Montana Technological University supports student-athletes receiving compensation for the use of their name, image, and likeness from sources outside the University consistent with the requirements of Montana state law and limited guidance provided by the NAIA.
The NAIA handbook states: A student-athlete receiving compensation for the use of his or her name, image or likeness to promote a commercial product or enterprise, or public or media appearance must report it in writing to his or her athletics director when such promotion includes reference to his or her status as a student-athlete or institution. Failure to do so shall result in an institutional self-report, to be reviewed by the National Coordinating Committee. The committee is empowered to review such violations and apply penalties as necessary, including but not limited to a warning or reprimand to the student-athlete, withholding the student from future competitions, and/or determining the student has lost his or her amateur status.
Name, Image, and Likeness is a rapidly evolving area and, as such, the following information will be subject to ongoing review and revision as circumstances, laws and regulations change. Student-Athletes and those connected with Montana Technological University Athletics should refer back to this page frequently for the most up-to-date information. General Provisions of the policy are provided below.
General Provisions
• Student-athletes may earn compensation for their name, image, and likeness. Such compensation must be within fair market value and includes a wide range of activities including but not limited to: autographs, sponsored social media posts, traditional commercials or advertisement for products or services, developing and promoting their own business, personal appearances
• Montana Technological University, the athletic department, staff members or boosters 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 Montana Technological University. • The expectation is that NIL compensation opportunities will not conflict with academic or team-related activities.
• Student-Athletes will only be allowed to use University or athletic department related marks and logos, color scheme, team or player photographs and videos, any and all aspects of the uniform, including but not limited to, team colors, designs, and player numbers, if those rights have been secured through a written agreement granting specific rights from the University or written permission from the University. Contact to receive written permission. This includes posts and hashtags on social media when endorsing a product or service under NIL agreements.
• Student-athletes will not be permitted to enter into NIL agreements with gambling/sports wagering vendors, adult beverage or adult entertainment companies, tobacco or vape vendors, medical marijuana companies/vendors or any vendors associated with athletic performance enhancing drugs, or any vendor/organization that conflicts with the core values of the University.
• 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 Nick Bowsher (nbowsher@mtech.edu).
• Student-athletes must disclose within four days of any NIL agreements to the athletic department. This should be reported through the University provided link found HERE on the Digger Athletics website www.godiggers.com. This is not an approval process but a component of Montana state law.
• 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 an athletic program at the institution. • A student-athlete under the age of 18 years must have any contract for compensation for her or his name, image, likeness, or persona approved by a parent or guardian.
• International student-athletes should not enter into any NIL agreements without guidance from the Montana Technological University International Student Advisor to guard against any potential immigration issues.
• Student-athletes should be aware that their name, image, and likeness income would likely be considered taxable income. Student-athletes should consult with an appropriate tax professional about the tax implications of any compensation they earn.
• Pell Grant or need-based financial aid could be impacted based on compensation from Name, Image, and Likeness. Those questions should be directed to the Montana Technological University Financial Aid Department.
University Resources and Reputation
• Those who have chosen to be a student-athlete have chosen to act as public representatives of the University and may not engage in name, image, and likeness activities that may harm the reputation of the institution. This may include but is not limited to promoting products or services such as gambling, adult entertainment, tobacco, or banned substances.
• Student-athletes may not engage in any name, image, or likeness opportunities for compensation during any organized team activities (e.g. practice, competition, team travel, team-organized media appearances, team or university promotional events, etc).
• Student-athletes are not permitted to sell or trade any equipment, apparel, awards, or complimentary admissions provided to them by the Montana Technological University Athletic Department as part of any name, image, or likeness activities.
Role of the University
• Montana Technological University is not responsible for providing or procuring name, image, and likeness opportunities for any student-athlete(s).
• Montana Technological University is not responsible for any tax liabilities or other costs student-athletes incur as a result of their choice to engage in name, image, and likeness activities.
• Student-athletes, like all students and staff of the University, may not use the University name, trademarks, service marks, logos, symbols, or any other intellectual property, whether registered or not, without appropriate approval.
Professional Advisors
Student-athletes may retain and use the services of professional advisors to assist them in their name, image, and likeness activities, such as marketing agents, tax advisors, legal advisors, etc. Student-athletes must pay the normal costs and fees associated with such services.
• Please note, however, student-athletes may not employ an agent for the purpose of negotiating with professional athletic teams or organizations without jeopardizing their collegiate athletics eligibility