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High Point University Athletics

High Point University


On Point (NIL)

High Point University Athletics Name, Image, and Likeness Policies*

*Failure to follow these policies could result in a loss of NCAA intercollegiate eligibility and could jeopardize your athletic aid and your status as a student-athlete at High Point University – Policies Subject to Change

*Policies as of 7/1/2021
 
  • Student-athletes may earn compensation for their name, image, and likeness.  Such compensation must be within Fair Market Value.  "Fair Market Value" shall mean the current market value paid to individuals similarly situated for the same or similar activities or services engaged in as a NIL activity by the student-athlete.
  • High Point University or the HPU athletic department may not compensate or arrange compensation to a current or prospective intercollegiate athlete for her or his name, image, likeness.
  • Compensation may not be provided in exchange for athletic performance or attendance at High Point University.
  • The expectation is that NIL compensation opportunities will not conflict with academic or team related activities.
  • The expectation is that a contract entered into does not conflict with a provision of the student-athlete's team contract.  However, a team contract shall not prevent a student-athlete from using the athlete's name, image, and likeness for a commercial purpose when the athlete is not engaged in team activities. A student-athlete entering into a contract to receive compensation for the use of the student-athlete's name, image, or likeness related to a University athletic program shall do all of the following:
    • Ensure the contract terms (i) do not conflict with a provision of the student-athlete's team contract and (ii) provide for modification of the contract if a conflict is identified by the University; and
    • Disclose the contract in accordance with this Policy.
  • Student Athletes will only be allowed to use University or athletic department related marks and logos, including all aspects of the uniform, in the following situations:    
    • You may post pictures and videos of you competing in your sport to build your media presence
    • You may make a factual statement to your status as a student or as a member of a team (ex. "I am a member of the baseball team.")
    • Wear your personal team clothing (ex. Issue gear, not uniforms) in NIL appearances
    • Wear your personal team clothing (ex. Issue gear, not uniforms) in your content about NIL activities
    • Wear your official uniform in content for your NIL activities so long as no third parties are involved (ex. Appear in uniform on a graphic advertising your sports camp; however you could not appear in uniform promoting a 3rd party product)
  • Student-athletes must disclose to the athletic department any NIL agreements prior to entering into such agreement. Student-athletes must disclose NIL agreements through INFLCR Verified.
  • Pell Grant or need-based financial aid could be impacted based on compensation from Name, Image and Likeness. Those questions should be directed to High Point University Office of Student Financial Planning.
  • The use of athletic department facilities will require approval in advance (location agreements, including waiver of liability forms and applicable rental fees). Rental and waiver of liability agreements will be coordinated with the Athletic Facilities Department.
  • International student-athletes should not enter into any NIL agreements without the guidance from High Point University Office of Global Education to guard against any potential immigration issues.  This provision is subject to the general prohibition, as described herein, against the University and any of its departments or representatives from providing or otherwise arranging for compensation to any student-athlete or prospective student-athlete at any time, or otherwise involving itself in a student-athlete's NIL activities.  The University may review of a student-athlete's NIL activities and/or a student-athlete's NIL compensation or representation agreement to determine compliance with University, conference, or NCAA policies and regulations and any applicable state or federal law. Notwithstanding this or any other provision of this Policy, following review of any NIL activity disclosed by a student-athlete, shall identify and disclose to the student-athlete or the student-athlete's representation any conflict identified by the University between the team contract or the University's NIL policies and procedures and the student-athlete's NIL activity.
  • In accordance with NCAA Bylaw 12.3.1.3, a student-athlete remains ineligible if he or she contracts, either orally or in writing, with a NIL agent or other representative for representation of the student-athlete with respect to any future professional sport contracting. Therefore, the duration of a contract for representation of student-athlete or compensation for the use of Name, Image and Likeness may not extend beyond participation in athletic program at the University. This provision is subject to any permissible exclusions provided for in any other NCAA Bylaw, including, for example, Bylaw 12.3.2. Student-athletes may secure representation (agent or lawyer) ONLY for Name, Image and Likeness and NOT for future professional athletic contract negotiations. Student athletes cannot enter into any such written or oral agreements for Name, Image and Likeness before July 1, 2021.
  • An athlete agent representing a student-athlete for purposes of securing compensation for her or his name, image, likeness, or persona must be licensed in the state of North Carolina and in accordance with Article 9 of Chapter 78C of the North Carolina General Statutes and applicable federal law, including the Sports Agent Responsibility and Trust Act, 15 U.S.C. §§ 7801-07.
  • An attorney representing a student-athlete for purposes of securing compensation for her or his name, image, likeness, or persona must be a member in good standing of The North Carolina Bar and comply with Article 9 of Chapter 78C of the North Carolina General Statutes and applicable federal law, including the Sports Agent Responsibility and Trust Act, 15 U.S.C. §§ 7801-07.
  • INFLCR Verified and HPU Athletics will provide student athletes with financial literacy, brand building and educational workshops focusing on the areas of Name, Image and Likeness.


Prohibited Name, Image and Likeness Activities include:
  • NIL activities that conflict with NCAA rules or local, state, or federal laws.
  • Payments to current student-athletes in exchange for athletic participation.
  • Unauthorized use of University logos, marks, or other intellectual property.
  • Student-athletes will not be permitted to enter into NIL agreements with gambling/sports wagering vendors, alcohol vendors, tobacco vendors, adult entertainment vendors, any vendors associated with athletic performance enhancing drugs, or any vendors that contradict with the values of High Point University. 
  • Payments to prospective student-athletes for future participation in athletics at High Point University.
  • NIL activities may not occur during countable athletically-related activities or required team activities, which includes but is not limited to practice, competition, or, academic meetings, or community service.
  • Class may not be missed for participation in NIL activities. 
    • Exception: Participation in the NCAA Men's or Women's Basketball Tournament or any NCAA playoff game that otherwise interferes with regularly-scheduled classes. 

It is High Point University's intention for its NIL Policy to comport with any NIL guidance and policies adopted by the NCAA Division I Council.  For a complete list of possible violations of the University's NIL Policy, student-athletes should reference the NCAA Division I Council's Interim Name, Image and Likeness Policy. 

Affinity Licensing
Facility Usage Agreement
HPU Trademarks
 
 
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