Name, Image, and Likeness
BLINN COLLEGE DISTRICT ADMINISTRATIVE REGULATIONS MANUAL
SUBJECT: Name, Image, and Likeness
EFFECTIVE DATE: February 10, 2025
BOARD POLICY REFERENCE: FK
Purpose
The Blinn College District (“College District”) Athletics is committed to supporting its Student-Athletes in their pursuit of name, image, and likeness (“NIL”) activities that result in compensation from sources outside of the College District consistent with College District educational objectives and in accordance with applicable College District policies/regulations, National Junior College Athletic Association (“NJCAA”) regulations and/or state or federal laws. The intent of this regulation is to promote compliance with applicable policies, regulations, and laws; to clarify Student-Athletes’ rights to receive compensation for the use of their name, image, and likeness; and to preserve Student-Athletes’ eligibility. This regulation is not intended to prevent or discourage Student-Athletes from earning compensation for their name, image, and likeness that is otherwise allowed. This regulation operates in an evolving area and is subject to ongoing review and revision.
Definitions
- Booster includes a representative of College District’s athletics interests as defined by NJCAA bylaws. A booster is an individual, group, independent agency, corporate entity (e.g., apparel or equipment manufacturer), or other organization that is known (or should have been known) by a member of College District’s executive or athletics administration to have participated in promoting the College District’s intercollegiate athletics program or to have assisted in providing benefits to enrolled Student-Athletes or their family members. Boosters include individuals who have made donations to any sport or been involved in promoting College District Athletics, booster clubs, and NIL entities (such as booster collectives).
- Co-branding is a marketing strategy that combines multiple brand names on a good or service as part of a strategic alliance. For example, College District Intellectual Property in combination with a Student-Athlete brand results in co-branding.
- Compensation for NIL activities includes, but is not limited to, cash, checks, free or reduced-price goods or services, or any other source of payment or value received for NIL services performed or rights conveyed.
- Disassociation occurs when a booster is not allowed to interact with College District Athletics in specified ways (e.g., no athletics benefit or privilege unavailable to the public at large) for a set period because of the booster’s involvement in an NJCAA violation.
- Institutional Contract means a contract between the College District or its designated representative and an external party that includes a sponsorship agreement governing the use of the College District’s trademarks in connection with athletics.
- Intellectual Property (IP) includes but is not limited to trademarks, service marks, and copyrighted material that directly or indirectly creates an association with the College District (e.g., Blinn College, Buccaneers, etc.).
- License/Licensing means a right or permission granted by the College District to use property, including IP, owned by the College District, which use would otherwise be impermissible without such permission.
- Multimedia Rights (MMR) include but are not limited to the sponsorship and advertising rights of College District Athletics (e.g., in-venue signage, television advertising, radio advertising, print advertising, digital advertising, and social media advertising).
- NIL Activities include any business activity in which a Student-Athlete is compensated in any way for the use of the Student-Athlete’s name, image, or likeness.
- Official Team Activities include the following activities that are arranged/scheduled by College District Athletics:
- Practice and skill instruction in the Student-Athlete’s sport;
- Competitions (including exhibitions and scrimmages) in the Student-Athlete’s sport;
- Team travel to and from away-from-home competition (not including team-designated free time);
- Organized team promotional activities (e.g., photograph sessions);
- Community service/relations events and team-building activities;
- Media activities;
- Required activities that recognize Student-Athletes’ achievements (e.g., banquets, awards ceremonies, halftime recognition); and
- Institutional camps and clinics.
- Professional Representative/Representation for NIL includes, but is not limited to, representation by any individual or entity (outside of the College District) engaged by a Student-Athlete for the purpose of securing compensation or benefits for a Student-Athlete’s NIL Activities.
- Prospective Student-Athlete means a student who has started classes in the ninth grade in high school (or a younger student who has received financial assistance or other benefits from the College District generally not provided by the College District to other prospective students) and who has yet to become a Student-Athlete at the College District.
- Staff includes faculty and staff employees of the College District, including student workers, part-time employees, and full-time employees, regardless of whether they work for College District Athletics.
- Student-Athlete means a student enrolled (i.e., admitted and registered for classes) at the College District and identified on the player roster of at least one College District intercollegiate athletic team.
- Team Contract means a contract between a Student-Athlete and the College District and includes any rules or expectations of College District Athletics or the Student-Athlete’s head coach that require a Student-Athlete’s compliance as a condition under the contract of participation as a member of the intercollegiate athletic program.
- College District Honor Code means a set of rules or principles governing an academic community to which a student agrees to abide when attending the College District. Please see the “Special Program Students” section in the Student Code of Conduct.
Policy Overview
1. Responsible Office
The College District’s Director of Athletics and the Office of General Counsel has responsibility for administering this regulation and ensuring compliance.
2. Compliance with Governing Law and Policies
Student-Athlete NIL Activities must comply with federal, state, and local law; NJCAA regulations; College District Athletics policies/regulations (including this NIL Regulation); College District Athletics team policies and/or contracts; and College District policies and regulations applicable to all students. The College District and its staff shall not provide legal advice to Student-Athletes with respect to their NIL Activities.
3. General Right to Engage in NIL and Retain NIL Representation
Subject to this NIL Regulation, the College District does not prohibit or otherwise prevent: (a) a Student-Athlete from using his/her name, image, or likeness for a commercial purpose when the Student-Athlete is not engaged in Official Team Activities, or (b) a Student-Athlete from obtaining Professional Representation, including representation by an attorney licensed to practice law in Texas, for contracts or other legal matters relating to the use of the Student-Athlete’s name, image, or likeness.
4. Required Education
The College District will provide and require all student athletes to attend a financial literacy and life skills course during their first year of enrollment in the College District. The course will include information on financial aid, debt management, time management, budgeting, and academic resources available to the student athlete. During the course, the College District may not allow any provider of financial products or services to: (a) market, advertise, or refer the provider's services to a student athlete; or (b) solicit a student athlete to use the provider's services.
5. NJCAA Limits on NIL Arrangements and/or Agreements
Pursuant to NJCAA bylaws, any arrangement or agreement compensating a Student-Athlete for the use of his/her name, image, or likeness must meet all NJCAA requirements and may not be contingent upon enrollment, athletic performance, or achievement.
College District licensing information and agreements may be obtained from the College District’s Communications, Media Relations, and Marketing Department at communications@blinn.edu.
Before scheduling photography and videography on campus, please contact the Director of Communications, Media Relations, and Marketing at communications@blinn.edu.