Updated as of May 16, 2025
Under Ohio law and the terms of the House Settlement, a class action lawsuit pending final approval in the United States District Court for the Northern District of California, University of Dayton (Dayton) Student-Athletes may receive Compensation for use of their Name, Image and Likeness (NIL). These NIL guidelines apply to all student-athletes participating in intercollegiate athletic programs at Dayton and outline the expectations surrounding a student-athlete’s involvement in NIL activities in accordance with Ohio law, the House Settlement, and applicable NCAA rules. These guidelines apply to a Student-Athlete when they initially enroll as a full-time student or when they begin official practice at Dayton, whichever comes first.
As the NIL environment evolves and guidance is updated, any guidance that deviates significantly from previous guidance will be updated on this document and posted on DaytonFlyers.com.
Definitions:
1. Name, Image and Likeness (NIL): Terminology frequently used to describe a legal 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 demand Compensation by 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 Current Student-Athlete’s NIL or personal appearance is used for promotional purposes, regardless of whether such use is compensated or uncompensated. Some examples of NIL Activities include, but are not limited to: autograph signing, personal appearances, social media Endorsements and other Endorsements, serving as a spokesperson, camps/clinics, private lessons, licensing of NIL on products (shirts, jerseys, hats, etc.), and promoting a commercial product or service.
3. Endorsement: An act, either expressed or implied, that indicates one's public approval or support of a product or service.
4. Compensation: Remuneration or payment in any form received for work or services performed, including but not limited to cash, gifts, credit, cryptocurrency, product, in-kind items of value, discounts, social media compensation, other benefit, payments for licensing or use of publicity rights, and payments for other intellectual property rights.
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 an NCAA Division I institution.
6. Professional Service Provider: Individuals 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, and (c) marketing 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 their athletics ability or reputation for financial gain as a future 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.
8. Prospective Student-Athlete: A Prospective Student-Athlete is a student who has started classes for the ninth grade.
9. Current Student-Athlete: An individual enrolled at Dayton who participates in intercollegiate athletics. Unless context dictates otherwise, references to “Student-Athletes” in this document shall mean Current Student-Athletes.
10. Official Team Activities: All games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by Dayton, team travel, and other team-organized activities, regardless of whether the activity takes place on or off campus, including individual photograph sessions and news media interviews.
11. Influencer: The NIL Management app Dayton uses to provide student-athletes the tools, content, financial literacy, and more to participate in NIL opportunities, all while providing Dayton Compliance staff with the necessary data to ensure student-athletes stay compliant under current legislation.
Guidance Statements:
Compensation for Services via Licensing and Endorsement Agreement with Dayton: A Student-Athlete may enter into a Licensing and Endorsement NIL Grant of Rights Agreement with Dayton and receive compensation directly from Dayton. In scenarios in which a Student-Athlete agrees to provide services to Dayton via the NIL Licensing and Endorsement Agreement, the Student-Athlete would provide “Services” (e.g., golf outings, autograph-signing sessions, promotional appearances, photograph and video shoots, social media graphics and posts) in exchange for their NIL payments directly from Dayton.
Compensation for Services via a Third Party: A Student-Athlete may receive Compensation from a third party for NIL Activity as long as such Compensation is provided at fair-market value in exchange for services, activities, intellectual property, appearances, or other value actually provided by the Student-Athlete to that third party and is not provided in exchange for athletic performance.
NCAA rules prohibit pay-for-play, impermissible inducements, and compensation for work not performed.
Disclosure Requirements:
● Under Ohio law, a Student-Athlete who intends to enter into a verbal or written contract providing Compensation to the Student-Athlete for use of their NIL must disclose the proposed contract via Influencer.
● Per NCAA rules, effective August 1, 2024, in order for Student-Athletes to receive NIL assistance and services from Dayton, Student-Athletes must disclose NIL agreements valued at $600 or more no later than 30 days after entering into or signing an agreement. Further, a Prospective Student-Athlete must disclose all current and expired NIL agreements no later than 30 days after enrolling at Dayton.
● Pending the final approval of the House Settlement and effective July 1, 2025, all third-party NIL deals must be of fair-market value and pass a fair-market value assessment via a third-party arbitrator set forth by the terms of the Settlement.
● When disclosing NIL Activities via Influencer, Student-Athletes will be required to submit the following information:
(a) Names and contact information of individuals involved in the activity, including a description of the nature of the relationship between such individuals;
(b) Terms of the arrangement, including a description of services rendered, rights granted, term duration, compensation and payment structure (e.g., cash, barter, deferred);
(c) Names and contact information of professional service providers involved in the arranging, negotiating, or securing the disclosed activity, including a description of the nature of the relationship between the service provider and individuals involved in the activity; and
(d) Terms of compensation between the professional service provider and the student-athlete (e.g., agent contingency fee)
● Further, Student-Athletes will be required to attest to the following when submitting NIL Activities via Influencer:
(a) All disclosed information is and will be complete and accurate;
(b) The disclosed activities are and will be consistent with institutional and conference policy, NCAA rules and any applicable state or federal law;
(c) Pay or promise of pay related to the disclosed activities are not and will not be a substitute for payment for athletics participation or achievement or an inducement to enroll or remain enrolled at a specific institution; and
(d) Acknowledgement that failure to disclose or fraudulent disclosure may constitute impermissible unethical conduct (see NCAA Bylaw 10.1)
● If Dayton identifies a conflict between the proposed verbal or written contract described and any existing provisions of a contract to which Dayton is a party or requirements in these guidelines:
○ Dayton will communicate to the Student-Athlete the relevant contract provision that is in conflict.
○ The Student-Athlete shall not enter into the proposed contract but may negotiate a revision to the proposed contract to avoid the conflict.
○ The revised proposed contract is subject to review by Dayton similarly to ensure compliance with Dayton’s own contracts and requirements.
Prohibited Categories and Potential Areas of Conflict: A Student-Athlete may not enter into a contract providing Compensation to the student for use of the student's NIL if under the contract the student's NIL is associated with any of the following:
- Any company that manufactures, markets, or sells, or brand that is associated with, a controlled substance, marijuana product, medical marijuana product, alcoholic product, tobacco product, electronic smoking device, vapor product, or product or device that consists of or contains nicotine that can be ingested into the body;
- Any medical marijuana cultivator, processor, laboratory, or retail dispensary licensed under Chapter 3796 of the Ohio Revised Code or under the laws of another state;
- Any business engaged in the sale, rental, or exhibition for any form of consideration of adult entertainment that is characterized by an emphasis on the exposure or display of sexual activity;
- Any casino or entity that sponsors or promotes gambling activities;
- Any other category of companies, brands, or types of contracts that Dayton in its reasonable judgment determines negatively impacts or reflects adversely on Dayton, such as (but not limited to) products that could be used to injure or kill, or directly conflicts with a Dayton agreement.
In addition, the following may be conflicts with existing Dayton agreements:
- Any promotion or endorsement of beverages competitive to Pepsi as the University’s official beverage sponsor on campus.
- Any promotion or endorsement of or products/brands that are competitive to the apparel provider for a Student-Athlete’s sport. It is possible Dayton identifies a conflict between the proposed verbal or written contract and any existing provisions of a contract to which Dayton is a party. These possible conflicts will be vetted in the disclosure process.
Use of Institution Name or Mark: Student-Athletes may not use Dayton or athletic department related marks and logos, including all aspects of the uniform, unless such rights have been secured through a written agreement with Dayton granting specific rights.
In addition, Student-Athletes may not use photos or videos containing Dayton trademarks or logos in NIL Activities without prior written permission, regardless of how the photo or video was obtained. Any photo or video that is property of Dayton may not be used without prior written permission.
Requests to use Dayton name or marks in NIL Activities or to use Dayton-owned photos or videos will be subject to internal review.
Student-Athletes may use photos or videos containing Dayton trademarks or logos for personal brand building on social media, but not in any NIL Activity, i.e., not for any activity for which they receive Compensation.
Use of University of Dayton Marks and Logos for Licensed Goods: Student-Athletes who wish to produce and sell goods with Dayton marks and logos are permitted to become an official licensee of University of Dayton through the University's licensing administrator, Collegiate Licensing Company. Student-Athletes must go through the same process, and are bound by the same rules and regulations, as all other licensees. Information on becoming a licensee can be found at https://clc.com/home/get-licensed/.
NIL During Official Team Activities or at Other Times if in Conflict with Dayton Contractual Commitments: A Student-Athlete shall not enter into a contract providing Compensation to the Student-Athlete for use of the Student-Athlete's NIL that requires the Student-Athlete to display a third party's product or otherwise advertise for a third party during Official Team Activities, or at any other time if that requirement is in conflict with a provision of a contract to which the Dayton is a party.
International Student-Athletes: International Student-Athletes may be limited in their ability to receive NIL Compensation by the terms of their visas or other immigration status and should retain and consult with their own Professional Service Provider.
Professional Services related to NIL: Student-Athletes should consider obtaining (but not required to obtain) the services of a Professional Service Provider in relation to contracts, negotiations, taxes or legal matters regarding opportunities to be compensated for use of the student's name, image, or likeness.
Student-Athletes may hire an Agent to assist with NIL Activities. That Agent needs to be registered under Ohio law unless it is an immediate family member. The NIL Agent must be compensated at their regular rate. Student-athletes may not hire an agent to directly or indirectly represent them for the purpose of marketing athletic ability or reputation for financial gain as a professional athlete or to secure an opportunity as a professional athlete. Hiring an Agent for this purpose or not compensating an NIL Agent at their regular rate may jeopardize a Student-Athlete’s intercollegiate eligibility.
Dayton is permitted to provide support to Student-Athletes pursuing NIL opportunities, provided the NCAA rules regarding NIL Activity disclosure requirements are followed as described above. Student-Athletes are not obligated to accept assistance from the school and must maintain authority over the terms in their NIL agreements.
Use of Institutional Facilities: Student-Athletes may not participate in NIL Activities in any Dayton facility (athletics or other campus facility) without express written permission following the required University process. Among other requirements to use University facilities, any Student-Athletes must pay the applicable University rental rate and provide all required documentation, such as proof of liability insurance. See Appendix A for process.
In instances when student-athletes partner with Dayton corporate partners for NIL Activities, the corporate partner may request use of the facilities through the Corporate Development office.
Dayton-Issued Equipment and Apparel: Student-Athletes are not permitted to sell any team-issued equipment and apparel (e.g., shoes, jersey, helmet, bats, etc.) until their eligibility is exhausted.
Reference to Dayton Student-Athlete Status: In connection with NIL Activities, Student-Athletes are permitted to state they are a Student-Athlete at Dayton and list personal academic and athletic accolades. Reference to sport played and number are also permitted. Student-Athletes may not imply, directly or indirectly, that Dayton is endorsing the NIL Activities or any products or services associated with those NIL Activities.
Missed Class: There may be team consequences for missed class or other academic obligations to participate in any NIL Activity.
State of Legal Residence: Student-Athletes may also need to follow the NIL laws of the state in which they legally reside in addition to Ohio NIL laws.
Code of Conduct and Team Rules: Nothing in this guidance impacts the applicability of Dayton’s Student Code of Conduct and/or other Dayton policy to Student-Athlete activities, or team rules where circumstances warrant.
Sanctions: Failure to abide by these NIL Guidelines may result in loss of privileges and other sanctions as appropriate, including but not limited to verbal or written reprimand, probation, loss of practice privileges, loss of competition privileges, suspension, or dismissal from the program.
APPENDIX A: NIL Activity Use of University of Dayton Athletic Facilities
These are general guidelines for any outside group and/or Student-Athlete wanting to rent or use one of Dayton’s athletic facilities for the purposes related to Name, Image or Likeness. Permission to use Dayton facilities will be granted on a very limited basis.
The process is subject to change. The current process is:
- Review the University’s Policy on Use of Facilities to make sure the proposed use is consistent with that policy.
- Complete the NIL Disclosure Form via INFLUENCER.
- If requesting use of a University of Dayton Athletic Facility, someone from athletics will reach out to learn more about your event and discuss options with you, which at a minimum will include a written agreement regarding the facility use.
University of Dayton Athletic Facilities include but are not limited to the following:
