Contract requirements and restrictions.

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A. A student athlete shall not enter into a contract that provides compensation to the student athlete for use of his or her name, image or likeness if a provision of the contract is in conflict with a provision of the postsecondary institution's team contract.

B. A student athlete shall not enter into a contract with a third party that provides compensation to the student athlete for use of his or her name, image or likeness or athletic reputation if:

1. The contract requires the student athlete to display the third party's apparel or to otherwise advertise for the third-party during team activities;

2. Compliance with the third-party contract would conflict with a team contract; or

3. The contract allows for the use or consents to the use of any institutional marks during the student athlete's third-party contract activities.

C. A team contract of a postsecondary institution entered into, modified or renewed on or after the effective date of this Act shall not prevent a student athlete from using his or her name, image or likeness for a commercial purpose when the student athlete is not engaged in team activities.

D. A student athlete shall not enter into a name, image and likeness agreement involving a commercial product or service that conflicts with a written policy of the postsecondary institution which is in compliance with the bylaws and legislation of the applicable collegiate athletic association including, but not limited to, sports wagering or banned substances or that negatively impacts or reflects adversely on the postsecondary institution or its athletic programs including, but not limited to, generating public disrepute, embarrassment, scandal, ridicule or otherwise negatively impacting the reputation or the moral or ethical standards of the postsecondary institution.

E. A contract for the use of a student athlete's name, image or likeness that is formed while the student athlete is participating in an intercollegiate sport at a postsecondary educational institution may not extend beyond the student athlete's participation in the sport at the institution.

F. Nothing in the Student Athlete Name, Image and Likeness Rights Act shall be construed to authorize a student athlete to assert any right or interest as a party to or intended beneficiary of team contracts or to create a right of one or more student athletes to participate in the negotiation, awarding or earnings of team contracts.

Added by Laws 2021, c. 559, § 24, emerg. eff. May 28, 2021.


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