University of Montana Western
Policy on Name, Image, and Likeness (NIL)
All student-athletes that enter into a NIL deal
must fill out this form.
I. Purpose
The purpose of this policy is to establish guidelines for student-athletes at the University of Montana Western (“UMW”) who wish to pursue opportunities to earn compensation for the use of their name, image, and likeness (NIL). This policy ensures compliance with federal and state law, NAIA regulations, and institutional values while protecting the eligibility and welfare of student-athletes.
II. Scope
This policy applies to all student-athletes participating in intercollegiate athletics at UMW. It governs NIL activities, contracts, disclosures, and compliance expectations while the student-athlete is enrolled at the University and engaged in athletic participation.
III. Definitions
- Name, Image, and Likeness (NIL): Personal identifiers including, but not limited to, name, nickname, signature, voice, likeness, or any other recognizable aspect of a student-athlete’s persona.
- NIL Agreement: A contract or arrangement in which a student-athlete provides permission for the use of their NIL in exchange for compensation or other benefits.
- Compensation: Any form of payment or benefit, whether monetary or in-kind, received by a student-athlete in connection with an NIL agreement.
- Representation: A contractual relationship with an agent, attorney, or other third party for purposes of securing or negotiating NIL opportunities.
IV. Policy Statements
A. Duration of NIL Agreements
- NIL agreements or representation contracts may not extend beyond the student-athlete’s period of participation in intercollegiate athletics at UMW.
B. Contracts Involving Minors
- A student-athlete under the age of 18 must have any NIL agreement approved in writing by a parent or legal guardian.
C. International Student-Athletes
- International student-athletes must consult with the UMW International Student Advisor prior to entering into any NIL agreement.
- Failure to seek proper guidance may jeopardize visa or immigration status.
D. Tax Implications
- Compensation received through NIL agreements is generally considered taxable income.
- Student-athletes are individually responsible for reporting and paying applicable taxes.
- UMW strongly encourages student-athletes to seek advice from a qualified tax professional.
E. Financial Aid Implications
- NIL income may impact eligibility for need-based financial aid, including Pell Grants.
- Student-athletes must consult with the UMW Financial Aid Office to determine potential impacts prior to entering into NIL agreements.
F. Institutional and Team Compliance
- Student-athletes must disclose all NIL agreements in accordance with NAIA and UMW reporting requirements.
- NIL activities may not conflict with:
- Existing UMW or athletic department sponsorships or contracts;
- UMW institutional policies and values.
- Use of UMW intellectual property—including logos, uniforms, facilities, and trademarks—in NIL activities requires prior written approval from the University.
V. Compliance and Enforcement
- The UMW Athletics Department shall establish procedures for the disclosure and review of NIL agreements.
- Failure to comply with this policy may result in:
- Loss of athletic eligibility under NAIA rules;
- Disciplinary action consistent with UMW student conduct policies.
- The Athletic Director, or designee, is responsible for overseeing the administration and enforcement of this policy.
VI. Additional Guidance
The University of Montana Western encourages student-athletes to seek guidance from legal, financial, and compliance professionals before entering into NIL agreements. The Athletics Department is available as a resource to assist student-athletes in navigating NIL opportunities in a manner that supports academic success, athletic performance, and compliance with institutional and national regulations.