GHSA warns students, schools of ‘NIL Clubs’

Published 1:00 pm Friday, June 28, 2024

THOMASTON — The Georgia High School Association is warning schools and young athletes about eligibility when it comes to a rising trend of “NIL Clubs.”

The clubs have come into being following changes to rules that allow athletes to profit from their name, image or likeness — but some of the clubs’ activities might violate the GHSA rules on the subject.

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The full letter, penned by retiring executive director Robin Hines, was posted by the Atlanta Journal-Constitution.

Directed to “all member GHSA schools,” the letter said the league “has been made aware that many students of member schools have been contacted by creators of ‘NIL Clubs’ inviting them to join the ‘Club’ which is specific to their school and team activity.”

One major website of this type, NIL Club, has colleges’ and universities’ individual sports and organizations listed. Calling itself “athlete-operated fan community,” the site allows athletes to post content, including video messages, available for those who subscribe, with the NIL Club website keeping a percentage of any money generated.

A handful of sports from Abraham Baldwin Agricultural College, Valdosta State University and Thomas University are listed on NIL Club.

The site makes clear it is not affiliated with any school at any level. NIL Club’s FAQ stated it is open to high school students, but beyond a claim of having legal experts to ensure compliance with each state association, there are few specifics.

Any high school athlete wanting to participate must first download the NIL Club app to see if their state is available. If it is not, NIL Club said they must request it to be added.

Joining NIL Club or groups like it is in potential violation of GHSA’s NIL rules.

Last year, the GHSA allowed for NIL compensation, but under strict guidelines, including that any name, image or likeness promotion cannot involve the student’s school.

“The posting by any student of apparel of their school or the GHSA, equipment bearing the name, mascots or logos of their school or the GHSA, game footage or other intellectual property of the GHSA or its member schools would be a violation of GHSA NIL rules resulting in potential loss of eligibility to compete,” said Hines.

Violations could not only cost the student eligibility, but also the school. Hines said the GHSA “intends to full investigate violations of and to enforce its NIL rules.”

Full GHSA NIL rules are listed online at ghsa.net, in the league’s Constitution and By-Laws under Appendix N.

Beyond not being allowed to use school or GHSA intellectual property, student-athletes must not be compensated for any specific performance, to be enrolled at a particular school and the compensation may not be from an agent.

In addition, a student, their family or guardian must notify the principal or athletic director of their high school within seven days of entering an agreement for NIL compensation.