What College Athletes Should Check Before Signing an NIL Deal

Name, image and likeness (NIL) opportunities have changed what it means to be a college athlete. A local business, a national brand or an online platform may want to pay you to post, appear, sign autographs or put your name on a product. That is a real opportunity. It is also a contract, and contracts are written to protect the person who drafted them.

Before you sign, make sure you can answer each of the questions below. If you can’t, that is the moment to slow down and ask for help.

1. Does the deal fit your school’s rules and your state’s rules?

NIL activity is shaped by several layers of rules: your state’s law, your athletic association, your conference and your school. Many schools require athletes to disclose NIL agreements, and some categories of sponsors may be off limits. Rules also change often. Check with your compliance office before you sign, not after, and keep a record of what you disclosed and when.

2. Do you know exactly what you are being asked to do?

A good agreement spells out the deliverables in plain terms. Look for:

• How many posts, appearances or events are required, and on what dates
• Who approves the content before it goes live, and how many rounds of edits are expected
• Whether you have to wear, use or mention the product in specific ways
• What happens if you are injured, traveling with the team or unable to complete a deliverable

Vague language like “promotional services as reasonably requested” can turn a small deal into an open-ended commitment.

3. How and when will you be paid?

Confirm the amount, the payment schedule and the payment method. Find out whether payment depends on performance (for example, engagement numbers or sales) and how that performance is measured. Ask what happens to money already earned if the deal ends early. If you are being paid in products or services instead of cash, understand that this may still have value for tax purposes.

4. Is the deal exclusive?

Exclusivity clauses can prevent you from working with competing brands. A one-month exclusive with a local restaurant is very different from a multi-year exclusive covering an entire product category. Read how the category is defined, how long the restriction lasts and whether it continues after the deal ends. Also consider whether it could conflict with your school’s existing sponsorship agreements.

5. Who owns the content, and for how long?

Many NIL agreements give the brand the right to use your name, photos and videos. Check how long that right lasts, where it can be used (social media only, or also billboards, packaging and TV) and whether it ends when the deal ends. Perpetual, worldwide rights for a one-time payment are rarely a fair trade.

6. How can either side get out?

Look for termination terms that work in both directions. You should understand what happens if the brand stops paying, if you transfer schools, if your eligibility changes or if the brand becomes involved in something you don’t want your name attached to. One-sided termination rights are a common red flag.

7. Who is helping you, and how are they paid?

Collectives, marketing companies and intermediaries may offer to manage NIL deals for you. Ask who they represent, how they are compensated and whether they also work for the brand on the other side of the deal. Some states and schools have rules about who can represent athletes in NIL matters. You are entitled to independent advice before you sign anything.

The bottom line

The best NIL deals are clear, fair and built to last beyond a single season. Taking a few days to review an agreement properly is not going to cost you a good partner. A brand that pressures you to sign immediately is telling you something important.

If you have an NIL offer in hand, contact Title Sports Management to talk through it before you sign.

This article provides general information only and is not legal advice. NIL rules vary by state, association and school and change frequently. Reading this article does not create an attorney-client relationship.