With over 28,000 student athletes registering over 6,000 deals generating in excess of $35 million, Name, Image, and Likeness deals are producing enormous interest. But eligibility rights, the transfer portal, evolving NCAA governance, and new state and federal regulations have created both unprecedented opportunities and significant legal complexity for student-athletes. Below are the top issues every college athlete should understand.
1. Embrace That Change Will Be Constant
The legal and regulatory landscape for college athletes has shifted more in the last five years than in the prior fifty. New legislation, NCAA rule changes, litigation, conference realignment and evolving case law mean that what is true today may not be true next week or next semester. The overall environment appears relatively stable for now, as the Protect College Sports Act did not pass the Senate, but athletes should expect further change and stay informed as it comes. And recent lawsuits on professionals returning to campus create new challenges. Build flexibility into your plans and relationships so you can adapt quickly when the rules shift again.
2. Get Good Independent Advisors
The legal environment surrounding college athletics is complex and constantly changing. NIL regulations, eligibility, tax obligations, transfer rules, scholarship terms and agent relationships each carry their own set of risks. Hire advisors — attorneys, accountants, financial planners — who specialize in this space and who know what they are doing. Your advisors should be independent, meaning they work ONLY for you and not for a brand, a collective, a team or your institution. Conflicts of interest are common in this space, and independence is often your best protection.
3. Agents Are Regulated — Understand Your Deal
Most states have adopted the Uniform Athlete Agents Act (UAAA), and the federal Sports Agent Responsibility and Trust Act (SPARTA) imposes additional requirements. Working with an unregistered or non-compliant agent can jeopardize your eligibility. Agents often seek to lock in long-term commission arrangements that extend well beyond your college career. Understand the term, scope, commission rate, exclusivity and termination provisions of any representation agreement before you sign. If a deal with an agent feels rushed or one-sided, it probably is. Take the time to get it right.
4. Read Every Agreement You Sign
Ignorance cannot be a strategy. Every NIL contract, scholarship agreement, representation agreement and institutional form you sign is a legally binding commitment with real risks and consequences. If you do not understand a provision, ask questions until you do. Ask your advisor, ask the other party, and do not sign until you are satisfied with the answers. Pay particular attention to exclusivity clauses, non-compete provisions, termination rights and intellectual property assignments — these are the terms most likely to create problems down the road.
5. Protect, Enhance, and Maintain Your Brand
You are now a public figure operating 365/24/7. People are watching — sponsors, coaches, compliance officers, fans and future employers. Everything you post, say, and do contributes to or detracts from your personal brand. A single misstep in public or on social media can cost you a deal, a roster spot or a relationship with your institution. Be intentional and authentic. Build a brand that reflects who you are and where you want to go, and protect it the way any business would protect its most valuable asset.
6. Have the Knowledge to Know Your Value to Maximize Your Leverage
To negotiate effectively, you need good information, as your counterparties have most it already. Understand what athletes in your sport, position and market are earning. Know your social media reach, your on-field metrics and your audience demographics. Brands and collectives have this data — you should too. Work with advisors who can help you benchmark your value and identify opportunities that match your profile. Leverage comes from preparation. The athlete who knows their worth walks into every negotiation from a position of strength.
7. Nothing Is Guaranteed
Your spot on the roster is not guaranteed. Your scholarship is not guaranteed. Your coaching staff is not guaranteed. Any of these can change with little warning. Understand the specific terms of your scholarship — whether it is a one-year renewable or a multi-year agreement, what conduct or performance conditions apply and what process the institution must follow before reducing or canceling aid. Plan for contingencies. The transfer portal exists, but it is not a safety net — it is a process with its own rules, timelines and risks.
8. Careful Record-Keeping and Taxes Are Critical
Track every contract, payment, expense and communication related to NIL deals, agent relationships, scholarship terms and transfer discussions. Good records protect you in tax audits, contract disputes, eligibility investigations and future negotiations. NIL income is taxable. If you earn more than $400 in net self-employment income, you will owe federal self-employment tax in addition to income tax. You may also need to make quarterly estimated payments and file returns in multiple states. Consider working with a sports-focused accountant or attorney early. The cost is almost always worth it compared to the penalties, interest and lost opportunities that come from poor record-keeping.
9. Understand Your Eligibility — and What Can End It
NCAA eligibility is not unlimited, but may be evolving. You have a fixed number of competition seasons and an eligibility clock that is always running. Certain actions — accepting impermissible benefits, signing with a non-compliant agent or failing to meet academic requirements — can end your eligibility permanently. Compliance offices exist to help you, but ultimately you are responsible for your own eligibility. When in doubt, ask before you act.
10. Think Beyond the Game
The vast majority of college athletes will not play professionally. Even those who do will have careers that extend decades beyond their playing days. Use your time in college to build skills, relationships, and credentials that will serve you regardless of where athletics takes you. Your NIL platform, your degree and your professional network are assets that compound over time. The athletes who thrive long-term as human beings are the ones who treat their college years as the beginning of a career — not just a sports career, but a productive, fulfilling and enjoyable life.
