Student-athletes need a successful brand strategy if they want to maximize profiting from their their Name, Image and Likeness (NIL). In my opinion, the four foundational pieces of a well-rounded strategy are:
Athletic Excellence: A student-athlete's performance on the field/court is the cost of admission. People tune in to watch you compete. The better you play, the more people notice and will follow you and the brands you endorse.
Strong Academics: Brands are not looking for someone who talks the talk, they want student-athletes who recognize the value of a good education. This improves both the brand and the student-athlete's image to the general public. The more cross-over appeal a student-athlete brings, the bigger the NIL opportunities that will be offered to them.
Engaging Personality: In the social media age, engaging with your fans and followers is more than making appearances or speaking engagements. A student-athlete should like and respond to comments and demonstrate that they are relatable to their followers. This creates a stronger bond to the athlete, and the NIL partnerships.
Authentic Content: This applies mostly to the social media component of the strategy. A student-athlete must be mindful to mix personal and sponsored posts. Consumers recognize if the athlete is "only" looking to monetize their brand and may lead some of the followers to disengage.
A successful NIL brand strategy may seem simple, but it is not easy. It requires a great deal of hard work, but when done correctly, it can lead to life-changing financial opportunities for student-athletes.
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1. How do NIL opportunities work?
According to Texas Education Code Section (TEC) 51.9246 (c)(1)(A), all schools in Texas with NCAA collegiate athletics cannot adopt or enforce a policy, requirement, standard, or limitation that prohibits or otherwise prevents a student-athlete from profiting off their NIL to promote a product or service. However, the NIL opportunity cannot be conditioned or offered in exchange for athletic performance or enrollment at a particular university.
2. Is the student-athlete required to disclose NIL opportunities to their university?
Yes, TEC 51.9246 (g)(1) states that a student-athlete must disclose the opportunity before entering the contract “in the manner prescribed by the institution.” Meaning the parties must learn and comply with different policies for each institution in Texas.
3. What are typical NIL opportunities?
- A business can pay a student-athlete to use their NIL for promoting a product or service.
- A student-athlete may use their own NIL to promote their own business or a business that employs the student-athlete.
- The student-athlete can receive compensation to sign autographs or appear at business/corporate/private events.
- A student-athlete may hire an agent to assist with NIL opportunities, provided the student-athlete’s agreement is in writing and states that the agent’s scope of work is limited to NIL activities and not for sports-related representation.
However, a student-athlete may not be compensated for autographs or photos while engaged in official team activities as it conflicts with TEC 51.9246 (g)(4).
4. Are there any prohibited NIL activities?
Yes, TEC 51.9246 (g)(2)(B)(iv) lists prohibited NIL opportunities as those related to:
- Alcohol, tobacco, e-cigarettes, or any other type of nicotine delivery device;
- Anabolic steroids;
- Casino gambling or sports wagering;
- A firearm you cannot legally purchase; or
- A sexually oriented business as defined in Section 243.002, Local Governme
Professional sports agents might be the first thing that come to mind when one thinks of the intersection of law and sports. However, sports contracts vary a great deal, both in the professional and amateur arena. Recently, changes in Texas law have opened new financial opportunities for student-athletes to profit from their Name, Image and Likeness (NIL). With the passage of Senate Bill 1385, Texas NCAA student-athletes will be able to earn compensation for the use of their NIL as of July 1, 2021. This means student-athletes can now be paid for endorsements, sponsorships, appearances, autographs, memorabilia, podcasts, camps, clinics, private lessons, crowdfunding, etc.
While application of this law is still developing, an attorney may end up representing student-athletes as they begin to receive offers.
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Hiring a attorney is a very important decision that requires a great deal of thought and consideration. Some factors to consider when hiring are:
Relationship with Counsel
If a client need a lawyer with expertise in a specific matter or practice area, a short-term engagement should be enough.
But, if a client wants a lawyer who will learn and understand your business goals, a longterm partnership would work better.
Experience and Budget
An attorney with experience may come with an expensive hourly rate. Thus, it is critical to identify the legal matter.
For example, is it a simple one-page contract amendment? Or, it is a large and complex lawsuit in a niche legal area?
Location and Presence Locally
A local attorney should have an understanding of regions customs and court rules.
Also, a client would benefit from having easier access to the attorney as they would not have to travel long distances for in-person meetings.
Style of Communication
All clients should want an attorney who is proactively communicating explaining the legal issues and strategies.
This will give the client trust and confidence that the legal matter will be handled in a thoughtful and capable way.
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Everything you hope you achieve in your business starts with your reputation. I am reminded of this quote by the Dwight L. Moody:
“If I take care of my character, my reputation will take care of me.”
Stick to your principles and let your reputation do the work. Customers will work with you, buy from you, and invest in you based on it. And reputation is shaped by your character and your trustworthiness. I once heard the formula for trust is consistency multiplied by time.
Thinking about it from that perspective, it becomes clear that everything we do or say in life, regardless of our occupation or goals, directly contributes to people’s perception of us: who we are as a person and as a leader.
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When company founders or investors think about structuring early-stage investment, they should evaluate the pros and cons of the different financing instruments, most commonly convertible notes or purchasing stock/equity.
A convertible note is a debt security issued by a company (commonly a startup) to raise capital from investors. These investors generally expect the "note to convert" into equity in the future instead of receiving the return of their investment plus interest.
On the other hand, when purchasing stock or equity, the investor receives ownership interest in the company in exchange for their investment at the time they make it.
No matter which route is taken, companies will have to undergo a valuation at some point in time so it is important to have legal and financial advisors to ensure proper handling.
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One of my favorite lessons from law school was the Parable of the Orange. It is the perfect illustration of the importance of asking the deeper questions to get to the root of what someone is really looking for.
It perfectly illustrates the pitfalls of position-based bargaining compared to the benefits of interest-based negotiations. In the parable, it becomes clear that when the interests are the focus of a negotiation, the best outcome was achieved.
Traditionally, parties negotiate from positions, which tend to have limited and unsatisfactory settlements. This is because negotiating from a fixed position can be adversarial and shallow. It is a zero-sum exercise focused on taking from the negotiations rather than seeking to add or create value. Additionally, it ignores two essential ingredients to a successful negotiation, communication and trust.
When appropriate, good negotiators shift the paradigm from position-based bargaining to more of an examination into underlying interests of the parties.
When parties consult with an interest-based mindset, it creates a more cooperative and collaborative problem-solving environment. This leads to a better chance at an acceptable conclusion for both parties. By putting the interests at the center and allowing the parties to contribute to a solution, it is more likely that the parties leave happy and the business relationships remain intact.
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A good neutral must remember two important considerations:
1. Ignoring the conflict does not mean it does not exist or it will go away. It is better to be invest the time in isolating and clarifying the issue.
2. Separate the people from the problem. It is only then that the parties will tackle the issue and not each other. The personal emotions are distinguished from the goal of resolving the actual root cause of the issue.
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I cannot stress this enough, to be a good leader you must learn to communicate, communicate, communicate.
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The NCAA Transfer Portal officially opened and currently there are exactly 3,567 student-athletes in it. Of these, 64 of them are quarterbacks with a combined 2565 starts between them.
The Transfer Portal has given student-athletes greater flexibility to showcase their talent better than ever before. With this comes increased risks because there are only so many scholarships available and so many schools that these players can help fill a need for.
Players transfer schools for many reasons, but if capitalizing on NIL is one of them, it is best to remember the four pillars for a successful NIL brand strategy that will help a student-athlete make the most of their opportunities:
1. Athletic Excellence
2. Strong Academics
3. Engaging Personality
4. Authentic Content
#TexasNIL #nameimageandlikeness #NIL #TexasBasketball #nameimage #nameimagelikeness_official #nameimageandlikeness #nameimagelikenessexpert #TexasFootball #tcuathletics #collegesports #collegefootball #collegebasketball #ncaafootball #ncaabasketball #smusports #hookem #collegerecruiting #smumustangs #tcuhornedfrogs #smuathletics #nilexpert #nameimagelikeness #nameimagelikenessexpert #nilathlete #nilathletes #NILforathletes #nameimagelikenesspodcast #nameimageandlikenessathlete #nameimagelikenessrights
The "Perfect Contract" does not exist. This is because at its core, a good contract must be built on the foundation of honesty and trustworthiness.
Trust will further a good relationship between the parties, increase the chances that they will do business with you again in the future and encourage others to do business with you as well.
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Christy Bowie was kind enough to have me on her podcast to talk about the intersection of law and business as well as the emerging area of NIL laws. Here is a clip from the episode!
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