Saint John's University

I.   PURPOSE AND SCOPE
Saint John’s University (“SJU”) supports student-athletes receiving compensation for the use of their name, image and likeness (“NIL”) from sources outside of SJU. In accordance with NCAA rules, SJU has adopted this Student-Athlete Name, Image and Likeness Policy which provides SJU’s requirements for intercollegiate athlete’s to receiving compensation for the use of their NIL. 

This policy applies to all SJU student-athletes who participate on a varsity intercollegiate athletic team, and all prospective student-athletes seeking to participate on a SJU varsity intercollegiate athletic team. This policy governs all the NIL activities of the student-athletes defined in this policy. 
A student-athlete’s failure to comply with this policy may result in penalties imposed by the NCAA and/or SJU that could impact the student-athlete’s eligibility to participate in intercollegiate athletics and/or result in disciplinary action by SJU.

This policy is intended to comply with Minnesota law, federal law, and applicable NCAA and athletic conference policies and regulations (collectively, the “External Rules”). To the extent that this policy conflicts with any External Rules, the External Rules apply.

II.  DEFINITIONS
    Student-Athlete: An individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for the purposes of that sport.     
    Compensation: means money, cash equivalents (such as gift cards), and non-cash benefits (such as meals or products received without charge). 
    NIL: means a student-athlete’s name, image or likeness. 
    NIL Activity: means any business activities in which a student-athlete receives any compensation for the use of their NIL. 

III. PERMISSIBLE NIL ACTIVITIES
Student-athletes may engage in NIL activities if the activities: (a) are disclosed to SJU in accordance with this policy; (b) are permissible under External Rules; and (c) do not violate the policies and regulations of SJU, including, this policy, or the policies and regulations of the NCAA or SJU’s athletic conferences.

IV. REQUIRED DISCLOSURE 
All proposed NIL activities, whether discovered through the INFLCR Exchange (the “Exchange”) or through methods outside of the Exchange must be disclosed to SJU for advance review through the INFLCR app. Student-athletes should not enter into any NIL activity before SJU completes its review of the activity as the student-athlete may be required to modify the arrangement. Disclosure is required so that SJU Athletics Compliance can monitor compliance with NCAA rules, External Rules and SJU policies. Failure to disclose, or participation in an impermissible NIL activity prior to review by SJU may result in removal from an athletics team. 

SJU will review each submission to determine whether the proposed NIL activity conflicts with an existing SJU agreement or is within one of the Restricted Categories described in Section V. below. If the activity falls into one of the Restricted Categories, SJU will notify the student-athlete. If the proposed activity conflicts with a SJU agreement, SJU will identify the conflicting provisions. The student-athlete may not enter into the arrangement if the activity falls into one of the Restricted Categories or conflicts with an existing SJU agreement. 
If the NIL activity arrangement/agreement is modified at any time after initial submission to SJU, student-athletes must submit the modified agreement via INFLCR before beginning the NIL activity.  If the arrangement/agreement is modified after the NIL activity has begun, the modification must be disclosed via the INFLCR app within five business days of the modification. 

V. RESTRICTED CATEGORIES OF NIL ACTIVITIES
SJU has established the following restrictions on NIL activities to ensure that student-athletes continue timely academic progress, fulfill team obligations, and to avoid conflicts of interest with, or violations of, the rules and/or policies of the NCAA, SJU’s athletic conferences and SJU’s policies. 

A.    Category Restrictions
Student-athletes are not permitted to engage in NIL activities with people or organizations in the following categories and business sectors:
•     Adult entertainment products and services, gentlemen’s clubs, and escort services;
•    Alcoholic beverages and other alcohol products; 
•    Tobacco and/or vaping products
•    Cannabis in any form, and associated products and paraphernalia
•    Gamble or sports betting
•    Firearms and other weapons
•    Controlled substances or NCAA banned substances
•    Any other category that SJU reasonably determines may reflect adversely on SJU. 

B.    Compensation Restrictions
Any form of compensation received by a student-athlete for NIL activities must be for work actually performed and reflect fair market value. This means the compensation must be commensurate with the going rate for similar services in the relevant market. Student-athletes are not permitted to accept compensation, or a promise of compensation, that is based on athletic performance or intended to ensure the student-athletes retention or participation in a SJU athletics program. Prospective student-athletes are not permitted to accept compensation, or a promise of compensation, that is intended to convince or encourage the prospective student-athlete to enroll or reward them for enrolling at SJU.  

C.    Activity Restrictions
Student-athletes are not permitted to engage in NIL activities that conflict or interfere with academic or team-related activities. Student-athletes must not miss classes, mandatory academic activities, required team practices or meetings, scrimmages, games, community service, travel or other team obligations to participate in NIL activities. 

D.    Conflicting Contract Restrictions
Student-athletes may not participate in NIL activities that conflict with an agreement SJU maintains, such as an endorsement or licensing contract. 

E.    Sales Restrictions
Student-athletes may not sell apparel, equipment, awards or other items issued to them by SJU until the student-athlete’s eligibility to participate in intercollegiate athletics has expired. 

VI.  USE OF SJU RESOURCES
SJU and its employees are not permitted to assist student-athletes with NIL activities or to compensate or arrange or cause compensation to student-athletes or prospective student-athletes for NIL activities. If student-athletes wish to use SJU resources for their NIL activities, the student must follow the same rules and pay the same rates as others who seek to use SJU resources for commercial activities. Rules for commonly requested resources are summarized below.  

A.    Intellectual Property
Student-athletes must not use any intellectual property of SJU, its athletic conferences or the NCAA without unless those rights have been secured through a written agreement granting specified rights by the SJU Marketing and Communications Department. SJU intellectual property includes, but is not limited to, the Johnnies name and mascot; athletics uniforms; other apparel or gear containing elements of SJU trademarks, logos or symbols; videos or other images that contain elements of SJU intellectual property (regardless of the image was obtained); and photos, videos and other images that are the property of SJU (regardless of whether they contain SJU intellectual property). 
When participating in NIL activities, student-athletes may include a biographic reference identifying themselves as a SJU student, the sport(s) and position(s) they play. However, they may not imply, directly or indirectly, that SJU is endorsing their NIL activities or related products or services. 

B.    Facilities
Student-athletes may not receive benefits (i.e. use of institutional facilities, use of department resources, etc.) if such benefits are inconsistent with institutional policies. 
Use of SJU and other institutional facilities is generally not permissible for NIL activities. Exceptions to this requirement require advance written permission by the Director of Athletics identifying the specified use and may require the signing of a waiver of liability form and payment of applicable rental fees. Student-athletes will be required to pay the same rental rates available to any other student at SJU and many not receive special rates or discounts for use of SJU facilities or resources. Commercial filming and photography required advance permission from the SJU Marketing and Communications Department. 

V. PROFESSIONAL ADVISORS
Student-athletes may use the services of professional advisors to assist with their NIL activities and to review NIL activity agreements. Professional advisors include, for example, marketing agents, brand managers, tax advisors and attorneys. The engagement of professional advisors must be limited to NIL activities and may not be used to secure opportunities as professional athletes. In addition, the professional advisors may not be SJU employees (faculty, staff, or student workers) or contractors providing services to SJU athletics. This policy does not create an obligation by SJU to provide a student-athlete with legal or other professional advice concerning their NIL activities.

VI. OTHER
A.    Tax and Other Obligations
Student-athletes are responsible for all tax, withholding, reporting, permissions and all other obligations and liabilities associated with their NIL activities. In addition to Minnesota and federal law obligations, student-athletes may be subject to the NIL laws of the state where the legally reside. Student-athletes should consult with an tax professional concerning the tax implications of the NIL activities. 

B.    International Students
International student-athletes may not be eligible to receive compensation for NIL activities in the United States. They should confer with government agencies or the SJU Office of International Programs for information regarding visa and tax consequences. 

C.    Need-Based Financial Aid
Need-based financial aid takes into consideration student income and assets. Therefore, Pell grants, state grants and other need-based financial aid of a student-athlete may be affected based on compensation from NIL activities. Questions related to a student-athlete’s receipt of financial aid should be directed to the SJU Financial Aid Office.