Williams College Student-Athlete Name, Image and Likeness (NIL) Policy

Effective May 13, 2022
Last Updated: May 13, 2022

Introduction: Effective immediately, Williams College (“Williams” or the “College”) student-athletes
may receive compensation from third parties (but NOT from the College) for use of their Name, Image
and Likeness in endorsements or business activities and services in accordance with the terms and
conditions of this policy, which supplements NCAA and NESCAC rules, regulations, and applicable


1. Name, Image and Likeness (NIL): Terminology frequently used to describe a concept known as
“right of publicity.” Right of publicity involves situations where permission is required of a person to use
their name, image (e.g., a picture or video) or likeness (e.g., a cartoon, avatar or sculpture); the
requirement of permission also means that the person whose NIL is being used may require compensation
from a third party in return for use of one’s NIL.

2. NIL Activity: An NIL Activity is any activity in which a prospective student-athlete or
student-athletes’ NIL or personal appearance is used for promotional purposes by a non- College entity,
including for use by the individual prospective student-athlete or student- athlete, a commercial/for profit
entity, or a non-College nonprofit or charitable entity, regardless of whether such use is compensated or

3. Endorsement: An act, either expressed or implied, that indicates one’s public approval or
promotion of a product or service.

4. Compensation: Remuneration or payment in any form received for work or services actually
performed, including cash, credit, goods, cryptocurrency, product, other forms of payment or other benefit.

5. Pay for Play: Compensation provided to a student-athlete in any form for performance in a
sport in which the student-athlete participates at Williams.

6. Professional Service Provider: Individuals or companies who provide any of the following
professional services to student-athletes: (a) advice regarding NIL activities, (b) representation in
contract negotiations related to NIL activities, (c) tax advice related to NIL Activities, and (d) marketing
or representation of the student-athlete’s NIL.

7. Agent: Any individual who, directly or indirectly: (a) represents or attempts to represent an
individual for the purpose of marketing his or her athletics ability or reputation for financial gain as a
professional athlete; or (b) seeks to obtain any type of financial gain or benefit from securing a
prospective student-athlete’s enrollment at an educational institution or from a student-athlete’s
potential earnings as a professional athlete. Athlete agents may be governed under state law and may be
required to register with one or more states.

8. Representatives of Athletics Interests: Individuals who support or promote the department of
athletics or specific athletic programs, assist with recruitment or have provided benefits to
student-athletes or their families.

9. Prospective Student-Athlete: A prospective student-athlete is a student who has
started classes for the ninth grade.

Williams College NIL Policies:

1. Compensation for Services: A student-athlete may receive compensation from a third party (but not
from the student-athlete’s College or conference office) for NIL Activity as long the compensation is
provided in exchange for services, activities, intellectual property, appearances, or other items of value
actually provided by the student-athlete and is not provided in exchange for or conditioned upon athletic
performance. Compensation that does not meet this requirement, or is provided in exchange for athletic
performance, could be deemed “pay for play” and may lead to a determination of ineligibility to participate
in college athletics. Examples of impermissible compensation include any of the following:

a. Payments to a student-athlete for participation in athletics or based on performance metrics;
b. Payments to a student-athlete for winning athletic awards or recognition; and
c. Free or discounted use of goods or services by a student-athlete who does not provide
anything of value in exchange.

2. Disclosure: Student-athletes must disclose any NIL Activity opportunities to Williams College
that will result in compensation thirty (30) days prior to engaging in the activity or entering into an
agreement for future compensation, whichever occurs earlier. Absent disclosure, Williams College is
unable to advise a student-athlete about potential eligibility or compliance issues that may result
from violation of current or future NCAA rules, this or other college policies, state or federal law. A
system for disclosure is being developed, but in the meantime please contact Tommy Verdell,
Associate Athletic Director for Inclusion and Compliance (413-597-4834; [email protected]).
Williams College will maintain all documentation related to a student-athlete’s NIL transactions for a
period of seven (7) years.

3. Williams, including its employees, contractors, and representatives may:

a. Educate student-athletes on NIL issues, including but not limited to topics intended to inform
student-athletes regarding: rules and risks, best practices, how to engage in NIL activities in
compliance with applicable rules and policies.
b. Under the same terms, conditions, and availability that apply to all other Williams students,
provide student-athletes with a license to use digital content created by Williams or one of its
vendors (e.g., photos and videos), whether owned by Williams or a third-party contractor, only
for activities for which the student-athlete is not compensated, directly or indirectly.
Ownership of such content shared with student-athletes remains the property of Williams or
any other owner, and not with the student-athlete. Failure to follow this requirement may
result in a finding of copyright or trademark infringement.
c. Allow student-athletes to access and use College facilities for NIL Activities under the same
rules, regulations and fees in effect for any third-party user requesting comparable access or
use. Student-athletes who want to utilize Williams spaces should reserve spaces using the
College’s standard space reservation protocols.
d. Provide support to student-athletes that would be provided to any other Williams student,
such as faculty mentoring or investment prize money in a student business plan competition.

4. Williams, including its employees, contractors, representatives and agents, may not:

a. Be involved in the development, operation or promotion of a non-College NIL Activity.
b. Purchase a student-athlete’s work product or service (except that a product or service
developed as part of a student-athlete’s coursework is not subject to this restriction).
c. Use the promise of any NIL Activity as an inducement to attend Williams.
d. Contract with or otherwise knowingly allow any institutional partner or contractor to engage in
activity that is impermissible for Williams.
e. Pay for, provide, or facilitate a relationship between a Professional Service Provider and any

5. Professional Service Providers: Student-athletes may utilize the services of any Professional
Services Provider in connection with NIL Activity. However, an individual or entity who serves as a
student-athlete’s Professional Service Provider for NIL Activity may not also serve as the student-athlete’s
Agent. Student-athlete use of agents must be consistent with current NCAA rules governing “agents” and
comply with any applicable state laws.

6. Use of Marks:

a. Use of Williams College’s Name or Marks: Student-athletes at Williams may state that they
play “[insert name of sport] at Williams College” or that they are “a member of the [insert
name of sport] team at Williams College” to identify themselves in connection with NIL
Activity. However, Student-athletes like all Williams students may not, however, use
Williams’s name in any other manner or any of its logos, marks, nicknames, uniforms, or
other intellectual property in connection with noninstitutional NIL Activity.
b. Use of NESCAC Name or Marks: Student-Athletes within the NESCAC may also identify their
team as “NESCAC Champions” or similar terms. Student-athletes may not, however, use
NESCAC’s name in any other manner or any of its logos, marks, nicknames or other
intellectual property in connection with non-institutional NIL Activity.

7. Conflict With Williams College Contracts: Student-athletes at Williams may not enter
endorsements or business activities that conflict with College contracts or activities.

8. Autographs and Memorabilia: Student-Athletes may not sell team-issued apparel, and/or
equipment provided by Williams College in their pursuit of NIL Activities while they have NCAA, Williams
College or NESCAC eligibility remaining. A student-athlete may otherwise purchase merchandise for
utilization in NIL Activities. Autograph and memorabilia NIL Activities may not be conducted while on-call
for practice, competition, and/or other official Williams activities.

9. Conflict with NCAA, NESCAC or Williams College Policies: Student-athletes may not endorse
or enter into business activities in categories that conflict with NCAA legislation (i.e., banned
substances and sports wagering) or the values and policies of the conference or the College. These
areas include:

• Tobacco and electronic smoking products;
• Alcohol products;
• Illicit drugs, including marijuana and CBD oil;
• Performance enhancing drugs included on the NCAA Banned Substance List;
• Gambling of any sort (including fantasy leagues or fantasy sports websites, but excluding
state-authorized lotteries); and
• Pornography

Please note, the College maintains the right to expand on this list in the future should new areas of conflict
arise. Student-athletes will be notified of the updated list through the Department of Athletics. In addition
student-athletes must comply with College policies, including but not limited to:

Williams Code of Conduct
Use of Campus Space By External Third Parties
Williams Drug-Free Workplace Policy
Williams Political Activities Policy
Williams Nondiscrimination, Harassment and Sexual Misconduct Policy

10. Conflict of Commitment: Student-athletes may not miss class or other required academic or
team activities to engage in NIL activities.

11. Recruiting Inducement: Neither Williams nor a representative of athletics interests, can use NIL
Activity or a promise related to such activity in any manner that could be deemed an inducement for a
Prospective Student Athlete to attend Williams, or for a current student-athlete to remain enrolled at

12. Prospective Student-Athletes: Prospective student-athletes may engage in any NIL Activity that is
permissible under the laws of their respective states and NCAA guidelines. Upon enrollment at Williams
College, it is the student’s responsibility to inform the Department of Athletics of any NIL Activity that will
continue after enrollment and follow all policies and procedures for enrolled student-athletes. Failure to
disclose NIL Activities after enrollment could jeopardize one’s athletic eligibility under NCAA regulations,
NESCAC policy, or College policy.

13. International Student-Athletes: International student-athletes may be limited in their
ability to receive NIL compensation from a third party under the terms of their visa or other
immigration status. You must confer with International Student Services for additional information
to ensure that you do not jeopardize your status as a student in the United States. For more
information, see Student Athlete Name, Image and Likeness Rules and Nonimmigrant Status.

14. Williams College Sports Information and Conference Promotional Activities: Student-athletes may
be asked to participate in Williams Sports Information or Conference Promotional activities such as
appearances, digital content creation, photo shoots, and similar activities in accordance with existing NCAA
rules, but may not be paid by the conference or Williams College to participate in any such activity. Student-
athletes may opt out of any such activity by notifying their head coach, the Director of Athletics, or the
Conference office (for Conference activities).

15. Parity: Williams College and the Department of Athletics are committed to parity in the
provision of all permissible College services under this policy. Student-athletes are entitled to
compensation only from noninstitutional entities and not from Williams. Williams is not responsible for
monitoring, overseeing or enforcing equity in opportunities, compensation or other considerations
provided by outside persons or Professional Service Providers and other entities.

16. Employment Status: Although Williams student-athletes may be employed by the College in a job
on campus, student-athletes are not considered employees of Williams under any federal, state, or local
law, regulation, or ordinance based on their status as student-athletes. A student-athlete’s receipt of NIL
compensation from an outside entity does not alter the non- employee status of the student-athlete.

17. Withholding, Tax & Other Obligations: Student-athletes are responsible for all tax,
withholding, reporting, licenses, permissions, permits, expenses, fees and any other obligations,
liabilities or costs associated with their individual NIL Activity. You are responsible for seeking your
own private tax advisor.

18. Disclaimer: Williams is not liable or otherwise responsible to any student-athlete, non- College
entity that engages with a student-athlete, Professional Service Provider or other entity involved with
NIL Activity. Student-athletes participate in NIL activity on their own and at their own risk of loss of
business opportunities, or loss of other compensation, income, benefits, from any source. Williams shall
have no responsibility for any claims or damages arising from NIL activities of its student-athletes.

19. Consequences: At this time, the NCAA lacks specifics regarding NCAA consequences for
violations of this policy. Student-athletes may be subject to NCAA sanctions up to and including
permanent ineligibility to participate in college athletics, for violations of this policy. In addition,
student- athletes may be subject to Williams College sanctions, up to and including removal from the
team roster, if they are deemed ineligible. Williams will keep student-athletes informed of any changes
to NCAA rules.

20. Additional Resources:

Athletics Compliance:
Tommy Verdell
Associate Athletic Director for Inclusion and Compliance
[email protected]

Williams College Facility Reservations: https://roomscheduler.williams.edu/virtualems/