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Category: NIL & Athlete Law

  • Can a College Athlete in PA Make Money From Their Name and Image?

    Yes — college athletes in Pennsylvania now have the legal right to earn money from their name, image, and likeness (NIL). Pennsylvania’s NIL law, codified in Article XX-M of the Pennsylvania School Code, changed the landscape for student athletes across the state.

    What Is NIL and Why Does It Matter?

    NIL stands for name, image, and likeness. Before 2021, NCAA rules prohibited college athletes from earning money based on their athletic fame. Pennsylvania law now explicitly allows college student athletes to earn compensation through endorsements, social media sponsorships, autograph signings, personal appearances, and more.

    Can a School or the NCAA Block a NIL Deal?

    No. Under Pennsylvania law, neither institutions of higher education nor the NCAA or any athletic association may prevent a college student athlete from earning NIL compensation. Schools also cannot lose eligibility to participate in intercollegiate athletics because one of their athletes earned NIL money.

    What NIL Deals Are Prohibited?

    • Adult entertainment products and services
    • Alcohol products
    • Casinos, gambling, and sports betting (including online and mobile)
    • Tobacco and electronic smoking products
    • Prescription pharmaceuticals
    • Controlled dangerous substances

    What If Someone Violates My NIL Rights?

    Pennsylvania law gives college student athletes the right to pursue a private civil action against anyone who violates the NIL provisions. If you win, the court must award you costs and reasonable attorney fees.

    Pennsylvania NIL Law – Article XX-M (Official Text)

    NCAA NIL Resources and State Law Tracker

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    What Should You Do Next?

    Pennsylvania law is complex and deadlines can be short. This article is general legal information — not legal advice specific to your situation.

    If you cannot afford an attorney, contact your local legal aid office. Time-sensitive legal matters require fast action.

  • What Can’t a College Athlete Earn NIL Money From in Pennsylvania?

    Pennsylvania’s NIL law gives college athletes the right to earn compensation from their name, image, and likeness — but it draws clear lines around certain industries. Understanding what is prohibited before you sign any deal is essential.

    The Six Prohibited Categories

    • Adult entertainment products and services
    • Alcohol products
    • Casinos and gambling — including sports betting, the lottery, and betting connected to video games, online games, and mobile devices
    • Tobacco and electronic smoking products and devices (including vaping)
    • Prescription pharmaceuticals
    • Controlled dangerous substances

    Can a School Add Additional Restrictions?

    Yes. Schools retain the authority to prohibit NIL activities based on their own institutional values, and must have written policies specifying what is and is not allowed. This means your school may ban categories beyond what state law prohibits. Always review your school’s NIL policy before pursuing any deal.

    What About CBD and Hemp Products?

    The law specifically prohibits deals involving controlled dangerous substances. CBD derived from hemp is federally legal and not classified as a controlled substance. However, athletes should consult legal counsel before signing deals with any cannabis or hemp-adjacent company.

    What Happens If You Sign a Prohibited Deal?

    Signing an NIL deal in a prohibited category could expose the athlete to civil liability, eligibility sanctions, or disciplinary action by the school. Always have a registered athlete agent or attorney review any deal before signing.

    Pennsylvania NIL Law – Article XX-M

    NCAA – NIL Rules and Guidance

    Related Articles

    What Should You Do Next?

    Pennsylvania law is complex and deadlines can be short. This article is general legal information — not legal advice specific to your situation.

    If you cannot afford an attorney, contact your local legal aid office. Time-sensitive legal matters require fast action.

  • Can My College Take Away My Scholarship If I Sign a NIL Deal?

    One of the biggest fears for college athletes considering NIL deals is retaliation — specifically, losing their scholarship. Pennsylvania law directly addresses this concern.

    Scholarship Eligibility Is Protected

    Under Pennsylvania’s NIL law (Article XX-M), earning NIL compensation may not affect the athlete’s scholarship eligibility, duration, or renewal. Your school cannot revoke or reduce your scholarship simply because you signed an NIL deal.

    Grants-in-Aid Cannot Limit NIL Rights

    An athletics grant-in-aid or stipend scholarship from the institution may not be used to limit a student athlete’s NIL rights. Your scholarship agreement cannot be structured to take away your NIL rights.

    When Can a Scholarship Be Revoked?

    Scholarships can still be revoked for academic failure, violation of team rules or conduct codes, or violations of general student disciplinary standards. While your NIL activity cannot cost you your scholarship, poor grades or a code-of-conduct violation still can.

    What If the School Has a Conflicting Sponsorship?

    Schools can prohibit specific NIL deals that conflict with existing institutional sponsorship arrangements. But prohibiting the deal does not equal revoking your scholarship — only the specific NIL opportunity is restricted, not your financial aid.

    What Should Athletes Do Before Signing?

    • Review your school’s written NIL policies
    • Disclose the proposed deal to the designated school official if required
    • Consult a registered athlete agent or attorney about the contract terms

    Pennsylvania NIL Law – Official Legislative Text

    NCAA – Student Athlete NIL Information

    Related Articles

    What Should You Do Next?

    Pennsylvania law is complex and deadlines can be short. This article is general legal information — not legal advice specific to your situation.

    If you cannot afford an attorney, contact your local legal aid office. Time-sensitive legal matters require fast action.

  • Do I Need a Registered Athlete Agent to Sign a NIL Deal in PA?

    When you are a college athlete in Pennsylvania considering an NIL deal, you may wonder whether you need — or are even allowed — to have professional representation. Pennsylvania law has clear answers.

    Professional Representation Is a Protected Right

    Under Pennsylvania’s NIL law, no institution of higher education, the NCAA, or any athletic association may interfere with or prevent a college student athlete from obtaining professional representation related to their NIL rights. This includes both athlete agents and attorneys.

    Who Can Represent a Student Athlete in PA?

    • A registered athlete agent acting in accordance with Pennsylvania’s Athlete Agents Act (5 Pa.C.S. Chapter 35)
    • An attorney admitted to practice law in Pennsylvania

    Unregistered individuals cannot legally represent a college athlete in NIL contract matters. Any agency contract resulting from an unregistered agent’s work is void under Pennsylvania law.

    What Must Be in an NIL Agency Contract?

    Under Pennsylvania law, any contract by which a college student athlete authorizes an athlete agent to negotiate NIL compensation must include a statement that the contract does not obligate the student athlete to use the agent for any service beyond NIL representation. Agents cannot use an NIL contract to lock an athlete into broader representation deals.

    Can a Student Athlete Cancel Their Contract With an Agent?

    Yes. Pennsylvania law gives student athletes the unconditional right to cancel an agency contract within 14 days of signing — no questions asked and no penalties. This right cannot be waived. If you cancel, you are not required to pay or return any consideration the agent gave you to sign.

    PA State Athletic Commission – Agent Registry

    Pennsylvania Revised Uniform Athlete Agents Act – Full Text

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    What Should You Do Next?

    Pennsylvania law is complex and deadlines can be short. This article is general legal information — not legal advice specific to your situation.

    If you cannot afford an attorney, contact your local legal aid office. Time-sensitive legal matters require fast action.

  • What Happens If My Athlete Agent Breaks the Rules in PA?

    Pennsylvania’s Athlete Agents Act gives student athletes real legal protections against unethical or unlawful agent conduct. If your athlete agent breaks the rules, you have meaningful remedies — and the agent faces serious consequences.

    What Is Prohibited Agent Conduct in Pennsylvania?

    • Giving false or misleading information to influence a student athlete to sign an agency contract
    • Furnishing anything of value that could result in loss of NCAA eligibility without proper 72-hour notice to the school’s athletic director
    • Contacting a student athlete to solicit an agency contract without being registered with the State Athletic Commission
    • Failing to maintain required records of athlete representation
    • Providing false or misleading information in a registration application
    • Predating or postdating an agency contract
    • Failing to notify the student athlete that signing an agency contract may result in loss of eligibility

    What Are the Criminal Consequences?

    An athlete agent who violates the prohibited conduct provisions commits a misdemeanor of the third degree under Pennsylvania law — a criminal charge that can result in fines and potential imprisonment.

    What Civil Remedies Do Athletes Have?

    If you are adversely affected by an athlete agent’s violation — resulting in suspension from athletic participation or financial harm — you can bring a civil lawsuit for damages. If you prevail, you can recover actual damages and court costs. The agent also forfeits any right to payment and must refund any consideration you paid them.

    What Can the State Athletic Commission Do?

    The Commission can assess administrative penalties of up to $50,000 for each violation of the Act. It can also suspend, revoke, or refuse to renew an agent’s registration.

    PA State Athletic Commission – File a Complaint

    PA Revised Uniform Athlete Agents Act – Full Text

    Related Articles

    What Should You Do Next?

    Pennsylvania law is complex and deadlines can be short. This article is general legal information — not legal advice specific to your situation.

    If you cannot afford an attorney, contact your local legal aid office. Time-sensitive legal matters require fast action.

  • Can I Cancel My Contract With My Athlete Agent in Pennsylvania?

    If you are a college student athlete in Pennsylvania who has signed a contract with an athlete agent and is having second thoughts, you have a powerful legal right: the right to cancel — no explanations required.

    The 14-Day Cancellation Right

    Under Pennsylvania’s Revised Uniform Athlete Agents Act (5 Pa.C.S. § 3512), a student athlete — or, if the student athlete is a minor, a parent or guardian — may cancel an agency contract by giving written notice of cancellation to the athlete agent no later than 14 days after the contract was signed.

    Can You Waive the Right to Cancel?

    No. Pennsylvania law explicitly prohibits waiving the 14-day cancellation right. Any contract clause that attempts to take away this right is void and unenforceable. If an agent presents you with a contract including a waiver of your cancellation rights, that is itself a red flag and potentially a violation of the Act.

    Do You Have to Return Anything After Cancellation?

    No. If you cancel within the 14-day window, you are not required to pay any consideration under the contract — and you do not have to return any consideration the agent gave you to influence you to sign.

    How Do You Cancel?

    The cancellation must be in writing — a written document, email, or other retrievable format. Send it directly to the athlete agent before the 14-day deadline expires. Keep a copy and document proof of delivery.

    What If It Is Past 14 Days?

    Once the 14-day window passes, the statutory right to cancel no longer applies. However, you may still have contractual remedies depending on the contract terms, or legal remedies if the agent committed fraud or other misconduct. An attorney can help you evaluate your options.

    PA Revised Uniform Athlete Agents Act – § 3512

    PA State Athletic Commission

    Related Articles

    What Should You Do Next?

    Pennsylvania law is complex and deadlines can be short. This article is general legal information — not legal advice specific to your situation.

    If you cannot afford an attorney, contact your local legal aid office. Time-sensitive legal matters require fast action.

  • What Must Be in My Athlete Agent Contract in Pennsylvania?

    Not every athlete-agent agreement is a valid, enforceable contract in Pennsylvania. The state’s Athlete Agents Act prescribes specific mandatory content for all agency contracts. If your contract is missing required provisions, it may be voidable.

    The Contract Must Be in Writing and Signed

    Every agency contract in Pennsylvania must be in a signed record — a written document or electronic record that both parties sign. Verbal agreements are not valid agency contracts under Pennsylvania law.

    Required Contents of Every Agency Contract

    • Confirmation the athlete agent is registered in Pennsylvania, and a list of other states where registered
    • Amount and method of calculating the compensation the student athlete agrees to pay the agent
    • Name of any person who will receive compensation because the student athlete signed
    • Description of any expenses the student athlete agrees to reimburse
    • Description of the services the agent will provide
    • Duration (term) of the contract
    • Date the contract was signed

    The Required Warning Notice

    Every agency contract must contain a conspicuous boldface warning notifying the student athlete that: signing may result in loss of eligibility to compete; both parties must notify the athletic director within 72 hours of signing (or before the next athletic event); and the student athlete may cancel the contract within 14 days of signing.

    What Happens If Required Content Is Missing?

    A student athlete may void an agency contract that does not conform to these requirements. If you void the contract, you are not required to return any consideration the agent gave you to induce you to sign.

    PA Revised Uniform Athlete Agents Act – § 3510

    PA State Athletic Commission – Agent Registration

    Related Articles

    What Should You Do Next?

    Pennsylvania law is complex and deadlines can be short. This article is general legal information — not legal advice specific to your situation.

    If you cannot afford an attorney, contact your local legal aid office. Time-sensitive legal matters require fast action.