BakerHostetler·GUIDES / PLAYBOOKS

Practical Playbook for Brands Entering College Athlete NIL Partnerships

Brands seeking to partner with college athletes via NIL deals must adhere to evolving compliance rules and structured contract terms to avoid legal and reputational risk.

NIL compensation for college athletes became permissible following a series of antitrust challenges to NCAA amateurism rules, including the 2021 NCAA interim policy and 2025 House v. NCAA settlement, which established a new compensation framework for student-athlete endorsements. For brands, this creates both marketing opportunity and distinct compliance risk: NIL deals are subject to fair market value requirements, mandatory disclosure for deals over $600 via NIL Go, and school-specific category restrictions. Brands should structure direct contracts with athletes that tie compensation to legitimate promotional services, include clear deliverables, FTC disclosure requirements, morals and pause clauses, and separate provisions for AI-generated digital replica rights, while building lead time for required review processes.

nil-endorsementscollege-athletescompliance-guidancemarketing-contractsai-content-rights

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