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 may I partner with?
You are permitted to contract with any company except those in restricted classes (tobacco, alcohol, etc.), and those who conflict (direct competitors) with exclusive partners/sponsors of the UA. A list of exclusive partners may be found on www.arkansasrazorbacks.com/flagship. There may be a small group of opportunities to contract with some companies that conflict with 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 public or companies have access to my agreements, business opportunities or their terms or amounts?
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).
May I sign with an agent, attorney or marketing firm to manage my NIL activities?
Yes. You are permitted to sign with an agent, attorney, marketing firm, etc. for the use of your NIL. Your representation must be licensed within the state of Arkansas. Please note, your representation may only assist with NIL activity and not negotiate anything tied to your sport.
What information am I required to share with the UA about my representation?
You or your representation are required to disclose your arrangement with the Senior Associate Athletics Director for Athlete Brand Development and Inclusive Excellence and compliance at least 48 hours prior to executing an agreement.
Will a UA attorney or UA representative be available to negotiate my contracts?
No. You or your personal representative must negotiate contracts on your own.
Will any representative from the UA advise me on which contracts to enter or which terms, amounts or conditions to include?
No. While the 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.