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Marketing Agents

Student-athletes may secure representation such as an agent or marketing representative for NIL activities. The prior guidelines on professional representation stay in place and student-athletes may not secure representation for future professional athletic contract negotiations. All athlete agents representing student-athletes from the University of South Carolina must comply with federal and state regulations surrounding athlete agents and their activities.

As a reminder, representation for any purpose other than for the marketing of your name, image, or likeness will jeopardize your athletics eligibility.  If you intend to remain eligible for intercollegiate athletics, any representation by an agent, attorney, marketing representative, brand manager, etc. should be solely limited to the marketing of your name, image, or likeness. You should contact the Office of Compliance Services with any questions.  Student-athletes are responsible for ensuring all individuals hired to represent them in name, image, likeness activities are registered with both the University of South Carolina and the State of South Carolina.

University of South Carolina Registration:
UofSC guidelines say that all agents or marketing representatives should register with the Athletics Department prior to entering into a representation agreement with any student-athlete at the University of South Carolina. The Agent Registration Form must be completed and returned to Hilary Cox – coxha@mailbox.sc.edu – prior to entering into an agreement with the student-athlete.

State of South Carolina Registration:
The South Carolina Department of Consumer Affairs (SCDCA) oversees the Athlete Agent registration
process in the state of South Carolina. The Uniform Athlete Agents Act, originally enacted in 2004, was updated in 2018. It requires anyone engaging in certain activities with or on behalf of student-athletes file for a registration as an athlete agent with the S.C. Department of Consumer Affairs.

An athlete agent is defined by SCDCA as an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include an individual acting solely on behalf of a professional sports team or professional sports organization.

An athlete agent may not contact athletes until they register, but the student can make the first contact
with the agent. If the student initiates the communication, the agent must register within seven days
after acting as an “agent”. At no time can an unregistered agent enter into a contract with a student.

 

Guidelines

  • Updated Information Toggle content

    Below are University of South Carolina guidelines related to Name, Image, and Likeness (“NIL”) activities. South Carolina law S. 685 – “Intercollegiate Athletes’ Compensation for Name, Image, or Likeness” was suspended on July 1, 2022, for a one-year period. During this one-year period, the following University of South Carolina guidelines will govern all NIL activities of University of South Carolina student-athletes. The following guidelines apply to student-athletes upon enrollment at the University of South Carolina.

  • NIL Activities Toggle content

    Student-athletes at the University of South Carolina may earn compensation for their name, image, or likeness. These activities include but are not limited to autograph signings, personal appearances, social media endorsements, camps/clinics, private lessons, and promoting a commercial product or service.

    Student-athletes may not participate in NIL activities that take place during official team activities or conflict with a student athletes’ academic obligations. NIL activities may occur during free time as designated by the team’s official travel or practice itinerary or academic schedule.

    Definitions:

    • Official Team Activities: activities relating to practices, competitions, games, exhibitions, scrimmages, institutional athletic media appearances, university sponsored camps, team meetings, team travel, interviews, or any sponsored university function being attended by the team
    • Academic Obligations: student-athlete obligations referring to class, tutors, exams or any other required academic responsibilities as deemed required by the university

    Athletic boosters may create or facilitate NIL compensation opportunities to current and prospective student-athletes provided those deals are not used as a recruiting inducement or inducement to remain enrolled for current student-athletes at University of South Carolina.

    Only designated staff members may be involved in your NIL Activities (designated staff members shall not include coaches). Staff members that are not designated to participate in NIL activities must direct all inquiries to the designated staff members.

    Student-athletes should disclose all NIL activities prior to the activity occurring through the University’s designated system – INFLCR. Failure to disclose an NIL activity in advance could result in eligibility consequences.

  • Compensation Toggle content

    A student-athlete’s scholarship awarded by the University of South Carolina is not considered compensation and may not be revoked or reduced because of a permissible NIL agreement.

    A student-athlete’s compensation earned may be used in the calculation for need-based financial aid available to the general student population based on federal guidelines, and therefore, could impact the amount of need-based aid a student-athletes is awarded.

  • International Student-Athletes Toggle content

    Due to federal guidelines, student-athletes attending the University of South Carolina on an F-1 visa are encouraged to contact International Student Services prior to participating in any name, image, likeness activities.

  • Institutional Policy Toggle content

    Below are University of South Carolina policies related to Name, Image and Likeness (“NIL”) activities.

    The University of South Carolina fully supports the law changes recommended in S.C. Code Ann. § 59-158-40 (2021) as participation in intercollegiate athletics should not infringe upon the intercollegiate athlete’s rights to earn compensation for their NIL. The interim NCAA policy and institutional policies provided below remain applicable until either federal legislation or new NCAA rules are adopted.

    Interim NCAA policy

    1. Academically eligible student-athletes at the University of South Carolina may earn compensation for their name, image, or likeness.
    2. University of South Carolina institutional staff members shall not be involved in arranging NIL agreements, contracts, appearances, gift-in-kinds and/or compensation for an intercollegiate athlete or providing compensation themselves.
    3. Athletic boosters may create or facilitate NIL compensation opportunities to current and prospective student-athletes provided those deals are not used as a recruiting inducement or inducement to remain enrolled for current student-athletes at University of South Carolina.
    4. NIL activities must occur outside of participation in academic, athletic, or University of South Carolina sponsored activities.
    5. A student-athlete’s scholarship awarded by the University of South Carolina is not considered compensation and may not be revoked or reduced because of a permissible NIL agreement.
    6. A student-athlete’s compensation earned may be used in the calculation for need-based financial aid available to the general student population based on federal guidelines, and therefore, could impact the amount of need-based aid a student-athletes is awarded.
    7. Student-athletes may use University of South Carolina intellectual property with the prior written approval of the University of South Carolina Athletics Department. Student-athletes may autograph and sell officially licensed memorabilia that includes University marks that is purchased by the student-athletes.
    8. South Carolina State Law prohibits the use of University of South Carolina facilities for NIL activities.
    9. All NIL activities must be disclosed through the Compass app 48 hours prior to the activity. All in-kind deals should be submitted as soon as the deal is agreed upon.
    10. The University of South Carolina retains all rights to content produced or published by the University or associated entities.
    11. The University of South Carolina will provide student-athletes with both required and optional education opportunities regarding NIL including, life skills, career development, and financial literacy to best prepare student-athletes for the new landscape.
    12. Due to federal guidelines, student-athletes attending the University of South Carolina on an F-1 visa are encouraged to contact International Student Services prior to participating in any name, image, likeness activities.
    13. Student-athletes may secure representation such as an agent or marketing representative for NIL activities. The prior guidelines on professional representation stay in place and student-athletes may not secure representation for future professional athletic contract negotiations.
    14. All athlete agents representing student-athletes from the University of South Carolina must comply with federal and state regulations surrounding athlete agents and their activities.
    15. If an athlete agent is an attorney, then he or she must also be a member in good standing of in all state bar associations the athlete agent is a member of.
  • Disclosure Toggle content

    S.C. Code Ann. § 59-158-40 (2021) requires that student-athletes disclose all name, image, likeness activities to the university. All student-athletes have an account through Compass that should be used when disclosing NIL activities. South Carolina requires that student-athletes disclose their NIL activities, at minimum, 48 hours prior to the activity occurring.

  • Education Toggle content

    The University of South Carolina will provide student-athletes with both required and optional targeted education opportunities regarding NIL including, life skills, career development, and financial literacy to best prepare student-athletes for this landscape.

  • Use of Facilities Toggle content

    NIL activities are prohibited in the University of South Carolina facilities unless approved through the standard facility rental process. Note that permission to use the facility does not constitute permission to use University of South Carolina intellectual property. Designated staff members may use institutional facilities for the facilitation of NIL activities.

    UofSC Athletics Facility Rental Guidelines 

  • Use of Institutional Marks Toggle content

    An intercollegiate athlete shall not use University of South Carolina registered trademarks, products protected by copyright, or official logos, marks, colors without the written approval of the University of South Carolina Department of Athletics (UofSCAD).

    The rules for such use of University of South Carolina institutional marks shall be as follows:

    • Merchandise & Memorabilia: An intercollegiate athlete may autograph and sell items
      with University of South Carolina institutional marks without prior approval, generally.
      However, intercollegiate athletes cannot autograph or sell items issued, owned, or
      controlled by UofSCAD.
    • Use of University of South Carolina Institutional Marks as an endorsement by
      University of South Carolina Athletics Department: Intercollegiate athletes shall not be
      allowed to use, or permit third parties to use, institutional marks in connection with
      such NIL activities if such use constitutes or implies a direct or indirect endorsement by
      the University of South Carolina of such third party (even if the third party is a school
      partner and already has rights to use school marks). Intercollegiate athletes, their
      agents, and/or the third parties must obtain prior written consent from UofSCAD for any
      such use as an endorsement.
    • Use of University of South Carolina Institutional Marks in Conjunction with
      Intercollegiate Athlete Appearances: Intercollegiate athletes, their agents, and/or third
      parties must obtain prior written consent from UofSCAD for use of any institutional
      mark in connection with appearances associated with NIL activities.

    An intercollegiate athlete may request use of intellectual property, including but not limited to official logos, marks, colors, by using the NIL Use of Marks Request Form. This form must be submitted no later than five (5) business days prior to the event or activity. Any request submitted after this deadline shall be denied. The completed request form should be submitted to Eric Nichols, Senior Associate Athletics Director for Marketing and Branding.

    enichols@mailbox.sc.edu

    NIL Use of Marks Request Form

  • Use of Intellectual Property Toggle content

    Student-athletes may use University of South Carolina intellectual property only with prior written
    approval of the University of South Carolina Athletics Department. Student-athletes may autograph and sell officially licensed memorabilia that includes University marks that is purchased by the student-athletes from official licensees. The University of South Carolina retains all rights to content produced or published by the University or
    associated entities.

  • Professional Service Providers Toggle content

    Student-athletes may secure representation such as an agent or marketing representative for NIL activities. The prior guidelines on professional representation stay in place and student-athletes may not secure representation for future professional athletic contract negotiations. All athlete agents representing student-athletes from the University of South Carolina must comply with federal and state regulations surrounding athlete agents and their activities. If an athlete agent is an attorney, then he or she must also be a member in good standing of in all state bar associations the athlete agent is a member of. Athlete agents can complete the Athlete Agent Registration form and return to Hilary Cox, Associate Athletics Director for Administration, at coxha@mailbox.sc.edu.

  • Student-Athlete Agent Representation Toggle content

    Student-athletes may secure representation such as an agent or marketing representative for NIL activities. The prior NCAA guidelines on professional representation remain and student-athletes may not secure representation for future professional athletic contract negotiations. Agents or marketing representatives must abide by the Uniform Athlete Agents Act and register with the South Carolina Department of Consumer Affairs.

    Agents or marketing representatives should register with the Athletics Department prior to entering into a representation agreement with any student-athlete at the University of South Carolina. Student-athletes are responsible for ensuring their representation has registered with both the state of South Carolina and the University of South Carolina Athletics Department.

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