EMPORIA STATE ATHLETICS NIL POLICY
EFFECTIVE JULY 1, 2021
NIL Disclosure Form

1. PHILOSOPHY AND EDUCATIONAL RESOURCES
Emporia State University has always been committed to providing educational opportunities, through both traditional and nontraditional delivery modalities, in addition to championship level athletic opportunities for all students participating in intercollegiate athletics. ESU Athletics' educational programming and support is designed to help student-athletes reach their highest academic potential and earn an Emporia State University degree.
 
With the NCAA providing guidance to allow student-athletes to be compensated for their name, image, and likeness ("NIL"), ESU Athletics is committed to providing elite educational opportunities in this area to its student-athletes to empower and prepare them to maximize their opportunity with respect to NIL.
 
These NIL educational efforts will be in addition to ESU Athletics' existing efforts to provide extensive personal and professional development through its GOALS class, which provides holistic development opportunities for our student-athletes and support to prepare them for success beyond ESU.

2. NCAA GUIDANCE
The NCAA has adopted guidance governing student-athletes' NIL activities (the "NCAA Rules"). The NCAA rules provide that a student-athlete is prohibited from (1) receiving pay-for-play and (2) receiving an improper recruiting inducement (3) compensation for work not actually performed.
 
ESU Athletics and our student-athletes must follow the NCAA Rules and this ESU Athletics policy; student-athletes, ESU Athletics staff, or other third parties should consult with the ESU regarding the NCAA Rules and this policy prior to engaging in NIL activities that involve ESU student-athletes.  
 
3. NAME, IMAGE, AND LIKENESS ACTIVITIES
Subject to the NCAA rules and this ESU Athletics policy, ESU student-athletes may use their NIL in a variety of ways that may include, but is not limited to, promoting their own business, promoting or endorsing a corporate entity (e.g., a brand ambassador or social media influencer); conducting camps, lessons or clinics; making appearances; or signing autographs. ESU student-athletes may receive compensation, either in-kind or monetarily, for engaging in NIL activities, subject to the NCAA rules and this ESU Athletics policy. ESU student-athletes may engage in NIL activities and receive corresponding compensation from University donors or sponsors so long as the compensation is for the NIL activity and is not a recruiting inducement or an inducement to remain enrolled at ESU.
 
Emporia State University maintains the right to use a student athletes name image, and likeness to promote the University and sports programs including, but not limited to posters, schedule cards, brochures, game programs, and advertising.

4. USE OF AGENTS OR PROFESSIONAL SERVICES
ESU student-athletes are allowed to obtain professional advice to assist them with NIL activities. The use of an agent, as defined by NCAA bylaws, may only be used for NIL activities. ESU Athletics encourages its student-athletes to thoroughly vet any such agents or advisors prior to working with them, as ESU Athletics will not be responsible for any agreement or contractual obligation, whether with an agent or other third party.  
 
5. USE OF UNIVERSITY INTELLECTUAL PROPERTY 
Student-athletes are not permitted to use ESU's intellectual property, including its trademarks, logos, or symbols, to either implicitly or expressly endorse a third party or product without the prior written approval from ESU Marketing and Media Relations (MMR). Student-athletes may autograph and sell officially licensed memorabilia that includes University marks. Per NCAA rules, student-athletes may not sell products provided by ESU Athletics or awards received for intercollegiate athletic participation while they are a student-athlete.  

Student-athletes are allowed to identify themselves as members of an ESU Athletics Program, but should not use photos of themselves in team gear or team uniforms without prior approval from the ESU MMR.

6. TEAM ACTIVITIES AND ACADEMIC OBLIGATIONS
Student-athletes cannot engage in NIL activities during the course of team activities, which include competitions, practices, and team gatherings and meetings. Student-athletes also must not allow NIL activities to interfere with their academic obligations.
 
7. FACILITY USE  
Student-athletes may, subject to availability and subject to the terms of a facility use agreement, use ESU Athletics' facilities to conduct camps, clinics, or lessons if the student-athlete pays the standard facility rental rate. Consistent with Section 5 above, student-athletes may not use ESU facilities in such a manner that creates the impression – either express or implied - that ESU expressly or indirectly endorses a third party or product, unless prior written approval is obtained from ESU's Office of Licensing and Trademarks.
 
8. RESTRICTED CATEGORIES 
Student-athletes must not use their NIL to promote gambling, alcohol products, tobacco products, adult entertainment, substances banned by the NCAA, or products or services that are illegal.
 
Student-athletes must not use their NIL to promote certain products or companies that compete with those with which ESU has existing contracts, without the written consent of ESU Athletics and the ESU Business Office.  These products and companies include, but are not limited to soft drinks (Coca-Cola) athletics apparel and footwear (Adidas).

9. DISCLOSURE OF NIL ACTIVITIES 
In the course of their education and participation at ESU, student-athletes must disclose any NIL activities to ESU through the NIL Disclosure Form ten (10) days before the activity. ESU Athletics requires that student-athletes complete the NIL Disclosure Form prior to the NIL activity so that the Office of Compliance Services can ensure the activity does not jeopardize the student-athlete's eligibility.

10. FINANCIAL AID 
Student-athletes should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grants. Student-athletes are encouraged to consult with the ESU Office of Financial Aid to fully understand these potential impacts.

11. INTERNATIONAL STUDENT-ATHLETES
International student-athletes should discuss how receiving compensation may impact their VISA status with the ESU Office of International Services prior to engaging in NIL activities.