The world of sports marketing changed dramatically in 2021 when the NCAA allowed athletes to profit from their Name, Image, and Likeness (NIL). Since then, we've all heard about the mega deals few top Division I athletes sign. But that is just a tiny part of the story. This shift has opened up new opportunities for local businesses to partner with local athletes (including high school and club players) to tap into a powerful marketing strategy.
These partnerships are unique opportunities to increase brand visibility, build stronger connections with the community, and offer a unique return on investment. But because the rollout of NIL is new and still developing, it is important to understand the legal framework surrounding NIL, including Florida-specific laws, to ensure partnerships benefit business and do not risk the athlete's eligibility.

A Nickel Tour of NIL and Why It Matters
Collegiate sports has traveled in two noticeable historic arcs concerning player compensation. It began as the Wild West. For example, "collegiate" players often transferred from school to school to play sports for compensation (yes, I'm looking at you Ivy League schools). Then began a long effort (leading to the creation of the NCAA) to restrict player compensation for participation in collegiate sport.
Then, five years after his retirement, Ed O'Bannon, UCLA alumnus, saw his likeness--but not his name--in the video game NCAA March Madness, published by Electronic Arts.
The subsequent anti-trust lawsuit ultimately led to NCAA v. Alston, 594 U.S. 69 (2021). The specific question in that case concerned education-related compensation to Division I student athletes. Not particularly groundbreaking. That came from Justice Kavanaugh's concurring opinion:
I add this concurring opinion to underscore that the NCAA's remaining compensation rules also raise serious questions under the antitrust law.
Thus began NIL.
Surely a surprise to no one, Congressional silence to the NCAA's repeated pleas to develop a nationwide policy was deafening.
But Florida was one of the first states to take action, and the Legislature set up some ground rules that cover both collegiate and high school athletes.
Introduction to the Benefits of NIL Partnerships for Local Businesses
Just a few benefits of these partnerships for local businesses are: (1) increased brand visibility; (2) targeted marketing; (3) strengthening community ties; and, (4) building authenticity and trust.
Businesses can capitalize on a local athlete's reputation, performance visibility, and his or her social media presence.
For example, a local business can partner with a club volleyball player with a strong local presence and social media following to reach not only their followers, but also their friends, family, and school community.
If that fanbase aligns with a local business's target market, it can make the most of the business's marketing budget. Picture a local gym looking to attract youth, amateur athletes partnering with a local athlete. The endorsement--through social media, appearances, or testimonials--can draw that target market to the business.
Moreover, in the world of big box brick and mortar and online behemoths, local businesses can thrive through developing strong ties to their community. Few ties are stronger than partnering with a thriving local kid from the community; a community hero. This can foster a sense of pride and connection with the community in which the business operates.
And, of course, referrals. Customers are more likely to trust recommendations from people they admire. A top golf prospect from the neighborhood with a substantial social media presence personally endorsing a golf simulator, for example.
The ROI is endless and substantially more efficient.
Pick the Right Athlete
Of course, the best ROI comes from partnering with the right athlete. As all collegiate coaches will likely tell you, local reputation is not enough. Online is forever. The best partnerships are those in which the athlete aligns with the business's brand values. They align with your target audience. They require a concomitant engagement; the athlete must be as committed to the enterprise, if not more so. And, the athlete must have demonstrable influence. As Al Pacino said in Any Given Sunday, "That's the game, gentlemen."
But with the right fit, the partnership is limited only by the legal brackets and the partnership's creativity.
Be Creative
NIL today is equivalent to the "greed is good" era of 1980s America. Deregulation, uncertainty, very clear maximum left and right boundaries. Within the few strict rules established by the NCAA and the FHSAA (eligibility can never be threatened), there is abundant room for creativity.
Think beyond traditional sponsorships (though, those are good too). Consider:
Co-create branded products and services;
Host joint events and social media takeovers;
Sponsor charitable initiatives;
Capitalize on testimonials and content.
These are just a tiny fraction of the options available for the right fit between business and athlete.
Know the Rules (Get Help!)
Especially when maneuvering in a constantly adjusting landscape, you have to know the rules. Failure to do so can wreck your business, the institution, and particularly the athlete.
NIL partnerships must comply with Florida law (Fla. Stat. § 1006.74). They must comply with NCAA Bylaws and, if a high school athlete, FHSAA Bylaws. They must comply with the ever-evolving federal case law figuring this out piecemeal in the absence of Congressional action.
In chaos, there is opportunity. Mega NIL deals get the media. Local deals get the market. But, throughout, the athlete must be protected.
Next Steps
This is a lot to digest. We'll break out the components as best we can over a series of subsequent posts.
The marketing landscape is changing. It has been changing for a while and NIL has catapulted this evolution.
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