Congratulations to Jeffrey N. Lowe for being awarded by the Secretary of State the Athlete Agent certification for the State of Kansas!
What does all this mean? Athletes can hire an agent or lawyer to help them. Jeffrey N. Lowe is now registered with the State of Kansas as a Professional Service Providers/Agent, and the Penner Lowe Law Group, LLC is able to help student-athletes in Kansas navigate the parameters in which student athletes can engage with potential opportunities under their NIL.
Name, Image and Likeness (NIL)
There is no current legislation for Name, Image and Likeness (NIL) announced in Kansas. It is important for athletic departments and student-athletes in Kansas to maintain a clear line of communication on all things NIL related to make sure both are remaining compliant with the NCAA and/or institutional policies.
Generally speaking, and recognizing each university could be different from institution to the next, student-athletes at state universities and colleges throughout Kansas may earn compensation from the use of their NIL so long as such activities comply with that school’s internal policy and do not exceed market value for the activity.
Here is a summary of the bare bones NIL particulars a student athlete needs to be familiar with:
Examples of how student-athletes may use their NIL (not an exhaustive list):
· Promote their own business
· Promote a corporate entity (e.g., brand ambassador, social media influencer)
· Establish their own camp or clinic
· Make an appearance at a location and receive compensation
· Sign autographs and receive compensation
Student-athletes may not enter into a contract or other agreement with a third-party for NIL compensation if the NIL activity:
· includes any state university or that university’s athletics logos or trademarks without having received prior written approval for use.
· is conducted in any university’s athletics facilities unless the facilities have been rented in the same manner as made available to the general public.
· involves a commercial product or service that conflicts with NCAA, that university, and/or that university’s athletics policy, including but not limited to:
o Adult entertainment and/or pornography
o Alcohol
o Alternative or electronic nicotine product or delivery systems
o Bars and nightclubs
o Cannabis-related enterprises including dispensaries, grow suppliers, seed companies, etc.
o Drug and/or alcohol paraphernalia
o Casinos or other Gambling Services
o Performance enhancing drugs
o Recreational drugs
o Sports Wagering
o Tobacco and/or tobacco alternatives
o Weapons
· violates the that university’s code of conduct and related conduct or responsibility policies within the athletic department and university in general.
· will interfere with class attendance or academic services.
· conflicts with team activities. Team activities include practices, competitions and other athletics department sponsored events including but not limited to fan days, media days and other media opportunities. Head coaches may include additional team activity restrictions into their team rules.
· involves selling awards, apparel, or equipment provided to them by that university or athletic department.
· discredits that university or the athletics department or causes harm to its public reputation.
Athletes can hire an agent or lawyer to help them. Jeffrey N. Lowe is now registered with the State of Kansas as a Professional Service Providers/Agent, and the Penner Lowe Law Group, LLC is able to help student-athletes in Kansas navigate the parameters in which student athletes can engage with potential opportunities under their NIL.