{"data":{"id":"us-ky/krs-164.6947","jurisdiction":"us-ky","citation":"KRS 164.6947","heading":"Governing board of postsecondary educational institution may adopt","body":"policy regulating name, image, and likeness agreements -- Review by\ninstitution of proposed agreements -- Liability of employees for damages to\nstudent-athlete's ability to earn compensation -- Workshop in financial literacy\nand life skills -- Programs to provide agreement resources -- Disclosure of\ninformation relating to agreements.\n(1) Due to the critical mission of postsecondary educational institutions and the\nimportance of  integrity in an institution's participation in intercollegiate athletics,\nthe governing board of an institution may adopt a policy governing the name,\nimage, and likeness agreements of the institution's student -athletes. Any restrictions\nincluded in the p olicy shall be reasonable and shall not be an undue burden on the\nstudent-athlete's ability to earn compensation through NIL agreements. Reasonable\nrestrictions shall be in writing and provided to all student -athletes. The institution's\npolicy shall ensure the equitable enforcement of restrictions. Reasonable restrictions\nthat an institution may choose to impose include but are not limited to:\n(a) Prohibiting a student -athlete from entering into an NIL agreement for\nproducts or services that are reasonably considered to conflict with the\nmission of the institution, in the same manner as any other student would be\nprohibited;\n(b) Forbidding or establishing the conditions for the institution's student -athletes'\nuse of the institution's intellectual property, s uch as trademarks, trade dress,\nand copyrights, in NIL agreement activities. These conditions may include\npreferential conditions for activities involving the institution's partner entities;\n(c) Prohibiting a student-athlete from entering into any NIL agreement that would\ncause the athlete to miss an official team activity;\n(d) Restricting a student -athlete's NIL agreement activities during official team\nactivities;\n(e) Requiring a student-athlete to participate in official team activities pursuant to\nthe institutional agreement or other written team contract, which may include\nthe use of the name, image, or likeness of the athlete; and\n(f) Imposing disciplinary action under team, institution, or athletic association\nrules if a student-athlete violates the provisions of KRS 164.6941 to 164.6951\nor violates a reasonable restriction.\n(2) (a) A student -athlete who wishes to enter into an NIL agreement with a third\nparty shall submit the potential agreement to an official designated by the\ninstitution in which th e student is enrolled in a manner designated by the\ninstitution. The institution shall have up to three (3) business days to review\nthe potential NIL agreement for conflicts with the provisions of KRS\n164.6941 to 164.6951 or the institution's reasonable re strictions and provide\nthe student -athlete with a written notice of any conflicts identified by the\ninstitution. The written notice from the institution may include\nrecommendations or identify concerns. After any conflicts are resolved, the\nstudent-athlete may then enter into the agreement. Any subsequent proposed\nmodifications to the agreement shall be submitted for review in the same\nmanner.\n(b) The governing board of the institution shall adopt a policy to carry out the\nprovisions of this subsection that:\n1. Designates the official to receive NIL agreement submissions;\n2. Establishes NIL agreement review procedures;\n3. Provides student -athletes w ith a process to appeal conflict\ndeterminations; and\n4. Ensures review of appeals in a timely manner.\n(3) An institution's employees, including athletics coaching staff, or an affiliated\ncorporation's employees, shall not be liable for any damages to a stu dent-athlete's\nability to earn compensation through an NIL agreement with a third party resulting\nfrom decisions and actions routinely taken in the course of intercollegiate athletics.\nHowever, nothing in this subsection shall protect employees from acts o f gross\nnegligence, or wanton, willful, malicious, or intentional misconduct.\n(4) An institution shall provide the institution's student-athletes with a financial literacy\nand life skills education workshop for a minimum of five (5) hours at the beginning\nof the athlete's first and third academic years. The education shall, at a minimum,\ninclude information concerning financial aid, debt management, saving and\nbudgeting best practices, time management, available academic resources, and the\nskills necessary for success as a student -athlete. The workshop shall also provide\nsocial media and brand management education. The workshop shall not include any\nmarketing, advertising, or referral for, or solicitation by, providers of financial,\nmarketing, branding, or other NIL agreement products or services.\n(5) An institution's governing board may establish a program to provide NIL agreement\nresources and ongoing support to the institution's student -athletes. The mission and\nthe extent of the program shall be establish ed by the governing board and may\ninclude:\n(a) Providing impartial analysis of potential NIL agreements;\n(b) Referring third parties soliciting potential NIL agreements to student -athletes\nor their athlete agents; and\n(c) Maintaining educational resources on name, image, and likeness for student -\nathlete use.\n(6) An institution's governing board may establish a program to provide NIL agreement\nresources as it relates to student -athletes to the general public and potential third -\nparty licensees.\n(7) For the p urposes of the Kentucky Open Records Act, KRS 61.870 to 61.884, a\nstudent-athlete's institutional agreement or an NIL agreement submitted pursuant to\nsubsection (2) of this section to a public postsecondary institution and the\ninformation obtained from the  agreement shall be considered as containing\ninformation of a personal nature where the public disclosure thereof would\nconstitute a clearly unwarranted invasion of personal privacy under KRS 61.878\nand not subject to disclosure.","path":["KRS Chapter 164"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55880","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:17Z","sha256":"67496fe2c3b13505c65fbf595f45c24b3457149079e8e0574f37e35954e76c06","source_id":"us-ky","stale":false,"prev":"us-ky/krs-164.6945","next":"us-ky/krs-164.6949"},"notice":"GroundRules: Original legal text. Not legal advice."}