herein.

Withholding, Tax & Other Obligations:

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. 

Disclaimer: Wellesley College shall have no liability to any student-athlete, noninstitutional entity, professional service provider, vendor, contractor, or agent as a result of a student-athlete’s participation in NIL activities. 

Enforcement

Violations of this policy may result in appropriate disciplinary measures in accordance with state law, federal law, Wellesley College policies, procedures and/or codes of conduct and may result in NCAA sanctions up to and including permanent ineligibility to participate in college athletics. In addition, violations of this policy may result in cancellation of athletics financial aid if a student athlete is deemed ineligible to participate in competition.