NAME, IMAGE, AND LIKENESS AT MIDWESTERN STATE UNIVERSITY (“MSU”)
NIL Activity at MSU is governed by MSU Operating Policy 20.04:
Name, Image and Likeness (“NIL”) Compliance, together with applicable federal and Texas state law(s), NCAA rules and regulations, and Lone Star Conference rules and regulations. In the event of conflict between this Q&A document and the authorities listed above, the applicable policy, law, or governing rule shall control. This Q&A document is provided for informational purposes only and should not be relied upon as a substitute for applicable policy, governing law(s), or governing rule(s).
FAQs / Name, Image, and Likeness (“NIL”) & MSU
What is NIL?
Name, Image, and Likeness (“NIL”) is defined as an individual’s name, nickname(s), picture, portrait, likeness, signature, voice, caricature, identifying biographical information, or other identifiable features. NIL activity generally refers to an individual's ability to receive compensation for the authorized commercial use of their NIL, subject to applicable law(s), NCAA rules, and other governing policies.
Student-Athlete NIL opportunities could include, but are not limited to:
- Autographs
- Business Ventures
- Endorsements
- Lessons & Camps
- Merchandise
- Personal Appearances
- Personal Content Creation
- Social Media Posts
How is MSU Athletics setting up Student-Athletes for success?
MSU has chosen to partner with
Opendorse on their
Ready and
Social platforms.
What is Opendorse Ready? Opendorse Ready™ is the industry-leading NIL readiness program that provides every Student-Athlete the opportunity to understand their NIL value and receive hands-on assistance from experts to maximize their value while on campus. While the rules governing NIL monetization for Student-Athletes are still being refined, it is important that all Student-Athletes are provided the opportunity to better understand their ability to build their personal brand to be in the best position to succeed.
Although permissible NIL activities expand well beyond social media, a Student-Athlete’s digital presence may be a leading factor in determining their NIL value and the source for a large amount of their opportunities to generate NIL related income. Thus, Opendorse Ready™ is focused on ensuring Student-Athletes build a presentable social media presence and a valuable personal brand.
The program features three distinct pillars: Education, Assessment, and Performance.
What is Opendorse Social? Opendorse Social™ maximizes content by helping Student-Athletes build their brands with drag-and-drop media libraries, one-tap publishing technology, and real-time analytics in one powerful platform.
What laws have the State of Texas passed concerning NIL?
The Texas Legislature has passed the following laws regarding NIL activities of Student-Athletes at institutions of higher education in Texas:
How does Texas state law apply to Student-Athlete NIL deals?
Student-Athletes must disclose any proposed contract the Student-Athlete may sign for use of their NIL to MSU prior to execution. MSU must promptly disclose any conflict(s) in the proposed NIL contract to the Student-Athlete. Student-Athletes should contact
Opendorse if you have questions regarding disclosures.
Term: Per Texas law, the duration of an NIL contract may not extend beyond the Student-Athlete's participation in MSU’s intercollegiate athletics program.
A Student-Athlete may not enter into a contract that:
- Conflicts with any contract between MSU and a Student-Athlete (e.g., Student Code of Conduct & Student Athlete Expectations).
- Conflicts with MSU institutional contracts as identified by MSU and in MSU’s discretion (e.g., Pepsi, exclusive contracts with the MSU Bookstore, etc.).
- Conflicts with Official Team Activities as defined by MSU; these may include but are not limited to countable athletics related activities (“CARA”), required athletic related activities (“RARA”), MSU classes, required MSU events, academic and tutorial sessions, along with medical or training sessions.
- Utilizes the marks, logos, or other intellectual property of MSU, unless express permission has been given by MSU.
- Is provided in exchange for athletic performance.
- Is provided in exchange for an endorsement of alcohol, tobacco products, e-cigarettes or any other type of nicotine delivery device, anabolic steroids, sports betting, casino gambling, a firearm the student athlete cannot legally purchase, a sexually oriented business, or any other prohibited category as described under applicable state law.
Under 17. Unless a prospective Student-Athlete younger than 17 years of age is enrolled at an institution of higher education, an individual, corporate entity, or other organization, may not enter into an arrangement relating to the athlete’s NIL with the athlete or an individual related to the athlete by blood or marriage.
How is MSU working with Student-Athletes to disclose information?
MSU has partnered with
Opendorse, and Student-Athletes should disclose their NIL activities through both Opendorse and the official MSU disclosure form.
What is needed to complete the NIL Disclosure Form?
WHO is involved:
- Student-Athlete Contact Information
- Outside Party Contact Information (Entity entering into an agreement with Student-Athlete)
- If applicable: Student-Athlete Representative Contact Information
WHAT deal is proposed:
- Deal Information & Overview (deal category, activity date, compensation, frequency)
Can Student-Athletes obtain professional representation?
Yes. Professional representation must be limited to marketing Student-Athletes’ NIL and may NOT include marketing a Student-Athlete’s athletic ability for “pay-for-play” arrangements or to seek employment with a professional sports team.
- Institutions may not prohibit Student-Athletes from obtaining professional representation, including representation by an attorney licensed to practice law in this state, for contracts or other legal matters relating to the use of the Student-Athlete’s NIL.
- An Athlete Agent is defined in the OP and applicable state law. All prohibited actions by an Athlete Agent under state law remain prohibited.
Who will benefit from Texas NIL legislation?
Subject to individual circumstances and for reasons described below, Student-Athletes in all sports will have the opportunity to pursue NIL activities. NIL activities and opportunities may vary for each Student-Athlete.
Some NIL activities may NOT be permitted by amateur athletes through sports specific governing body/bodies (e.g., USGA, USTA, USTFA, etc.). Additionally, some NIL activities may NOT be permitted for Student-Athletes that are not US citizens.
Students are encouraged to confer with sports specific governing bodies and their respective immigration attorney(s) accordingly, prior to engaging in any NIL activities.
What is MSU doing to assist in the Student-Athletes’ NIL education?
In addition to our dedicated MSU athletics staff, MSU has partnered with
Opendorse to assist our Student-Athletes with the NIL landscape. Opendorse will provide industry leading tools for Student-Athletes to build and grow the reach of their NIL while learning to protect their personal business assets. Opendorse Ready, a new NIL-specific component that will expand MSU's relationship with the company, provides Student-Athletes education around personal branding, personal-branding assessment, and social media analytics, all while allowing the MSU Athletics Department to more easily manage NIL compliance through technology.
How involved can MSU Athletics be in NIL transactions?
Per Texas state law, MSU Athletics will be able to assist in identifying, creating, and facilitating third party NIL opportunities alongside their Student-Athletes.
Opendorse will provide Student-Athletes the necessary education, tools, and resources on NIL to help prepare for the maximization of their respective NIL opportunities and to build and safeguard their personal brand.
MSU coaches and staff can identify or otherwise assist with opportunities for a student-athlete to earn compensation from a third party for the use of the Student-Athlete’s NIL.
MSU coaches and staff cannot: (1) act as an agent for the Student-Athlete; (2) be compensated by the Student-Athlete or third party for providing the assistance; (3) attempt to influence the Student-Athlete’s choice of professional representation in connection with an NIL opportunity; or (4) attempt to diminish the Student-Athlete’s opportunities from competing third parties.
NIL legislation does not allow for any compensation in exchange for athletic performance at MSU (“pay-for-play”), including compensation from boosters.
May MSU’s official marks, logos, or institutional property be used in a NIL agreement?
Yes, but only if express permission is received from MSU itself and there are no conflicts associated with the agreement, as determined by MSU in its discretion.
Are there certain industries, products, or instances that Student-Athletes may NOT endorse through NIL?
Yes. Texas law prohibits a Student-Athlete from entering into a contract for the use of the Student-Athlete’s NIL in exchange for an endorsement of:
- Alcohol
- Tobacco products
- E-cigarettes or any other type of nicotine delivery device
- Anabolic steroids
- Sports betting
- Casino gambling
- A firearm the Student-Athlete cannot legally purchase; or
- A sexually oriented business
May an MSU Student-Athlete receive NIL compensation based on athletic performance?
No, per Texas state law and NCAA rules.
Under Texas law, may NIL activities be offered to prospective Student-Athletes?
In 2025, the Texas Legislature passed a law that deleted the statutory language prohibiting NIL compensation in exchange for accepting an offer of admission to attend the institution. However, the NCAA Division II Manual states that NIL compensation must not be contingent upon initial or continued enrollment at a particular institution, and that NIL agreements and/or payments associated with an agreement may not be guaranteed or promised contingent on initial or continuing enrollment at a particular institution. (See the 2025-26 NCAA Division II Manual’s Rules 14.02.13(b) and 14.1.5.2.)
Can an international Student-Athlete (non-United States resident) earn compensation through an NIL agreement or deal?
It is our understanding that federal law does not currently permit international Student-Athletes on F-1 and M-1 visas to work while physically present in the United States due to work authorization limitations in their visa. Accordingly, an international Student-Athletes who engage in NIL activity or receive compensation from foreign or domestic entities while physically present in the United States may risk their visa status and their ability to lawfully remain in the United States.
Abiding by visa guidelines is paramount for international Student-Athletes. Provided that engaging in NIL activity may pose serious risks to a Student-Athlete’s visa status, International Student-Athletes are strongly encouraged to consult with their respective immigration attorney prior to engaging in NIL activities and to work with the MSU International Office through their assigned immigration counselor. All NIL activities must still be disclosed to MSU (https://www.msutexas.com/disclosure) prior to entering into a contract for the use of a Student-Athlete’s NIL.
The Student and Exchange Visitor Program (“SEVP”) is aware of and actively monitoring proposed federal and state legislation pertaining to the use of NIL for Student-Athletes, including F-1 and M-1 students. The program is working with its partners within the U.S. Department of Homeland Security to review how this legislation affects international Student-Athletes and will provide updated guidance via Broadcast Messages, Study in the States, social media, and SEVP field representatives.
FAQs / NIL & Boosters
Under Texas law, may a booster provide NIL compensation to a PROSPECTIVE MSU Student-Athlete?
Yes, with restrictions. Per the revised Texas law, individuals, corporate entities, or other organizations are no longer expressly prohibited from entering an arrangement with a prospective Student-Athlete relating to the prospective Student-Athlete’s NIL prior to their enrollment in an institution of higher education. Further, the revised Texas law no longer expressly prohibits Student-Athletes from entering into a contract for the use of their NIL where compensation is provided in exchange for acceptance of an offer of admission to attend the institution.
However, unless a prospective Student-Athlete younger than 17 is enrolled at an institution of higher education, an individual, corporate entity, or other organization may NOT enter into an arrangement relating to the athlete’s NIL with the athlete or an individual related to the athlete by consanguinity or affinity.
Are there any restrictions pertaining to Boosters regarding NIL compensation to Student-Athletes under Texas law?
Please note that an MSU Student-Athlete must disclose to MSU any proposed contract regarding the use of NIL prior to execution.
Additionally, there are several conflicts identified by Texas state law that Student-Athletes will need to adhere to.
A Student-Athlete may not enter into a contract that:
- Conflicts with any contract between MSU and a Student-Athlete (e.g., Student Code of Conduct & Student Athlete Expectations)
- Conflicts with MSU institutional contracts as identified by MSU and in MSU’s discretion (e.g., pouring rights and other exclusive MSU contracts, etc.).
- Conflicts with Official Team Activities as defined by MSU; these may include but are not limited to countable athletics related activities (“CARA”), required athletic related activities (“RARA”), MSU classes, required MSU events, academic and tutorial sessions, along with medical or training sessions.
- Utilizes the marks, logos, or other intellectual property of MSU unless express permission has been given by MSU.
- Is provided in exchange for athletic performance.
- Is provided in exchange for an endorsement of alcohol, tobacco products, e-cigarettes or any other type of nicotine delivery device, anabolic steroids, sports betting, casino gambling, a firearm the Student-Athlete cannot legally purchase, a sexually oriented business, or any other category prohibited by Texas law.
Are there any limits on NIL compensation under Texas law?
No. However, NCAA rules and legislation may still apply.
Student-Athletes shall refrain from accepting:
- Compensation in exchange for work NOT performed;
- Compensation contingent on specific athletic performance or achievement (e.g., incentives based on points scored) or other “pay-for-play” engagements.
May a booster compensate a Student-Athlete NIL when the Student-Athlete is engaged in official team activities?
No. If a Student-Athlete is participating in an activity defined by MSU as Official Team Activities, the Student-Athlete may not engage in NIL activities during such time. Per Student-Athletes are prohibited from engaging in NIL activity during Official Team Activities, which may include but are not limited to countable athletics related activities (“CARA”), required athletic related activities (“RARA”), MSU classes, required MSU events, academic and tutorial sessions, along with medical or training sessions.
