I HAVE QUESTIONS
Am I able to partner with companies on the exclusive partners/sponsors of the UA list?
Yes. You are permitted to work with exclusive partners/sponsors of the UA.
What companies can I partner with?
Yes. You are permitted to contract with any company except those in restricted classes (tobacco, alcohol, etc.) , and those that conflict with exclusive partners/sponsors of the UA. There may be a very small group of opportunities to contract with some companies that conflict into exclusive partners, but such exceptions would need to be admitted by the Senior Associate Athletics Director for Athlete Brand Development and Inclusive Excellence.
Will the Athletic Department help me connect with brands and companies?
No. We have partnered with Captiv8, a leading global influencer marketing platform, so that they can help enhance your profile, which will attract brands and companies. But the UA will not create those connections for you. It requires your hard work and dedication to trying to create and find opportunities for your NIL.
Will other people or companies be able to get access to my agreements, business opportunities or their terms or amounts from the UA?
No. The information you are asked to provide to the UA in association with your publicity rights is solely to determine compliance with NCAA rules, state and/or federal laws, and UA policies. As such, the UA considers the information it maintains to be an education record protected from disclosure under the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA).
Will an attorney or UA representative be available to negotiate my contracts?
No. You or your personal representative must negotiate contracts on your own.
List of licensed Arkansas attorneys
Will any representative from the UA advise me on which contracts to enter or which terms, amounts or conditions to include?
No. While the UA’s Athletic Department can assist you with general information about the commercial use of publicity rights and share common issues, practices and pitfalls, no UA employee can negotiate, assist or advise you in the selection of your specific contracts, business opportunities, brand representations or the specific terms, amounts or conditions of such agreements. Additionally, the UA is not responsible for ensuring that any required terms and conditions are met, that the agreements are valid or enforceable, that taxes or fees are properly withheld, reported or paid, or that payment on any of your contracts is received. The selection of any contracts and the compliance with any local, state or federal laws and the contract terms or conditions, will ultimately be your responsibility.
How can the UA use my NIL alongside their name, marks and logos?
The UA and the Razorback Foundation retain the right to use the NIL of UA student-athletes to promote the institution and its educational, athletic and other institutional objectives under the Frank Broyles Publicity Rights Protection Act (Ark. Code Ann. § 4-75-1110 (a)(1)(D)).
If someone uses my NIL without my permission, do I have any recourse?
Yes. If you have any other questions, feel free to send them to Terry Prentice, the Senior Associate Athletics Director for Athlete Brand Development and Inclusive Excellence.
I am an international student-athlete, may I engage in NIL activity?
International Student-Athletes should consult with private counsel or the University of Arkansas International Students and Scholars Office (firstname.lastname@example.org) as to whether the Department of Homeland Security (DHS) would consider compensated NIL arrangements as “employment” for purposes of maintaining nonimmigrant status, and if so, whether the student athlete’s immigration status permits such employment. For additional questions, please refer to NAFSA’s NIL rules and regulations.