NIL Deal Contract
Brand Partnership Agreement
NIL PARTNERSHIP AGREEMENT
Section titled “NIL PARTNERSHIP AGREEMENT”This NIL Partnership Agreement (“Agreement”) is entered into as of $Date$ by and between:
BRAND: Company Name: $BrandName$ Contact Person: $BrandContact$ Title: $BrandContactTitle$ Address: $BrandAddress$ Phone: $BrandPhone$ Email: $BrandEmail$
ATHLETE: Name: $AthleteName$ University: $University$ Sport: $Sport$
AGENCY (Facilitator): Echelon Media Sports LLC d/b/a N.I.L.E.M.S. Representative: Roechard D. Lewis Phone: $AgencyPhone$ Email: $AgencyEmail$
1. PURPOSE
Section titled “1. PURPOSE”The Brand engages the Athlete to provide Name, Image, and Likeness (NIL) services as described in this Agreement. The Agency facilitates the partnership and ensures compliance with applicable laws.
2. CAMPAIGN DESCRIPTION
Section titled “2. CAMPAIGN DESCRIPTION”Campaign Name: $CampaignName$ Campaign Period: $StartDate$ through $EndDate$ Description: $CampaignDescription$
3. DELIVERABLES
Section titled “3. DELIVERABLES”The Athlete agrees to provide the following deliverables:
| # | Deliverable | Quantity | Platform/Location | Due Date |
|---|---|---|---|---|
| 1 | $Deliverable1$ | $Qty1$ | $Platform1$ | $Due1$ |
| 2 | $Deliverable2$ | $Qty2$ | $Platform2$ | $Due2$ |
| 3 | $Deliverable3$ | $Qty3$ | $Platform3$ | $Due3$ |
| 4 | $Deliverable4$ | $Qty4$ | $Platform4$ | $Due4$ |
Content Requirements:
- Brand must provide creative brief, brand guidelines, and any required messaging by $BriefDueDate$
- Athlete will submit content for Brand approval at least $ApprovalDays$ business days before posting
- Brand has $RevisionRounds$ rounds of revisions
- Final content must be approved in writing before publishing
4. COMPENSATION
Section titled “4. COMPENSATION”| Component | Amount |
|---|---|
| Flat Fee | $FlatFee$ |
| Per-Post Rate | $PerPostRate$ (if applicable) |
| Appearance Fee | $AppearanceFee$ (if applicable) |
| Merchandise Royalty | $RoyaltyPercent$% of net sales (if applicable) |
| Product/In-Kind | $ProductValue$ (fair market value) |
| Performance Bonus | $BonusTerms$ (if applicable) |
| Total Compensation | $TotalCompensation$ |
Payment Schedule:
- $PaymentSchedule$ (e.g., “50% upon execution, 50% upon completion of all deliverables”)
- Payment method: $PaymentMethod$ (Direct deposit / Check / Other)
- Net payment terms: Net $NetDays$ from invoice date
Agency Commission:
- NILEMS receives $CommissionRate$% of total compensation, paid from the Athlete’s portion per the Athlete Representation Agreement.
- Brand pays the full compensation amount to NILEMS, which distributes the Athlete’s net share.
5. USAGE RIGHTS
Section titled “5. USAGE RIGHTS”The Brand is granted a non-exclusive, limited license to use the Athlete’s Name, Image, and Likeness as follows:
| Right | Scope |
|---|---|
| Channels | $UsageChannels$ (e.g., social media, website, email, in-store) |
| Geography | $UsageGeography$ (e.g., Ohio, United States, Worldwide) |
| Duration | $UsageDuration$ (e.g., 6 months from campaign end date) |
| Exclusivity | $Exclusivity$ (Category-exclusive / Non-exclusive) |
Restrictions:
- Brand may NOT use Athlete’s NIL beyond the scope defined above without written consent
- Brand may NOT use the Athlete’s university trademarks, logos, or facilities without the university’s separate written permission
- Brand may NOT alter Athlete’s image in a misleading or defamatory manner
- All content remains subject to Athlete’s final approval
6. ATHLETE REPRESENTATIONS
Section titled “6. ATHLETE REPRESENTATIONS”The Athlete represents and warrants that:
- They are a current student-athlete in good standing at $University$
- They have the legal right to enter into this Agreement
- This Agreement does not conflict with any existing obligations
- They will comply with all applicable school, NCAA, and Ohio NIL rules
7. BRAND REPRESENTATIONS
Section titled “7. BRAND REPRESENTATIONS”The Brand represents and warrants that:
- It is a legally operating business entity
- The campaign does not involve prohibited categories under the Athlete’s school policy
- It will not require the Athlete to engage in activities that could jeopardize eligibility
- It will make payments in accordance with the schedule above
8. COMPLIANCE
Section titled “8. COMPLIANCE”- This deal must adhere to NCAA rules, Ohio NIL law (R.C. 4771, HB 184), and the Athlete’s institutional policies
- A NIL Deal Compliance Report will be submitted to the Athlete’s school compliance office before deal execution
- This deal does NOT constitute pay-for-play or recruiting inducement
- All compensation represents fair market value for legitimate NIL services
9. MORALS CLAUSE
Section titled “9. MORALS CLAUSE”Either Party may terminate this Agreement if the other Party engages in conduct that materially damages the other’s reputation, brand, or public standing. Termination under this clause requires written notice with specific description of the conduct.
10. CONFIDENTIALITY
Section titled “10. CONFIDENTIALITY”The financial terms of this Agreement are confidential and shall not be disclosed to third parties except as required by law, compliance reporting, or tax filings.
11. TERMINATION
Section titled “11. TERMINATION”- Either Party may terminate with fourteen (14) days’ written notice for uncompleted deliverables
- Compensation will be prorated for completed deliverables
- Brand retains usage rights for content already published during the campaign period
12. INDEMNIFICATION
Section titled “12. INDEMNIFICATION”Each Party agrees to indemnify and hold harmless the other Party from claims arising from the indemnifying Party’s breach of this Agreement.
13. GOVERNING LAW & DISPUTE RESOLUTION
Section titled “13. GOVERNING LAW & DISPUTE RESOLUTION”This Agreement shall be governed by Ohio law. Disputes shall be resolved through mediation in Ohio before litigation.
SIGNATURES
Section titled “SIGNATURES”BRAND Signature: ____________________________ Name: $BrandContact$ Title: $BrandContactTitle$ Date: ____________________________
ATHLETE Signature: ____________________________ Name: $AthleteName$ Date: ____________________________
AGENCY — N.I.L.E.M.S. Signature: ____________________________ Name: Roechard D. Lewis Date: ____________________________