graduated, violates the State Board Amateur Policy and this application note and shall be subject to
penalty.
(g)
An all-star/bowl game is defined as (i) any contest where admission is charged, either directly or in
directly, and; (ii) one or both teams is composed of players selected from two or more regularly
constituted teams.
(h)
Teams authorized to participate in benefit/fundraisers (student/faculty game, alumni game, etc.)
must be composed exclusively of players from the same high school. Outside the sports season, an
existing team may not play an outside team in a benefit game and may not be coached by their
coaching staff members. A benefit game played during the sports season must count as an official
contest.
1.2.12 National Governing Body Sanctioned Events - Participation in activities or events sanctioned by a nation
al governing body is permissible at any time. See NCHSAA website for list of national governing bodies.
1.2.13 Name, Image, and Likeness - The NCHSAA enforces and applies ATHL-008 Name, Image, and Likeness
which provides:
1.
Definitions - As used in this Policy, the following definitions apply:
a.
“Compensation” means anything of value to the student or an immediate family member of
the student, including cash, in-kind gifts, discounts, and other tangible benefits.
b.
“Name, image, or likeness” or “NIL” means the use of a student’s name, image, or likeness
for commercial purposes and in exchange for compensation to the student or an immediate
family member of the student.
c.
“NIL agreement” means any formal agreement or contract to use a student’s name, image, or
likeness for commercial purposes and in exchange for compensation to the student or an
immediate family member of the student.
d.
“School administrators” includes the principal and athletic director of the student's school,
the local superintendent, the chairperson of the PSU governing body, and the head coach of
any sport in which the student participates during the terms of an NIL agreement.
2.
Restrictions on NIL Agreements - A student participating in interscholastic athletics may enter an
NIL agreement subject to the following restrictions:
a.
The NIL agreement shall not condition the receipt, type, or extent of any compensation on
the extent or quality of the student's athletic performance.
b.
If the student is under 18 years of age, the student's parent or legal guardian shall be a party
to the NIL agreement.
c.
The NIL agreement shall hold the following parties harmless from any liability related to, or
arising from the NIL agreement:
d.
The governing body of the PSU in which the student is enrolled, as well as its officers and
employees.
e.
Any administering organization with which the PSU is affiliated, as well as its officers and
employees.
f.
The State Board of Education and the Department of Public Instruction, as well as their offi-
cers and employees.
g.
The NIL agreement shall otherwise comply with state and federal law.
3.
Disclosure Requirements - The student shall disclose the NIL agreement to school administrators in
accordance with the following procedures:
a.
No later than 10 business days prior to the execution of a proposed NIL agreement or an
amendment to an existing NIL agreement, the student shall provide a complete and unre-
dacted copy of the proposed NIL agreement or amendment to school administrators.
b.
No later than five business days after the execution or amendment of the NIL agreement,
the student shall provide a complete and unredacted copy of the executed NIL agreement or
amendment to school administrators.
c.
No later than 10 business days prior to a student's entry into an NIL agreement, the student
shall complete the NIL education course offered by the NFHS. If the student is under 18
years of age, the student's parent or legal guardian shall also complete the course. Those
persons required to complete the course shall provide school administrators with a certifi-
cate of completion from the NFHS.
4.
Permitted NIL Activities - A student participating in interscholastic athletics may enter into an NIL
agreement to use the student's name, image, or likeness in any of the following ways:
a.
Public appearances or commercials.
b.
Autograph signings.
c.
Athletic camps and clinics.
d.
Sale of non-fungible tokens (“NFTs”).
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