Name, Image, and Likeness (NIL)

I. Scope:

This policy applies to all George Mason University (“University”) employees, contractors, volunteers, students, and prospective students, regarding the use of a Prospective Student-Athlete’s or a Student-Athlete’s name, image, and likeness (“NIL”).

II. Policy Statement

Consistent with National Collegiate Athletic Association (“NCAA”), Atlantic 10 Conference (“A10”) requirements, and the terms of the structured settlement in House vs. NCAA, the University may (but is not required to), at its discretion, Compensate (or “provide permissible benefits to”) a Student-Athlete or a Prospective Student-Athlete for the use of their NIL. The University may enter an agreement with a Student-Athlete or a Prospective Student-Athlete to provide Compensation to promote the University, the Intercollegiate Athletics Department, a University team or any other product, service, or entity, or otherwise directly or indirectly Compensate Student-Athletes or Prospective Student-Athletes for the use of their NIL.

The University shall not enter an agreement with a Student-Athlete or Prospective Student Athlete to provide Compensation for the Student-Athlete’s status as a member of a varsity team roster, game or season, which is commonly referred to as “pay for play.”

Consistent with NCAA, and A10 requirements, the House vs. NCAA settlement, and Virginia law, a University Student-Athlete may receive Compensation from a third party for use of their NIL (“Third-Party NIL Activity”) as long as such Compensation is provided in exchange for services, activities, intellectual property, appearances or other value actually provided by the Student-Athlete and is not being provided in exchange for athletic participation.[1]

Student-Athletes are not considered employees of the University under any federal, state, or local law, regulation, or ordinance based on their status as Student-Athletes, regardless of whether the Student-Athlete receives athletics financial aid, signs a National Letter of Intent, signs a scholarship agreement with the University, or receives NIL Compensation (from the University or third-party).

III. Definitions

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.

Compensation: Remuneration or payment in any form received for work or services performed, including cash, credit, cryptocurrency, product, or other benefit. Compensation does not include scholarships provided to Student-Athletes or other benefits provided to a Student-Athlete in accordance with the rules of the NCAA or A10.

Name, Image and Likeness (NIL): An individual’s name, image, or likeness over which they have control and for which they can require permission and/or Compensation for others to use.

NIL Activity: NIL Activity is any activity that involves the commercial use of a Prospective Student-Athlete or Student-Athlete’s NIL to advertise or endorse the sale or use of a product or service., regardless of whether such use is compensated or uncompensated.

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.

Prospective Student-Athlete: A student who has started classes for the ninth grade.

Representatives of Athletics Interests: Also known as “boosters,” are individuals, not employed by or contracted with the University, who support or promote the athletics department/specific athletic programs, assist with recruitment or have provided benefits to Student-Athletes or their families.

Student-Athlete: An individual enrolled at the University, or any other NCAA member institution, who participates in intercollegiate athletics.

Third-Party NIL Activity:  Any NIL Activity where the Compensation is provided by a third-party, not the University. 

IV. Compliance

1. Compensation of Student-Athletes by George Mason University

All decisions regarding Compensation to a Student-Athlete or Prospective Student-Athlete must be approved by the Athletic Director or his designee, pursuant to Athletic Department procedure, and documented in an agreement approved by the Office of University Counsel.

The University may offer NIL opportunities to Student Athletes or Prospective Student Athletes that provide, increase, or reduce Compensation based on athletic accomplishments, including but not limited to offense or defense accomplishments, plays, or performances, (e.g. points-per-game; number of wins), pre-season or post-season awards or accolades (e.g. Player of the Week, Player of the Year; All-Conference selection; All-Tournament selection).[or earning a post-season invitation (e.g. Conference Tournament, NCAA Tournament).

2. Compensation of Student-Athletes by Third-Parties

Representatives of Athletics Interest, commonly and hereinafter referred to as “boosters,” including an NIL Collective, may discuss, offer, and otherwise negotiate NIL arrangements with current or prospective Student-Athletes as a recruiting or retention inducement. University employees may communicate with Representatives of Athletics Interests regarding NIL opportunities for specific currently-enrolled Student-Athletes and may refer Student-Athletes to a Representatives of Athletics Interests to discuss NIL opportunities. Consistent with NCAA guidelines, University employees may facilitate or negotiate NIL Activity for a Student-Athlete or Prospective Student-Athlete.

Student-Athletes may engage in NIL Activity with sponsors of the University or entities that compete with sponsors of the University with the exception of the category of footwear and apparel. Specifically, the University’s Student-Athletes are required to wear the University’s footwear and apparel sponsor while training or competing on behalf of the University, unless the footwear and apparel sponsor has provided a team exemption due to lack of product or an individual exemption for medical reasons.

Student-Athletes shall not engage in Third-Party NIL Activity for Compensation while the Student-Athlete is engaged in academic, official team, or athletic department activities, including class, tutoring, competition, practice, travel, academic services, community service, promotional activities, and other athletic department activities.

Student-Athletes shall not use the University’s name or any other logo, marks, or other intellectual property owned by the University in connection with Third-Party NIL Activity without express written consent of the University. Student-Athletes involved in NIL Activities may generally, and without the use of institutional marks and logos, indicate their status as a University varsity athlete, and identify their team and sport.

The University is not liable or otherwise responsible to any Student-Athlete, noninstitutional entity that partners with a Student-Athlete, Professional Service Provider or other entity involved with NIL Activity for any conduct, omission, or injury related to any Third-Party NIL Activity.

3. NIL Activity Requirements

Student-Athletes may utilize the services of any Professional Services Provider for assistance with NIL Activity. However, an individual or entity who serves as a Student-Athlete’s Professional Service Provider for NIL Activity cannot also serve as the Student-Athlete’s Agent for the purpose of marketing the Student Athlete’s athletic abilities. Student-Athlete use of Agents for the purpose of obtaining, facilitating, or negotiating NIL arrangements must be consistent with current NCAA rules.

Pursuant to Va. Code §23.1-408.1(D), Student-Athletes shall not earn Compensation for NIL Activity in connection with any of the following:

1. Alcohol and alcoholic beverages;
2. Adult entertainment;
3. Cannabis, cannabinoids, cannabidiol, or other derivatives, not including hemp or hemp products;
4. Controlled substances, as defined in § 1-3401;
5. Performance enhancing drugs or substances such as steroids or human growth hormone;
6. Drug paraphernalia, as defined in § 2-265.1;
7. Tobacco, tobacco products, alternative nicotine products, nicotine vapor products, and similar products and devices;
8. Weapons, including firearms and ammunition for firearms; and
9. Casinos or gambling, including sports betting.

Student-Athletes shall not miss class or other mandatory academic requirements or required team activities to engage in NIL Activity.

Prospective Student-Athletes may not engage in any NIL Activity that is impermissible for current Student-Athletes at the University under this policy.

Student-Athletes are responsible for all tax, withholding, reporting, licenses, permissions, permits, expenses, fees and any other obligations, liabilities or costs associated with NIL Activity. Consistent with current NCAA rules, The University or a designated staff member may provide assistance 

4. University Involvement in Third-Party NIL Activity

The University, including its employees, contractors, representatives and agents, may not:

a. 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).

b. Contract with or otherwise knowingly allow any institutional partner or contractor to engage in activity that is impermissible for the institution (e.g. “pay for play”).

5. Disclosure and Review of NIL Activity

1. Student-Athletes must disclose, via the process described in the accompanying procedures and consistent with the terms of the structured settlement in House vs. NCAA, any Third-Party NIL Activity to the University that results in Compensation within fourteen (14) days of either the receipt of the Compensation or the execution of an agreement for future Compensation, whichever occurs first.
2. Prospective Student-Athletes must disclose all Third-NIL Activity or agreements to the University that will continue during their enrollment at the University.
3. Anyone who becomes aware of NIL Activity or agreements involving Student-Athletes, shall inform the Athletic Compliance Office.
4. George Mason’s Athletics Compliance Office, in consultation the Office of University Branding as needed, shall review all Student-Athlete NIL Activity or agreements to determine compliance with the provisions of this policy and NCAA rules.
5. George Mason’s Athletic Compliance Office shall determine whether a Student-Athlete’s NIL Activity or agreement is permissible per the terms of this policy and NCAA rules and inform the involved Student-Athlete per the attached procedures.

V. Forms

Student-athletes and staff access disclosure forms via the process described in the accompanying procedures.

VI. Dates

A. Effective Date:

This policy will become effective on the date of approval by the University Board of Visitors.

B. Date of Most Recent Review

N/A

VII. Timetable for Review

This policy, and any related procedures, shall be reviewed biennially.

VIII. Signatures

Approved: By the George Mason University Board of Visitors at the May 1, 2025 meeting.

[1] International Student-Athletes may be limited in their ability to receive NIL Compensation from a third party by the terms of their visa or other immigration status. International Student-Athletes should contact the Office of International Programs and Services (OPIS) for additional information.

Policy approved: May 1, 2025

Page last updated: May 16, 2025