Beginning July 1, 2021, all NCAA divisions have adopted a uniform interim policy for all incoming and current student-athletes of all sports which allows them to benefit from their name, image, and likeness (NIL).

Hartwick College (Hartwick) and the Department of Athletics support those who may wish to pursue opportunities to receive compensation for their NIL. Compensation is defined as any form of payment, whether it be cash, gifts, discounts, payments for other intellectual or intangible property rights, and many other forms of compensation that may not be listed below. Hartwick reserves the right to revise this policy at any time and in its sole discretion. The Director of Athletics shall have the discretion to enforce the specific terms of this policy in his/her professional judgment.

NIL activity is action that involves the use of an individual’s name, image and likeness for commercial or promotional purposes by themselves or a non-institutional commercial, nonprofit, or charitable organization. Student-athletes can be compensated in multiple ways (cash, discounts, social media compensation, etc.) for their NIL and there are many activities that are now permitted for student athletes to participate in that would qualify within this interim policy.

Permitted activities include but are not limited to:

• Sponsored social media posts. A student-athlete may receive compensation from a noninstitutional organization for promoting that organization on their social media.
• Personal appearances. A student-athlete may receive compensation for appearing at an event or location for a non-institutional organization.
• Traditional commercials or advertisements for products or services. A student-athlete may take part in a non-institutional commercial or advertisement endorsing a product or service.
• Promoting a personal business or business endeavor. A student-athlete may promote their own personal business or endeavor such as writing and selling a book, providing private lessons, and promoting them with their NIL, or running a camp/clinic.

Use of a professional services provider is permissible for activities related to use of NIL. A professional service provider is an individual who provides third-party services to a prospective or current student athlete. It includes, but is not limited to, an agent, tax advisor, marketing consultant, attorney, brand management company, or anyone who is employed or associated with such persons.

The Interim NIL policy prohibits the following activities:

• Pay-for-play. Student-athletes may not receive compensation for athletic participation or achievement (e.g. compensation based on points scored). Athletic performance may enhance a student-athlete’s NIL value, but it may not be consideration for NIL compensation.
• Impermissible inducements. NIL compensation cannot be contingent on initial or continued enrollment at a particular school.
• Agreement without quid pro quo. A student-athlete may not receive compensation without work performed.
• Institution involvement. Hartwick and its employees may not be involved in creating or benefiting from a student-athlete’s NIL activity.

Hartwick will require student-athletes to disclose their NIL opportunities, including compensation arrangements and contact information for all parties involved in use of their NIL. This disclosure should be made at least 7 days prior to committing to the activity. Any adjustments made to the agreement after submission should be appropriately revised and resubmitted.

If your NIL activity is not disclosed prior to its commencement, participation could affect your athletic eligibility.

All disclosure forms will be reviewed by our Athletic Compliance Director to ensure compliance with federal, state, NCAA, and institutional policies. Receiving additional compensation outside of the disclosed NIL agreement could jeopardize athletic eligibility.

Please use this form for submitting NIL opportunities that you wish to pursue.

Hartwick and the Athletic Department fully supports a student-athlete’s ability to profit from their name, imagine, and likeness. However, in order to protect Hartwick’s policies, contracts, and image, student-athletes may not participate in NIL opportunities that are related to, but not limited to, the following categories:

• Alcohol, and vendors associated with alcohol products.
• Substances that are on the NCAA Banned Substance List, including marijuana – Gambling or sports wagering, and vendors associated with such.
• Adult entertainment, and vendors associated with adult entertainment.
• Tobacco, and vendors associated with tobacco products.
• Activities that negatively affect the College’s and/or Department’s reputation, as determined by Hartwick in its sole discretion.
• Activities/products from businesses or brands that are in direct competition with contracted businesses or brands of Hartwick and/or the Athletics Department. If Hartwick identifies a conflict, it will be communicated to the student-athlete so that they can attempt to negotiate a revision to the NIL activity.

Involvement in NIL activities does not alter the responsibility that student-athletes have to comply with all NCAA, Conference, College, Department, and Team policies, requirements, obligations, and academic standards.

College or Department issued items (apparel, equipment, etc.) may not be sold, traded, or otherwise given away as part of NIL activities.

While participating in NIL activities, student-athletes may say that they are a student-athlete at Hartwick but may not imply or directly state that Hartwick is endorsing the activity or product/service associated with the NIL activity.

Student-athletes may not use logos, images, or other institutional marks which identify Hartwick in NIL activities. By extension, wearing team uniforms, team gear, or other identifiable clothing during NIL activities is prohibited.

Student-athletes will not be permitted to display or actively advertise logos, images, etc. of a product or service while participating in any required athletic activities.

Hartwick facilities may not be used for a student-athlete’s NIL activity without the written consent of the President or her designee.

Any compensation received for NIL activities may impact a student-athlete’s need-based financial aid as well as their federal and state income tax. Student-athletes should consult with a tax advisor and the financial aid office about their compensation from NIL activities.

International student-athletes may benefit from their NIL but it is strongly suggested to be in contact with the appropriate government agencies for guidance related to visa and tax implications prior to participation in NIL activities.