Name, Image and Likeness


NAME, IMAGE, AND LIKENESS POLICY

Name, Image and Likeness (“NIL”) opportunities in intercollegiate athletics are new and still evolving. Pacific Athletics will continue to receive new NIL information and interpretations in the coming weeks and months. Accordingly, Pacific Athletics reserves the right to make changes to this policy, which will be updated on this website.
 
  1. Student-athletes may earn compensation for their name, image, likeness, or athletic reputation (collectively, “NIL”) from a third party, 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 athletics performance. Agreements related to such compensation are referred to as “NIL Agreements.”
 
  1. Student-athletes are required to disclose any and all NIL Agreements to the Athletics Compliance Office via the Name, Image, and Likeness Disclosure form in ARMS. Disclosures should be submitted in advance of signing an NIL Agreement.
  • Student-athletes may not use their Name, Image and Likeness or athletic reputation to promote gambling, alcohol products, tobacco products, adult entertainment, substances banned by the NCAA or products or services that are illegal or not consistent with the university’s mission and policies.
  • Student-athletes may not enter into an NIL Agreement where that agreement’s terms are in conflict with an existing or future Pacific Athletics contract with certain athletically-related industries, including but not limited to:
    • Athletic Apparel
    • Athletic Equipment
    • Sports Drinks and Beverages
  • Student-athletes should provide any draft agreement to the Athletics Compliance Office immediately and well in advance of competition in order to avoid potential eligibility issues.
  • The Athletics Compliance Office will review the draft agreement to determine if there are conflicts, including with existing Pacific Athletics contracts related to athletic activities and/or teams and respond, typically within five business days.
  • Student-athletes should refrain from finalizing agreements until after the Athletics Compliance Office has completed its review for conflicts and responded.
  • If there is a conflict, the Athletics Compliance Office will identify the conflicting provisions and notify the student-athlete so that the student-athlete may try to negotiate a revision of the opportunity or contract to avoid the conflict. If revisions continue to violate these requirements, the student-athlete may not contract with the third party. Any revision is subject to additional review by the Athletics Compliance Office.
 
  1. The Athletics Compliance Office will review all NIL agreements for NCAA and University compliance purposes only. Until the review is complete, Pacific Athletics makes no representations as to the NIL activity’s impact on the student-athlete’s NCAA eligibility.
 
  1. University of the Pacific, the Athletics Department, staff members or boosters may not compensate or arrange compensation to prospective student-athletes for their NIL. The Athletics Department and its staff members may not compensate or arrange compensation for current student-athletes for their NIL.
 
  1. Compensation associated with NIL may only occur for work actually performed. 
  • Athletic performance may enhance the student-athlete’s NIL value, but athletic performance may not be the sole consideration for NIL compensation. 
  • NIL compensation must be commensurate with the fair market value of the goods, services, and/or money exchanged. 
  • The student-athlete is responsible for ensuring compliance with this requirement.
       Examples of impermissible compensation:
  • $100 payment to a soccer player for each goal scored
  • $10,000 payment to a basketball student-athlete for Player of the Year award
  • Free use of a car or other goods without providing work/service in exchange for tangible items
 
  1. Student-athletes may not engage in NIL activities during required team activities or while representing the university in any capacity, including during countable athletically related activities, Athletics Department promotional activities, or travel related to athletics competition. Student-athletes may not miss class or any portion of a class to participate in NIL activities.
       Examples of times when a student-athlete may not engage in NIL activities:
  • During practice times
  • During competition
  • At any time during travel for an away competition
  • During team promotional/fundraising activities
  • During class or other academic expectations
 
  1. Student-athletes may not use University of the Pacific or Athletics Department marks, trademarks, logos in connection with NIL activities without prior written permission of Pacific Athletics. Any proposed use of protected university marks must be requested through the disclosure process before the activity occurs. Use of marks will not be approved for use with an outside company unless the company is a sponsor of Pacific and/or Pacific Athletics.
 
        Examples of University or Athletics Department marks include:
  • PowerCat
  • Pacific Athletics wordmark logo
  • University of the Pacific wordmark logo
  • University Seal
 
  1. The use of athletics department facilities for NIL activities will require approval in advance and will involve  location agreements, including liability forms and applicable rental fees. Rental and liability agreements will be coordinated with Athletics Facilities. 
 
  1. Filming or recording on campus will require approval in advance from University Marketing and Communications. The process for obtaining approval will be provided upon request by the Athletic Compliance Office.
 
  1. Student-athletes may secure representation (licensed California agent or California lawyer), ONLY for Name, Image and Likeness and NOT for future professional athlete contract negotiations, consistent with NCAA bylaws and state law.
  • An agent representing a student-athlete for purposes of securing compensation for their name, image, likeness or athletic representation must be licensed in the state of California. 
  • An attorney representing a student-athlete for purposes of securing compensation for their name, image, likeness, or athletic representation must be a licensed member of the State Bar of California. 
 
  1. Student-athletes are not permitted to sell or trade any equipment, apparel, awards or complimentary admissions provided to them by Pacific Athletics at any time, including as part of NIL activities.
 
  1. International student-athletes should consult with government agencies and/or seek professional representation for guidance related to visa and tax implications of NIL activities to ensure such activities do not jeopardize visa status.
 
  1. Pell Grant awards or need based financial aid could be impacted based on compensation earned from name, image, and likeness activities. Those questions should be directed to the Financial Aid Office ([email protected])
 
  1. Any compensation for NIL activities may raise tax implications for student-athletes. Student-athletes should seek guidance from a licensed tax professional. 
 

NCAA Name, Image, and Likeness Resources

Quick Guide to New NCAA Interim Policy
New Interim Policy Key Takeaways
Cycle of Individual Engaged in NIL Activities


If you have any questions please contact:
Wendy Cornwall, Director of Compliance
[email protected]
209-946-2934

Policy Updated January 11, 2022