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Bemidji State University

Bemidji State Beavers Athletics

Bemidji State University Name, Image and Likeness (NIL) Policies

(Due to often-shifting landscapes these policies are subject to change as laws and NCAA legislation are enacted)

Student-Athletes:

  • A student-athlete (SA) use and monetization of his/her name, image and likeness (NIL) may involve a wide range of activities including, but not limited to:
     
    • Traditional commercials or promotional campaigns for products or services
    • Developing and promoting his/her own business
    • Personal appearances
    • Running his/her own camps and clinics
    • Providing and promoting private lessons
    • Sponsored social media posts
    • Autograph sessions
       
  • Compensation for an SA’s must be within fair market value and must be for actual work/services performed.
  • Bemidji State University, the athletic department, and/or staff members may not compensate or arrange compensation to a current SA or prospective student-athlete (PSA) for her or his NIL.
  • Compensation may not be provided to a SA or PSA in exchange for athletic performance or attendance at Bemidji State University.
  • The expectation is that NIL compensation opportunities will not conflict with academic- or team-related activities. A SA shall not miss athletic practice, competition, travel or other team obligations in order to participate in an NIL opportunity.
  • Restrictions on Use of Bemidji State University Created Intellectual Property (Photograph/Video) and Trademarks.
    • A SA or PSA may not use any university created material (e.g., photograph, video, written materials, etc.) for a student-athlete’s name/image/likeness commercial activity unless the SA receives permission in advance from the Bemidji State University Athletics Department and/or the University Communications and Marketing Office.
    • Student-athletes must abide by all Bemidji State University restrictions and requirements related to the use of marks and logos, which includes all aspects of the uniform. A student-athlete may not use Bemidji State University’s name, logos, or trademarks for a commercial purpose unless those rights have been secured through an agreement with the appropriate Bemidji State University entity (e.g., Director of Communications and Marketing, Licensing Director, Licensing partner).
  • SA’s will not be permitted to enter into NIL agreements with:
    • Sports wagering vendors
    • Any vendors associated with athletic performance enhancing drugs
    • Alcoholic beverage
    • Tobacco products (including electronic smoking devices, vapor products or products or devices that consists of or contains nicotine that can be ingested into the body)
    • NCAA banned substances.
    • Controlled substances
    • Casinos or any entity that sponsors or promotes gambling activities
    • Adult Entertainment
    • Weapons (e.g. firearms)
  • The use of athletic department facilities will require approval in advance (location agreements, including waiver of liability forms and applicable rental fees). Rental and waiver of liability agreements will be coordinated with Duane Biehn.
  • SA’s must disclose within five business days of any NIL agreements to the athletic department.  This will be accomplished through forms shared on BSU’s athletics web page. This is not an approval process but a component of the expected NCAA monitoring requirements.
  • Failure to disclose an NIL activity in advance could lead to eligibility consequences.
  • The duration of a contract for representation of SA or compensation for the use of NIL should extend only through participation in an athletic program at Bemidji State University.
  • SA’s may secure representation (agent or lawyer), ONLY for NIL and NOT for future professional athletic contract negotiations. SA’s cannot have entered into any such written or oral agreements for NIL prior to 7/1/21.
  • A SA under the age of 18 years will need to have parent/legal guardian approval prior to entering into any contract for compensation for his or her NIL.
  • International SA’s should not enter into any NIL agreements without the guidance from the Bemidji State University International Students office to guard against any potential immigration issues.
  • If a SA wishes to conduct their own camp or clinic where student-athlete wishes to utilize university marks to advertise their camp or clinic they must gain permission through the proper channels to use said marks. If a SA wishes to utilize Bemidji State University facilities to conduct their camp or clinic, they must rent the space at the going rate as the general public and rent the space in advance of hosting the camp or clinic.
  • If a SA wishes to use a Bemidji State University facility to conduct a private lesson, they must rent the facility space at the going rate as the general public and rent the space in advance of the private lesson through the proper channels.
  • Pell Grant or need based financial aid could be impacted based on compensation from NIL. Those questions should be directed to the Bemidji State University Financial Aid Office.

Institutional Staff:

  • Bemidji State University coaches, faculty or staff members are prohibited from arranging NIL opportunities for a current or prospective SA.
  • Bemidji State University coaches, faculty or staff members may not be compensated (money or other goods, services) for assisting with any NIL activity (i.e., social media content, videos/photography, graphics, logos, etc.).
  • Compensation or the promise of compensation offered to a PSA to convince or encourage him/her to enroll or reward them for enrolling at Bemidji State University is considered an impermissible recruiting inducement and is prohibited by NCAA legislation.
  • Compensation or a promise of compensation offered to an enrolled SA for the purposes of retention or in exchange for participation in athletics is considered an impermissible extra benefit prohibited by NCAA legislation.

Representatives of Athletics Interest (Third Parties/Boosters):

  • Representatives of athletics interests may only compensate or arrange compensation to a SA or PSA if such compensation is with a business/company in which the third party/booster has a direct relationship (owner, employee, etc.).
  • Representatives of athletics interests are prohibited from using the assistance of a Bemidji State University staff member to engage a SA or PSA for NIL activities.

Enforcement

  • Failure to abide by this policy will be considered a violation of the Bemidji State University Code of Conduct. A SA found responsible for policy violations may be subject to consequences including but not limited to: a warning, loss of practice privileges, Loss of competition privileges, suspension, dismissal from the program, reduction or withdrawal of athletically-related financial aid, suspension of student status, and dismissal from Bemidji State University.

Name, Image and Likeness (NIL) Disclosure Form (Complete, print and return form (link below) to Erin Mykleby in the Physical Education Complex Office 212 or via email at:  Erin.Mykleby@bemidjistate.edu

Name, Image and Likeness (NIL) Resources