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Ohio NIL Landscape 2026

Ohio NIL (Name, Image, Likeness) Regulatory & Business Landscape

Section titled “Ohio NIL (Name, Image, Likeness) Regulatory & Business Landscape”

Research Date: February 18, 2026 Status: Current as of early 2026


  1. Ohio NIL Laws & Regulations
  2. NCAA NIL Rules 2025-2026
  3. Competitive Landscape
  4. Market Size & Opportunity
  5. Best Practices for NIL Agency Operations

Status: Signed by Governor Mike DeWine on December 23, 2025. Effective date: March 18, 2026.

Sponsors: Representatives Brian Stewart and Ty D. Mathews (136th General Assembly).

Legislative History:

  • Introduced: March 18, 2025
  • Passed Ohio House unanimously: May 14, 2025
  • Passed Ohio Senate (with amendments, including unrelated budget items): November 2025
  • Signed by Governor DeWine: December 23, 2025

Key Provisions:

ProvisionDetails
Contract Length LimitsNIL contracts cannot extend beyond a student-athlete’s period of eligibility for intercollegiate athletics. Any contract requiring compensation or NIL rights post-eligibility is void.
Trust Account RequirementsAthlete agents must deposit revenues earned on behalf of athletes into monitored trust accounts overseen by the Ohio Athletic Commission.
Post-Eligibility ProtectionProhibits any person or agent from entering NIL agreements that require future compensation or rights after eligibility ends.
Fee Sharing RestrictionsAgents are prohibited from sharing fees with unauthorized parties without the athlete’s written consent.
MediationAll disputes under NIL agreements must be mediated in the State of Ohio.

Sources:


Ohio Athletic Commission: Athlete Agent Registration

Section titled “Ohio Athletic Commission: Athlete Agent Registration”

Ohio Revised Code Chapter 4771 governs athlete agent registration. Any individual who desires to serve as an athlete agent in Ohio must register with the Ohio Athletic Commission.

Registration Requirements:

RequirementDetails
Registration Fee$500.00, recurring biennially (every 2 years)
Surety BondMinimum $15,000 bond required before licensing
Trust FundEvidence of an established trust fund per commission rules
Application ContentsName, residential address, business address, 5-year employment history, names/addresses of persons with financial interest in the business
QualificationsAffidavit describing formal training or practical experience; OR for attorneys admitted to practice in Ohio, a certificate of good standing from the Ohio Supreme Court

Agent Contract Requirements (ORC 4771.02):

  • Must be in writing on a form approved by the Ohio Athletic Commission
  • Must include all agreements between the parties
  • Must contain language: “The athlete agent entering this agreement is registered to serve as an athlete agent with the Ohio Athletic Commission”
  • Must note that registration “does not imply approval by the commission of the terms and conditions of this contract or the competence of the athlete agent”

Athlete Notification Requirement: Athletes must give written notice of any agent contract to their institution’s athletic director prior to participating in or practicing for officially sanctioned athletic competition, or within 72 hours after entering the contract.

Sources:


Current Status: High school NIL is PERMITTED as of November 2025, but faces an active legislative challenge in early 2026.

Timeline of Events:

  1. September 2025: OHSAA Board of Directors approved NIL language for a member school referendum, originally scheduled for May 2026.

  2. October 2025: A Franklin County judge issued a temporary restraining order preventing OHSAA from enforcing its ban on high school NIL, following a lawsuit by Jasmine Brown on behalf of her son Jamier Brown (an Ohio State football commit from Dayton).

  3. November 21, 2025: Emergency bylaw referendum passed convincingly:

    • 447 schools in favor (of 815 member schools)
    • 121 against
    • 247 abstained
    • Effective immediately upon passage
  4. February 2026: Ohio House Bill 661 introduced by Representatives Adam Bird (R-New Richmond) and Mike Odioso (R-Green Twp.) to ban NIL deals for middle and high school athletes, overruling the OHSAA decision. The bill is currently in the House Education Committee (first hearing Feb. 4, 2026).

Current OHSAA NIL Rules (while permitted):

  • Student-athletes may be compensated for endorsements, social media content, personal appearances, licensing agreements, and other activities tied to public recognition
  • Must comply with OHSAA eligibility rules
  • Cannot use school logos/marks without permission
  • Schools must maintain oversight

Pending Threat: HB 661 sponsors argue NIL deals harm student-athlete well-being, increase compliance demands for schools, and create de facto recruitment through unofficial deals. This bill’s outcome will significantly affect any agency considering high school athlete representation in Ohio.

Sources:


Settlement Approved: June 6, 2025, by Judge Claudia Wilken (U.S. District Court, Northern District of California).

Settlement Value: $2.576 billion class action settlement.

Effective Date: Injunctive provisions took effect July 1, 2025. Appeals pending but do not affect implementation.

ParameterDetails
2025-26 Benefits Cap$20.5 million per institution
Cap Basis22% of average shared revenue generated by Power Five institutions
ApplicabilityEach institution is permitted (not required) to distribute revenue to athletes
Projected GrowthCap estimated to reach ~$33 million by 2034
ModelDual-compensation: athletes may earn both institutional revenue sharing AND external third-party NIL income
RequirementDetails
Reporting ThresholdAll third-party NIL contracts worth $600 or more
Reporting PlatformNIL Go (built by Deloitte, managed by the College Sports Commission)
Reporting DeadlineWritten documentation within 5 business days of execution or agreement to payment terms
Penalty for Non-ReportingIneligibility for the student-athlete
Review StandardDeals reviewed for valid business purpose and fair market value
PurposeEnsure deals are not disguised recruitment incentives

Established June 6, 2025, the CSC is the central enforcement body for the House settlement:

  • Implements and enforces settlement terms governing revenue sharing, NIL deals, and roster limits
  • Oversees NIL Go reporting platform
  • Can run investigations and issue penalties
  • Penalties include: postseason bans, fines, reduction of NCAA/conference revenue distributions, loss of postseason revenue, reductions in transfer athletes, roster size reductions, or scholarship reductions

On October 28, 2025, the NCAA Division I Board of Directors adopted further amendments:

  • Expanded NIL reporting obligations for both student-athletes and institutions
  • Introduced consequences for noncompliance
  • By late 2025/early 2026, the CSC was rejecting a meaningful number of submitted deals, confirming that review is substantive (not rubber-stamp)

For deals over $600, the CSC evaluates:

  • Does the deal demonstrate a legitimate commercial rationale?
  • Is the student-athlete’s NIL being used to promote a good/service offered to the public for profit?
  • Does the entity comply with industry-standard NIL practices?
  • Is the compensation reasonable relative to the athlete’s market value?
  • Institutions have affirmative duties when they become aware of NIL activity through athletics staff, donor interactions, booster collectives, or other associated entities
  • “Institutional knowledge” now plays a central role in compliance
  • Schools must actively monitor and report, not just passively receive information

Sources:


PlatformTypeKey FeaturesOhio Presence
OpendorseMarketplace + ComplianceAthlete valuation tools, deal negotiation, institutional compliance software, social media analytics. Used by 150K+ athletes.Integrated with many Ohio D1 programs
INFLCR (Teamworks)Compliance + AnalyticsSocial media impact tracking, content management, brand partnership analyticsUsed by institutional compliance offices
NIL Go (Deloitte)Compliance/ReportingMandatory reporting platform for all deals over $600. Central clearinghouse.Required for all Ohio D1 institutions
Icon SourceMarketplace~20,000 athletes, connects brands with athletes. Manual matching process.National platform, no Ohio-specific presence
MOGLAI-Powered MarketplaceAI-driven brand matching, automated deal flowGrowing D1 adoption
NIL ClubSocial Media MarketplaceBrand Deals feature connecting athletes to corporate partners; 50,000+ athletes joined campaigns within first 3 months of launchNational platform
Agency Athlete NetworkAgent Support PlatformContract templates, onboarding materials, 30-step agency launch roadmap, backend support for agentsNational platform for boutique agents

Ohio State has the most developed NIL infrastructure in the state:

EntityStatusDetails
THE FoundationActive (Advisory)Founded by Brian Schottenstein and Cardale Jones. Was the first major OSU NIL collective. Now serves in advisory capacity to Buckeye Sports Group. Still actively fundraising (helped land Caleb Downs and contributed to National Championship run).
The 1870 SocietyConsolidatedSecond major NIL collective. Merged under Buckeye Sports Group umbrella.
Buckeye Sports GroupActive (Primary)Launched June 2025 as a joint venture between Ohio State Athletics and Learfield. Consolidated THE Foundation and The 1870 Society. Manages all existing NIL contracts. Functions as a media rights and in-house NIL operation.
EntityStatusDetails
Cincy ReignsActiveIndependent collective governed by a board of UC supporters, hall of famers, CEOs, entrepreneurs, and Olympians. Works closely with UC compliance but is not officially affiliated with the university.
Cincy Connect NILActiveAnnounced August 2025. Official in-house NIL unit of Cincinnati Athletics. Oversees all NIL opportunities for Bearcats student-athletes.
EntityStatusDetails
All For One FundActiveHas launched branded NIL products (e.g., Muskie Lager partnership with Cincinnati Beverage Company).

Most MAC conference schools (Kent State, Akron, Toledo, Bowling Green, Ohio University, Miami) and smaller programs (Cleveland State, Wright State, Youngstown State, Dayton) do not have prominent, publicly visible NIL collectives. This represents a significant gap in the market.

Several Ohio institutions have entered the NIL beer/beverage industry in late 2025, creating branded alcoholic beverages as a revenue stream. This represents a new category of NIL commercialization beyond traditional endorsements.

Sources:


Gap Analysis: Opportunity for a Boutique Ohio-Focused NIL Agency

Section titled “Gap Analysis: Opportunity for a Boutique Ohio-Focused NIL Agency”
GapDetails
Mid-Major / MAC AthletesOhio has 6+ MAC schools (Akron, Bowling Green, Kent State, Miami, Ohio, Toledo) with no significant collective or agency support. Athletes at these programs are largely self-navigating NIL.
D2/D3/NAIA AthletesOhio has approximately 15+ D2 schools, 21 D3 schools, and 12 NAIA schools. These athletes are almost entirely unserved by existing NIL infrastructure.
Non-Revenue SportsEven at Ohio State and Cincinnati, athletes in non-revenue sports (swimming, wrestling, track, soccer, etc.) receive minimal NIL agency attention. Deals are concentrated in football and men’s basketball.
Women’s SportsWomen receive only 24-39% of NIL compensation depending on division, despite growing brand interest (volleyball NIL deal value rose 146% YoY). Ohio has strong women’s programs (OSU women’s basketball, Cincinnati volleyball) that are underserved.
High School AthletesOhio just permitted HS NIL (Nov 2025). No dedicated agency exists for Ohio HS athletes, though HB 661 creates regulatory uncertainty.
Local/Regional BrandsMost NIL activity is driven by national brands. Ohio’s robust regional economy (Columbus, Cincinnati, Cleveland, Dayton metros) has local businesses that could benefit from athlete partnerships but lack a matchmaking service.
Financial LiteracyMost NIL platforms focus on deal-making, not athlete financial education, tax planning, or long-term brand building. A boutique agency offering holistic services would differentiate significantly.
Compliance NavigationWith HB 184 taking effect March 2026 and evolving NCAA/CSC rules, athletes and their families need guidance on Ohio-specific compliance that national platforms do not provide.

YearEstimated Market SizeKey Driver
2021 (Launch)~$393 millionInitial NIL era begins July 1, 2021
2022~$500 millionMarket growth, collective formation
2023~$700 millionExpanded brand participation
2024~$1.0 billionMaturation of collective model
2024-25~$1.67 billion40%+ YoY growth
2025-26 (est.)~$2.0-2.5 billionHouse settlement + revenue sharing launch
2026-27 (proj.)~$2.6 billionRevenue sharing ramp-up

Marketing NIL deals (direct brand-to-athlete) are projected to grow from $234 million to nearly $1 billion in 2025-26, separate from collective/booster payouts.

Ohio does not have a separately tracked NIL market, but we can estimate based on the state’s share of collegiate athletics:

Ohio College Athletics Inventory:

DivisionSchools in OhioEst. Athletes per SchoolEst. Total Athletes
NCAA Division I13400-600~5,200-7,800
NCAA Division II~15250-350~3,750-5,250
NCAA Division III21200-300~4,200-6,300
NAIA12150-250~1,800-3,000
Total~61~15,000-22,000

Ohio D1 Schools (13):

  1. Ohio State University (Big Ten) — Columbus
  2. University of Cincinnati (Big 12) — Cincinnati
  3. Xavier University (Big East) — Cincinnati
  4. University of Dayton (Atlantic 10) — Dayton
  5. University of Akron (MAC) — Akron
  6. Bowling Green State University (MAC) — Bowling Green
  7. Kent State University (MAC) — Kent
  8. Miami University (MAC) — Oxford
  9. Ohio University (MAC) — Athens
  10. University of Toledo (MAC) — Toledo
  11. Cleveland State University (Horizon) — Cleveland
  12. Wright State University (Horizon) — Dayton
  13. Youngstown State University (Horizon) — Youngstown

Estimated Ohio NIL Market Size:

  • Ohio represents approximately 3-4% of national D1 programs
  • Ohio State alone is estimated to have one of the top 10-15 NIL spending programs nationally
  • Conservative estimate: $50-80 million in total Ohio NIL activity (2025-26)
  • Addressable market for a boutique agency (mid-major, D2, non-revenue, women’s): $5-15 million

Average NIL Deal Sizes by Sport and Division

Section titled “Average NIL Deal Sizes by Sport and Division”
CategoryAverage NIL Earnings (per athlete)MedianNotes
All D1 Athletes (2024-25)$53,643$3,371Huge disparity between mean and median
P4 Athletes (all sports)~$43,000Power 4 conference athletes
G5 Athletes~$3,8001032% less than P4
FCS/Non-Football~$3,5001129% less than P4
Men’s Basketball (Top 25)~$349,000Highest per-athlete average due to small rosters
Football (Top 25)~$294,000Highest total spending but lower per-athlete due to large rosters
Men’s Basketball (avg)~$65,853Highest average earnings per player across all sports
Women’s BasketballTop 5 in NIL activityEngagement outpaces male counterparts
Volleyball146% YoY growthFastest growing women’s sport for NIL

Key Insight: The median NIL deal is only $3,371, meaning the vast majority of athletes earn small amounts while a few stars earn millions. This creates opportunity for an agency focused on volume — helping many athletes secure $1,000-$10,000 deals — rather than chasing the rare six-figure deal.

Sources:


5. Best Practices for NIL Agency Operations

Section titled “5. Best Practices for NIL Agency Operations”

An NIL agency operating in Ohio must maintain compliance at four levels simultaneously:

LevelAuthorityKey Requirements
FederalIRS, FTC1099 reporting for payments over $600; FTC endorsement disclosure rules
NCAA / CSCCollege Sports Commission via NIL GoAll deals over $600 reported within 5 business days; valid business purpose; fair market value
State of OhioOhio Athletic Commission + HB 184 (eff. 3/18/2026)Agent registration ($500/biennial), $15,000 surety bond, trust account for athlete funds, contracts must terminate at end of eligibility, mediation in Ohio
InstitutionalEach school’s compliance officeVaries by school; must coordinate with athletic director; 72-hour notification requirement

Compliance Checklist for Agency Launch:

  • Register with Ohio Athletic Commission as athlete agent
  • Obtain $15,000 surety bond
  • Establish monitored trust account per OAC rules
  • Register with NIL Go (Deloitte/CSC platform)
  • Develop standard contracts using OAC-approved forms
  • Establish relationships with compliance offices at target schools
  • Implement 1099 tracking and tax reporting systems
  • Create FTC-compliant disclosure templates for sponsored content
FunctionPlatform OptionsNotes
Deal MarketplaceOpendorse, MOGL, NIL Club, Icon SourceConnect athletes with brands
Compliance ReportingNIL Go (mandatory), Opendorse Compliance, INFLCRRequired for all deals over $600
Athlete ValuationOpendorse, On3 NIL ValuationsGauge fair market value
Social Media AnalyticsINFLCR, Opendorse, standard social toolsTrack athlete reach and engagement
Contract ManagementAgency Athlete Network, custom CRM, DocuSignTemplates, e-signatures, tracking
Financial ManagementQuickBooks, dedicated trust accounting softwareTrust accounts, 1099 tracking
CRMCustom-built or platforms like HubSpot, SalesforceAthlete and brand relationship management
ModelDescriptionTypical Rate
Commission on NIL DealsPercentage of each deal brokered between athlete and brand15-20% (industry standard)
Commission on Collective PayoutsPercentage of collective payments facilitated~20%
Retainer / Advisory FeeMonthly fee for brand strategy, compliance guidance, financial literacy$200-$1,000/month
Brand Partnership FeesFees charged to brands for access to athlete rosterVaries widely
Content Creation ServicesAgency produces branded content for athletesPer-project pricing
Financial Planning ReferralsReferral fees from financial advisors, tax preparersReferral commission
Event AppearancesBrokering paid appearances and speaking engagements15-20% commission

Note: Florida has introduced legislation to cap agent fees for NIL at specific percentages. Ohio has not enacted a fee cap as of February 2026, but this is a trend to monitor.

Athlete Onboarding Process (Best Practice)

Section titled “Athlete Onboarding Process (Best Practice)”

Phase 1: Discovery & Assessment (Week 1)

  1. Initial consultation with athlete (and family/guardian if minor or preferred)
  2. NIL valuation assessment (social media audit, sport/position analysis, academic standing)
  3. Review of existing contracts, endorsements, or obligations
  4. Compliance check: verify eligibility status with institution
  5. Explain Ohio-specific rules (HB 184 provisions, OAC requirements)

Phase 2: Setup (Week 2-3)

  1. Execute agent contract on OAC-approved form
  2. Athlete provides written notification to athletic director (72-hour requirement)
  3. Create athlete profile on NIL marketplace platforms (Opendorse, MOGL, etc.)
  4. Professional headshots and media kit creation
  5. Social media optimization (bio, content strategy, engagement plan)
  6. Set up NIL Go reporting access

Phase 3: Brand Matching & Deal Flow (Ongoing)

  1. Identify brand alignment based on athlete’s values, audience, and sport
  2. Pitch athlete to brands (both local/regional and national)
  3. Negotiate deal terms (deliverables, payment, timeline, exclusivity)
  4. Execute contracts with valid business purpose documentation
  5. Report all deals over $600 to NIL Go within 5 business days
  6. Deposit athlete payments into trust account per OAC rules

Phase 4: Execution & Growth (Ongoing)

  1. Coach athlete on content delivery and brand representation
  2. Monitor deliverable completion and brand satisfaction
  3. Track social media analytics and engagement metrics
  4. Quarterly financial review (earnings, taxes owed, deal pipeline)
  5. Annual brand strategy refresh
  6. Compliance audits (quarterly)

Differentiation Strategies for a Boutique Ohio Agency

Section titled “Differentiation Strategies for a Boutique Ohio Agency”
  1. Ohio-First Focus: Deep knowledge of Ohio law (HB 184, OAC rules, OHSAA status), relationships with Ohio school compliance offices, connections to Ohio-based businesses.

  2. Holistic Athlete Development: Go beyond deal-making to include financial literacy workshops, tax planning partnerships, personal branding coaching, and post-eligibility career planning.

  3. Volume Model for Mid-Market: Rather than competing for elite P4 athletes (dominated by national agencies), focus on the large underserved population of MAC, D2, D3, and NAIA athletes in Ohio where $1,000-$10,000 deals are the norm but still meaningful to athletes.

  4. Local Brand Network: Build a curated network of Ohio businesses (restaurants, car dealerships, law firms, fitness brands, regional retailers) that want athlete endorsements but lack access.

  5. Women’s Sports Specialization: Women’s volleyball, basketball, gymnastics, and soccer are growing fastest. Ohio has strong women’s programs. Early specialization in this segment creates first-mover advantage.

  6. Technology-Enabled but Relationship-Driven: Use platforms like Opendorse for marketplace access and MOGL for AI matching, but differentiate through personal relationships with athletes, families, coaches, and brand partners.

  7. Compliance-as-a-Service: Offer compliance navigation as a core value proposition, especially valuable as HB 184 takes effect and CSC enforcement intensifies.

Sources:


RiskImpactMitigation
HB 661 (HS NIL Ban)Could eliminate high school athlete market in OhioMonitor legislation; do not build business model dependent on HS athletes until resolved
Federal NIL LegislationCongress has discussed but not passed federal NIL rules; could preempt state lawBuild compliance framework that can adapt to federal standards
CSC Enforcement EscalationCSC is actively rejecting deals; could increase scrutinyEnsure every deal has documented valid business purpose and fair market value evidence
Revenue Sharing CannibalizationAs schools pay athletes directly ($20.5M cap), some third-party NIL demand may decreaseFocus on marketing deals and brand partnerships that complement (not compete with) institutional revenue sharing
Market Saturation at TopElite athlete NIL representation is crowdedFocus on underserved mid-market and regional segments
Trust Account / Bond Costs$15K bond + trust account setup creates barrier to entryFactor into startup costs; this also creates a moat against less-capitalized competitors

DateEvent
July 1, 2021NCAA interim NIL policy takes effect nationally
2021-2024Ohio has no state-level NIL law; operates under NCAA interim rules
March 18, 2025Ohio HB 184 introduced (136th General Assembly)
May 14, 2025HB 184 passes Ohio House unanimously
June 6, 2025House v. NCAA settlement approved; CSC established; NIL Go launched
July 1, 2025Revenue sharing begins ($20.5M cap); new NCAA NIL rules effective
June 2025Buckeye Sports Group launched (Ohio State + Learfield)
August 2025Cincinnati launches Cincy Connect NIL
October 2025Franklin County judge blocks OHSAA high school NIL ban (Jamier Brown case)
October 28, 2025NCAA Division I Board adopts expanded NIL reporting amendments
November 21, 2025OHSAA emergency referendum passes: HS NIL permitted (447-121)
November 2025HB 184 passes Ohio Senate (with amendments)
December 23, 2025Governor DeWine signs HB 184 into law
February 4, 2026HB 661 (HS NIL ban) first hearing in House Education Committee
March 18, 2026HB 184 takes effect

This report was compiled from publicly available sources as of February 18, 2026. Regulatory landscape is evolving rapidly. Consult legal counsel before making business decisions based on this research.