Thompson Coburn attorneys David Kaufman and Grace Siefker authored an article in Sports Litigation Alert offering practical guidance for student-athletes negotiating name, image, and likeness (NIL) agreements.
In the article, David and Grace emphasize that athletes should “hire experienced professionals” to navigate compliance and maximize value and note that deals over $600 must be submitted to the College Sports Commission to avoid pay-for-play violations.
The authors also highlight the importance of understanding sublicensing and post-enrollment rights in revenue-sharing agreements, clarifying employment status to maintain NCAA eligibility, and negotiating exclusivity, transfer, and morality clauses to protect flexibility. Finally, they stress the need to keep copies of signed contracts for enforceability.
“When negotiating these deals, it is extremely important for athletes to understand what they are relinquishing, recognize the related value of their personal brand and be prepared to provide evidence supporting their valuation,” they wrote. “Athletes should also carefully negotiate exceptions to enable them to contract with third parties during or after their college athletic career.”
Read the full article here.
