NIL Red Flags: What to Avoid When Growing Your Brand in the College Space

By: Thomas Burkel

Being a student-athlete can be difficult. Each day is a grind with no end in sight. Most athletes balance school, work, practice, and their social lives with no gaps in between. With this chaotic lifestyle, the last thing a student-athlete wants to mess up is building their brand. Cultivating a brand is one of the most important steps for a student-athlete. How you are perceived and who you work with can help elevate your overall image. However, if you set high expectations, or don’t read the fine print you may be in trouble. 

In this article, I will discuss three areas every student-athlete must understand when building their brand through NIL. 

Red Flag #1: Chasing Every Deal 

It can be enticing as a student-athlete to chase every deal. Making money and being compensated is something to look forward to, especially as a broke student-athlete. However, partnering with too many brands can hurt your overall image. Working with a brand is a double-edged sword. In many ways, you are a brand’s tool in enticing consumers to use their products. If you partner with too many brands this can make fans lose trust in you. For example, let’s say you were a student-athlete and you partnered with 15 brands in your area. At a certain point, consumers may not believe in what you are trying to sell to them. This can dilute your stock and overall brand image. If you want to elevate your brand, make sure to partner with brands that resonate with you. You don’t have to partner with many brands to gain success. Select a few brands that you trust, and gain recognition from there. 

Red Flag #2: Review Before Signing 

Reading the fine print is key when navigating your name, image, and likeness. Many times athletes are working with an agent and signing loads of contracts. However, again and again, athletes rush into deals without reading the ins and outs. According to Amundsen Davis, a law firm that focuses on business and entertainment, “Without a clear understanding of the terms, an athlete could unknowingly lock themselves into an unfavorable deal that limits their freedom and financial potential.” We always hear about entertainers and athletes who lock themselves into horrid contracts for the rest of their careers. Athletes may gravitate towards large sums of money upfront but may be surprised when they can’t exit a contract or express who they are. This can limit the potential of student-athletes and hinder their growth. If you are a student-athlete who is navigating a similar situation, it is important to consult with an agent who can guide you through this process. If you don’t have an agent make sure to read before signing, or you will be in trouble. 

Image Credit: Munizzi Law Firm. Buyers Beware: “Duty to Read” Contracts Rule in Florida. 8 Aug. 2018, www.munizzilaw.com/blog/buyers-beware-duty-to-read-contracts-rule-in-florida.

Red Flag #3: Know The Law 

Knowing the law can be a boring task; however, it is beneficial to know. Because the NCAA is so new, with its NIL guidelines, it is easy to brush over. Yet, it is important to know so athletes don’t get screwed over. When knowing the law, the NCAA and each state have different rules and guidelines when it comes to navigating name, image, and likeness. If athletes don’t comply with these terms and conditions, they can end up losing their eligibility. This can diminish an athlete’s overall brand image, and ultimately damage their athletic career. It can feel intimidating reading over the law, however you don’t have to be alone. Many resources can be used to understand the rules. One helpful resource is NCSA College Recruiting. The NCSA helps college athletes when it comes to their recruiting process. The website does a great job of breaking down the NCAA rules and each state’s rules in NIL compliance. This can give student athletes a rundown in how to navigate their brand in each state, and tools for understanding the law. Knowing the law doesn’t have to be difficult. Just read over the rules so that your brand doesn’t diminish in the long run. 

Building your brand, as a student-athlete, is an exciting opportunity to grow your portfolio and overall image. However, with a few mistakes you may fall from a star to a benchwarmer. To make sure that your brand is foolproof, read over the fine print, connect with brands that mean something to you, and understand the law. If you develop these three tactics your brand will elevate, and you will not be in jeopardy of losing your brand. 

Sources:

Amundsen Davis LLC. (2025, April 3). Protecting student-athletes and their families: A guide to navigating agent selection, NIL agreements, and collectives. https://www.amundsendavislaw.com/alert-protecting-student-athletes-and-their-families-a-guide-to-navigating-agent-selection-nil-agreements-and-collectives

Munizzi Law Firm. (2018, August 8). Buyers beware: “Duty to read” contracts rule in Florida. https://www.munizzilaw.com/blog/buyers-beware-duty-to-read-contracts-rule-in-florida

NCSA College Recruiting. (2025, May 6). What is NIL? NCAA Name, Image, Likeness rule explained. NCSA Sports. https://www.ncsasports.org/name-image-likeness

RPJ Law. (2024, February 15). A major challenge to the NCAA’s NIL restrictions. https://rpjlaw.com/a-major-challenge-to-the-ncaas-nil-restriction/

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