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Utah Tech University Athletics

Name, Image and Likeness Procedure and NIL Go

Utah Tech University (UT) is committed to serving its student-athletes and offering opportunities for their academic, athletic, and career success. With the passing of NCAA rules and Utah State laws allowing for student-athletes to be compensated for their name, image, and likeness, UT athletics reaffirms its commitment to a culture of compliance and student success.

Impermissible NIL Activities

UT, Utah State Law, and/or the NCAA prohibit the following NIL-related activities:

  1. Compensation tied to athletic performance or achievement (pay-for-play)

  2. Entering into any agreement that contains an endorsement provision prohibited by Utah State Law. 

    1. “Prohibited endorsement provision" means a provision that requires or permits the use of a student-athlete's name, image, or likeness to promote:

      1. a tobacco product or e-cigarettes, as those terms are defined in Utah Code Section 76-10-101, including vaping;

      2. an alcoholic product, as that term is defined in Utah Code Section 32B-1-102;

      3. a seller or dispenser of a controlled substance, including steroids, antibiotics, and marijuana;

      4. gambling or betting;

      5. a sexually oriented business, as that term is defined in Utah Code Section 17-50-331; or

      6. a firearm that the student-athlete cannot legally purchase.

  3. Entering any agreement that equals or exceeds $600 in value prior to submitting the agreement to NILGo.com (see procedure below).

  4. Using any UT athletics facilities for NIL activities

  5. Using any intellectual property, trademarks, branding, or creating association with Utah Tech University for NIL activities. For clarification regarding Utah Tech licensing, contact Steve Johnson at steve.johnson@utahtech.edu.

Permissible NIL Activities

Subject to NCAA and Conference bylaws and UT institutional policies, the following activities are now allowable for a student-athlete to engage in:

  1. Promoting or endorsing a business, corporate entity

  2. Conducting camps, lessons, or clinics;

  3. Making appearances; and

  4. Signing autographs

Under these new rules and policies, student-athletes may work with third-party services, which includes the use of agents; tax advisors; marketing consultants; attorneys; and brand management companies. All third-party deals must be reported to NILGo.com within five business days of execution of the agreement.

Utah Tech’s Role

UT will provide education regarding NIL rules, regulations, and opportunities to student-athletes, but will not facilitate or advise student-athletes on specific NIL activities unless student-athletes elect to opt in to institutional assistance regarding NIL activities.  Athletics Compliance will review disclosed NIL activities for conflicts with this policy, state law, and NCAA legislation. 

UT may provide institutional assistance regarding NIL activities provided:

  1. The student-athlete maintains independent authority over the name, image, and likeness agreement (e.g., student-athlete determines specific terms, has final decision in accepting or rejecting name, image, or likeness);

  2. The student-athlete is not required to accept institutional assistance or services (e.g., assistance and services are optional, outside representation may be used).

Opting In to Institutional Assistance

At the beginning of each academic year, student-athletes will have the opportunity to opt into assistance from Utah Tech University regarding NIL opportunities as part of their required annual student-athlete forms.  A student-athlete who elects not to disclose name, image, and likeness activities shall not receive such institutional assistance and services. Student-athletes who elect to receive institutional assistance must disclose their NIL activities to NILGo.com by following Utah Tech’s NIL Procedure. Utah Tech University is not required to provide or guarantee assistance with NIL opportunities.

What is NIL Go?

The College Sports Commission will utilize NIL Go to determine whether third-party NIL deals are made with the purpose of using a student-athlete’s NIL for a valid business purpose and do not exceed a reasonable range of compensation.

All Division 1 student-athletes must use NIL Go to report third-party NIL deals with compensation that equals or exceeds $600 or more in the aggregate. This must be done on NIL Go within five business days of execution of the NIL contract or otherwise agreement to the contract or payment terms. The College Sports Commission strongly encourages student-athletes to refrain from accepting payment until they have reported and cleared their deal in NIL Go. More information about NIL Go can be found here: https://help.nilgo.com/en/

Procedure

To engage in an NIL activity, a student-athlete must utilize the following procedures:

  1. Student-athlete reviews activity to ensure compliance with NCAA, WAC, UT, and Utah State laws, policies, and regulations.

  2. Before a student-athlete enters into an agreement that equals or exceeds $600 in value, the student-athlete shall provide the agreement to NIL Go.

  3. Student-athlete shall complete and submit the Name, Image, and Likeness (NIL) agreement information using the NIL Go website: https://nilgo.com

  4. Student-athletes shall additionally submit the “NIL Go - Confirm Payor Information and Associated Status” form on Compliance + Recruiting. It is critical this is done in conjunction with each NIL Go submission, as compliance will not verify an agreement on NIL Go without the form submission on Compliance + Recruiting.

  5. NIL Go will review the deal and will inform the student-athlete if the deal needs more information, is cleared, or is not cleared.

  6. If the deal is cleared, the student-athlete may accept payment and fulfill their obligations.

  7. If the deal is not cleared, the student-athlete can:

    1. work with the payor and renegotiate the deal and resubmit it,

    2. cancel the deal and refund any money already received,

    3. or appeal to neutral arbitration to obtain a neutral review of the decision. If the student-athlete continues with the deal as submitted they may face enforcement consequences, which could include the loss of eligibility.
       

CLICK HERE TO ACCESS NIL GO: https://nilgo.com

CLICK HERE TO ACCESS TEAMWORKS – COMPLIANCE + RECRUITING: https://my.armssoftware.com/arms/login