Name, Image & Likeness (NIL)

College athletics has undergone a fundamental transformation. Student-athletes now have significant opportunities to earn compensation from their name, image, and likeness, but those opportunities have also created complicated legal relationships among athletes, universities, NIL collectives, businesses, agents, and other third parties.

When an NIL agreement is not honored, or when an athlete makes an important educational or athletic decision based on promises that are later broken, the consequences can be significant and severe.

At the Law Offices of Schwartz & Arminavage, our attorneys represent college athletes in NIL disputes and litigation. We understand that these cases can involve much more than an unpaid contract. An athlete may have selected a university, remained at a school, entered or declined to enter the transfer portal, or made other significant decisions based on representations concerning NIL opportunities or compensation.

Our attorneys carefully examine the agreements, communications, representations, and circumstances surrounding those decisions to determine what legal claims and remedies may be available.

Name, Image, and Likeness—commonly known as NIL—generally refers to a student-athlete's ability to receive compensation for certain commercial uses of their identity and personal brand.

NIL opportunities can include:

• Endorsement and sponsorship agreements;
• Social media promotions;
• Brand partnerships;
• Personal appearances;
• Autograph signings;
• Camps and clinics;
• Advertising and promotional campaigns;
• Merchandise and licensing agreements; and
• Other commercial uses of an athlete's name, image, or likeness.

The legal and regulatory framework governing NIL continues to evolve. NIL matters may involve contract law, state statutes, NCAA rules, institutional policies, federal law, and other legal principles depending on the circumstances.

At its core, an NIL agreement is a contract.

The agreement should establish important terms such as the athlete's compensation, required services or deliverables, duration of the relationship, use of the athlete's NIL rights, termination provisions, exclusivity obligations, and other responsibilities of the parties.

Disputes can arise when the athlete performs as required but does not receive the promised compensation, when payments stop unexpectedly, when the parties disagree about their obligations, when one side attempts to terminate or modify an agreement, or when a school restricts an athletes ability to consult counsel prior, during, and after signing the contract.

Potential NIL contract disputes may involve:

• Unpaid or withheld compensation;
• Missed or reduced payments;
• Breach of contract;
• Improper termination of an NIL agreement;
• Disputes concerning performance obligations;
• Disputes involving exclusivity provisions;
• Unauthorized use of an athlete's NIL;
• Misrepresentations concerning the terms of an agreement;
• Disputes involving NIL collectives or associated entities; and
• Other failures to honor negotiated NIL commitments.

When a dispute arises, we carefully review the written agreements and the communications surrounding them to determine what was promised, what obligations existed, and whether those obligations were fulfilled.

NIL collectives and other third-party organizations have played a significant role in the development of the NIL marketplace, and schools often team up with NIL collectives in a deliberate attempt to shield themselves and their administrators from liability. Hiring a law firm that is unafraid to target these big universities and collectives is often paramount to success in these cases.

These arrangements can become complicated when promised payments are delayed, reduced, discontinued, or disputed. Questions may also arise regarding whether an agreement complies with applicable NCAA requirements or whether representations made during recruitment or transfer discussions are consistent with the final written agreement.

Our attorneys evaluate both the contractual relationship and the broader circumstances surrounding the deal.

For a college athlete, an NIL promise can influence decisions that affect education, their athletic career, lifelong financial stability, and future livelihood.

A student-athlete may choose one university over another based partly on representations about available NIL opportunities. A current athlete may decide to remain at a school rather than enter the transfer portal because of promised compensation or opportunities.

Problems arise when those representations do not match what ultimately occurs.

Depending on the circumstances, disputes involving broken NIL promises may raise questions involving breach of contract, fraudulent or negligent misrepresentation, fraudulent inducement, promissory estoppel, or other legal theories available under applicable law.

Whether a particular representation creates an enforceable legal right depends on the facts. Our attorneys examine what was promised, who made the representation, whether it was placed in writing, what the athlete relied upon, and what happened as a result.

Some of the most significant NIL disputes arise when a student-athlete claims that false or misleading representations influenced the decision to attend or remain at a particular university or enter into an agreement.

Fraudulent inducement claims are highly fact-specific. Generally, the analysis may involve whether a material representation was made, whether it was false when made, whether the athlete reasonably relied on it, and whether that reliance resulted in legally recognized harm.

Relevant evidence may include:

• Written NIL agreements;
• Emails and text messages;
• Communications with collectives or third parties;
• Recruiting communications;
• Communications involving coaches or athletics personnel;
• Payment records;
• Draft agreements;
• Representations concerning future compensation; and
• Evidence showing decisions the athlete made in reliance on those representations.

The existence of a written contract does not necessarily answer every question surrounding the representations that led to the agreement or the athlete's decision. Unfortunately, these cases are becoming all too common, and most universities believe that students won’t hire attorneys to defend their rights. Don’t prove them correct and, instead, call our office for a free consultation today. 

The rules governing college athletics have changed significantly in a relatively short period of time and continue to develop with recent passage of the Protect College Sports Act of 2026.

The current Division I framework includes rules governing institutional NIL arrangements and certain third-party NIL transactions. Student-athletes may also have reporting obligations for qualifying noninstitutional NIL deals, and certain arrangements may be subject to review through the designated NIL clearinghouse.

The legal landscape also extends beyond NCAA rules. State NIL laws, contract law, federal litigation, institutional policies, and other legal requirements may affect a particular athlete's rights and obligations.

For that reason, an NIL dispute should not be evaluated solely by looking at NCAA rules. The contractual and legal rights of the student-athlete may require a separate analysis.

Division I student-athletes may be required to report qualifying noninstitutional NIL agreements or payment terms for review.

These requirements can create additional complications when an agreement is challenged, rejected, delayed, or questioned based on its business purpose, compensation, or other terms.

For student-athletes, an NIL compliance problem can potentially affect more than payment. Depending on the circumstances, questions may also arise concerning athletic eligibility and the athlete's relationship with the institution.

When a dispute involves both contractual rights and NIL compliance requirements, it is important to consider those issues together rather than treating them as unrelated problems.

NIL disputes require an understanding of both traditional legal principles and the rapidly changing environment of college athletics.

Our attorneys can assist student-athletes and their families with matters involving:

• Reviewing NIL agreements;
• Evaluating unpaid NIL compensation;
• Breach of contract claims;
• Fraudulent inducement and misrepresentation claims;
• Disputes with NIL collectives and third parties;
• Recruiting-related NIL disputes;
• Transfer-related NIL disputes;
• Unauthorized use of an athlete's name, image, or likeness;
• NIL compliance and reporting issues;
• Negotiating resolutions to NIL disputes; and
• Litigation when an NIL dispute cannot be resolved.

When litigation becomes necessary, we bring our experience in complex litigation, education law, and appellate advocacy to these emerging disputes.

NIL litigation sits at the intersection of college athletics, education law, contract law, and commercial litigation.

Because many of the legal issues surrounding modern NIL arrangements are relatively new, disputes can involve questions that have not yet been extensively addressed by courts. That makes careful legal research, sophisticated written advocacy, and strategic litigation particularly important.

At the Law Offices of Schwartz & Arminavage, we are prepared to litigate NIL disputes against universities, collectives, businesses, and other appropriate parties when the facts and law support doing so.

We approach these matters with the same attention to detail that we bring to other complex litigation: examining the agreements, developing the factual record, identifying the strongest legal theories, and preparing the case for the possibility of trial or appeal.