Ohio has officially embraced the concept of Name, Image, and Likeness (NIL) for high school athletes, allowing them to monetize their personal brands. On March 15, 2024, the Ohio High School Athletic Association (OHSAA) announced new bylaws enabling students to profit from their NIL rights. With this decision, Ohio becomes the 45th state to implement such regulations.
The OHSAA’s bylaws clarify that while high school athletes can earn money from their personal brands, they cannot receive payment linked to their performance in sports. This distinction emphasizes the separation between two foundations: the School Foundation, which encompasses team activities, and the Personal Foundation, which covers individual endorsements and merchandise.
Understanding the New Regulations
The OHSAA has outlined essential guidelines to help athletes and their families navigate this new landscape.
Disclosure of Agreements
Families must disclose any NIL agreements to the OHSAA within 14 days of entering into the contract. This involves submitting the agreement through the Personal Branding Rights Parent Portal, along with an affidavit confirming their understanding of the NIL bylaws.
Separate Activities
Athletes are permitted to engage in NIL activities that are completely distinct from their school team or the OHSAA. For instance, students can promote their personal brands through social media or websites and endorse products that comply with OHSAA regulations. When participating in NIL endorsements, athletes must wear clothing that is not affiliated with their school.
Focus on Personal Branding
While athletes can receive compensation for their NIL, it cannot be tied to their athletic performance. They can collaborate with businesses to sell branded merchandise or serve as paid instructors at camps and clinics. Athletes are free to utilize NIL marketplaces, such as Opendorse, but must register independently.
Key Restrictions to Consider
The OHSAA has set forth several prohibitions to ensure compliance with the new regulations.
Involvement of Schools
Schools cannot participate in NIL agreements. Athletes must not use their school’s name, logos, or mascots in their contracts. Furthermore, schools or their representatives, including coaches and boosters, cannot facilitate NIL arrangements.
Recruitment and Team Benefits
NIL agreements cannot be used to recruit athletes to specific schools or provide advantages to school teams. Any benefits derived from an NIL deal must not flow to the student’s school or team.
No Promotion During School Activities
Athletes are restricted from engaging in personal branding during school hours, while traveling to or from OHSAA events, or during official team activities. For example, athletes with NIL deals must avoid wearing promotional gear during team warm-ups.
Prohibited Partnerships
Students must refrain from entering into NIL agreements with industries deemed inappropriate, including gambling, alcohol, and illegal substances. Importantly, athletes cannot receive payment based on their sports performance, a practice known as pay-for-play, which is strictly prohibited.
As Ohio high school athletes and their families begin to navigate these changes, understanding the do’s and don’ts of the new NIL bylaws is crucial. With proper guidance, students can successfully build their personal brands while adhering to the regulations set by the OHSAA.
