JOHNSON & WALES UNIVERSITY NAME, IMAGE, AND LIKENESS POLICY
I. Scope and Application
A. This Name, Image, and Likeness Policy (“Policy”) applies to all Johnson & Wales University (“JWU”) Student Athletes (as defined below) and employees (including student employees, acting in their capacity as employees) and persons directly under university control or acting on the university’s behalf (collectively together with Student Athletes, “Covered Persons”).
II. Definitions
A. Compensation means the receipt, whether directly or indirectly, of any cryptocurrency, goods, money, services, or other items of value, or in kind contributions or any other form of payment or remuneration.
B. Endorsement Contract means an agreement under which a student is employed or receives Compensation for the use by another party of such student’s image, likeness, name, or person in the promotion of any event, product, or service.
C. Official Team Activities means all exhibitions, games, practices, scrimmages, sports camps sponsored by the university, team appearances, team photograph sessions, and other team-organized activities, including, but not limited to, news media interviews, photograph sessions, and other related activities as specified by the university.
D. Prohibited Endorsement Category means any Endorsement Contract in certain categories, with specific entities or with specific identified individuals that are in conflict with applicable law, National Collegiate Athletic Association (“NCAA”) rules and regulations, university contracts, university policies or procedures, or which may negatively impact the image or reputation of the university (collectively, “Laws and Rules”). Prohibited Endorsement Categories include, but are not limited to:
1. Activities that are misleading, offensive, or in violation of or conflict with the Laws and Rules.
2. Activities that appear to create an endorsement by the university of a particular business organization or product.
3. Activities that appear to create an endorsement by the university of a political candidate or position regarding public policies.
4. Activities involving adult entertainment; alcohol; alternative or electronic nicotine products or delivery systems; gambling or sports wagering; illegal activities, products, or services; marijuana or other controlled substances; substances on the NCAA Banned Substance List and performance enhancing substances; tobacco; or any other category that may negatively impact the image or reputation of the university.
E. Student Athlete means any student enrolled at the university and participating in NCAA athletics programs at the university and any prospective student who may be eligible to engage in NCAA athletics programs at the university.
F. University Marks means the copyrights, logo, marks, mascot, name, trademarks, unique colors, and other intellectual property or defining insignia of the university.
III. Policy
A. Review and Approval
1. A Student Athlete may enter into an Endorsement Contract provided that, prior to entering into any Endorsement Contract, the Student Athlete:
a) Informs the university of the Student Athlete’s intention to enter such Endorsement Contract;
b) Submits a copy of the Endorsement Contract to the university’s Director of Athletics or, if there is not a physical document, provides all relevant detail regarding such Endorsement Contract to the university;
c) Ensures the Endorsement Contract otherwise complies with this Policy and all applicable Laws and Rules;
d) Receives university approval under this Policy; and
e) Informs the university of any changes to the terms of such Endorsement Contract occurring after university review.
2. The university’s Director of Athletics shall review all Endorsement Contracts and approve all Endorsement Contracts that comply with this Policy.
B. Endorsement Contract Requirements
1. Any Endorsement Contract entered into by a Student Athlete must not:
a) Conflict with this Policy or, for avoidance of doubt, any contract to which the university is a party.
b) Require a Student Athlete to engage or partiticipate in any Prohibited Endorsement Category.
c) Be between the student and the university or any university employee, in their individual or representative capacity, or otherwise provide compensation to a Student Athlete from the university in exchange for such Endorsement Contract.
d) Provide a recruiting inducement or inducement to the Student Athlete to remain enrolled at the university.
e) Be conditioned or contingent on enrolling at, or continuing enrollment at the university, or on any specific athletic performance or achievement.
f) Compensate a Student Athlete for participation, performance, or service in an intercollegiate sport.
C. Student Athlete Requirements
1. Student Athletes are prohibited from using or consenting to the use of any University Marks in connection with any Endorsement Contract without prior written permission from a university officer, subject to revocation at any time in university’s sole discretion.
2. Student Athletes are prohibited from performing any service or activity associated with an Endorsement Contract that interferes with any Official Team Activities or academic obligations.
3. At their own cost, Student Athletes engaging in Endorsement Contracts should consult with an attorney about any Endorsement Contracts and an appropriate tax professional about the tax implications of any Compensation. At their own cost, international Student Athletes engaging in Endorsement Contracts should consult with an attorney to discuss any immigration implications under their visas.
IV. Policy Owner
A. Director of Athletics
V. Effective Date
A. Original: September 2022
