Here's a (not exhaustive) list of frequently asked questions about Name/Image/Likeness.
Reach out to email@example.com with additional inquiries.
WHAT IS NAME, IMAGE AND LIKENESS?
NIL is a legal concept referring to an individual’s “right of publicity,” known as the ability to capitalize on anything that identifies the individual, including the ability to engage in third-party sponsorships and endorsements. A 2021 U.S. Supreme Court ruling, which granted college athletes the right to their NIL, gave student-athletes opportunities to create and explore a wide range of activity.
WHAT IS LONE STAR NIL?
LONE STAR NIL, LLC™ is the new name, image and likeness opportunity established for the exclusive benefit of Texas-based collegiate student-athletes enrolled at in-state universities and colleges. The nation’s first NIL program with a full statewide focus, LONE STAR NIL promotes enrollment, retention and graduation at in-state schools, and directly connects Texan student-athletes with state businesses, charities and communities.
WHO OWNS AND OPERATES LONE STAR NIL?
LONE STAR NIL is a division of Southwest Sports Partners, LLC, an athletics consulting and events services firm based in Frisco, Texas. Southwest Sports Partners is led by President/CEO Tom Burnett, a native Texan, former NCAA Division I conference commissioner and recent chair of the NCAA Men’s Basketball Committee that administers March Madness and the Final Four.
WHAT GOVERNS NIL ACTIVITY?
NIL activity is primarily covered by state laws, such as what was originally passed as Texas Senate Bill 1385, approved by the legislature and signed into law by the governor in 2021. In the recent 2023 Texas Legislative session, approved House Bill 2804 amended the previous law. The NCAA and other college governing bodies have interim policies that restrict “pay for play” and improper recruiting inducements, but the national organizations are currently deferring to state regulations until a possible Federal law provides a nationwide standard.
WHO IS ELIGIBLE FOR LONE STAR NIL ACTIVITY?
Enrolled Texan student-athletes at the state’s 116 public and private institutions are exclusively eligible for LONE STAR NIL, regardless of the in-state school they choose to attend.
HOW DOES A TEXAS-BASED STUDENT-ATHLETE BECOME INVOLVED WITH LONE STAR NIL?
LONE STAR NIL will soon announce an online registration portal for those interested in the program. For more information, reach out to us at firstname.lastname@example.org.
WHY THE EXCLUSIVITY OF A TEXAS-BASED NIL PROGRAM?
LONE STAR NIL has identified its home state as a distinctive marketplace for name, image and likeness opportunities, unlike any other place in America. With a booming population providing record numbers of college students enrolled at in-state institutions of higher education ahead of lifelong success in the Lone Star State’s burgeoning business community, there’s no place like Texas for such a unique opportunity.
HOW IS LONE STAR NIL DIFFERENT FROM OTHER NIL COLLECTIVES AND MARKETPLACES?
LONE STAR NIL’s opportunity is open to all Texas-based student-athletes at 116 in-state universities and colleges, as opposed to a school-affiliated name, image and likeness collective or marketplace that’s solely focused on that institution’s NIL activity. And other NIL programs can be founded, led and operated by the institution’s boosters. As the nation’s first-of-its-kind statewide program, LONE STAR NIL will operate independently, not only from the schools, but also from their supporters. Further, instead of focusing on institutional boosters and supporters for NIL support, LONE STAR NIL primarily targets Texas-based companies, large and small, to associate their corporate brands with successful college student-athletes.
WHAT ARE THE NIL OPPORTUNITIES FOR STUDENT-ATHLETES ARRANGED BY LONE STAR NIL?
Student-athletes in the LONE STAR NIL program have many opportunities for NIL activity, including, but not limited to, personal appearances and autograph sessions with business entities, traditional product endorsements, local and regional athletics camps and clinics, social media posts and videos, charitable giving, merchandising, television and radio commercials, trade, internships and other professional development opportunities. and much more. The types of opportunities student-athletes engage in are determined by LONE STAR NIL’s members and contributors, the company’s staff and advisory board and, of course, the students themselves.
ARE ALL STUDENT-ATHLETE NIL OPPORTUNITIES THE SAME?
No, contracts vary depending upon the specific athlete and the requests of the business and/or activation. Each deal is individually negotiated and agreed upon by the student-athlete and LONE STAR NIL.
WILL EVERY TEXAN STUDENT-ATHLETE RECEIVE AN NIL DEAL?
Every possible effort will be made to provide NIL activity for all registered Texas student-athletes in the LONE STAR NIL program.
ARE LONE STAR NIL AGREEMENTS WITH STUDENT-ATHLETES EXCLUSIVE?
NIL agreements are not exclusive. All Texan student-athletes are open to negotiating permissible NIL activity with multiple entities, notably the established collectives and marketplaces at the universities or colleges they attend.
CAN STUDENT-ATHLETES JUST BE PAID TO PLAY?
No, payments to student-athletes in exchange only for athletics participation violates NCAA extra benefits and recruiting inducements bylaws, as well as Texas law. NIL payments can only be provided to student-athletes for actual name, image and likeness activity (such as personal appearances, endorsements, autographs, camps and clinics, etc.)
DOES LONE STAR NIL WORK WITH TEXAN STUDENT-ATHLETES ATTENDING OUT-OF-STATE INSTITUTIONS?
No, LONE STAR NIL’s agreements are exclusively arranged with Texas-based student-athletes competing at in-state universities and colleges.
WHAT IF A STUDENT TRANSFERS FROM ONE TEXAS SCHOOL TO ANOTHER OR TRANSFERS OUT OF STATE?
Transferring in-state student-athletes remain eligible. Transferring to an out-of-state institution contractually ends the LONE STAR NIL activity.