§3703. Intercollegiate athlete's compensation and rights; responsibilities of postsecondary
education institutions
A. An intercollegiate athlete at a postsecondary education institution may earn
compensation for the use of the athlete's name, image, or likeness subject to the following:
(1) To preserve the integrity, quality, character, and amateur nature of intercollegiate
athletics and to the extent prohibited by the rules of athletics governing associations, a
postsecondary education institution or an officer, director, employee, or agent of such
institution shall not provide a current or prospective athlete with compensation for the use
of the student athlete's name, image, or likeness unless authorized by one of the following:
(a) A court order nullifying or declaring unlawful current restrictions on player
compensation.
(b) The bylaws or regulations of the athletics governing organization for the
postsecondary educational institution.
(c) A settlement agreement or consent decree which has the same effect as a change
in bylaws or regulations of an athletics governing organization.
(2) Notwithstanding any other provision of law, a postsecondary institution or an
officer, director, employee, or agent of the institution may participate in name, image, and
likeness endeavors directly and in support of intercollegiate athletes pursuant to Paragraph
(1) of this Subsection.
B. A postsecondary education institution shall not adopt or maintain a contract, rule,
regulation, standard, or other requirement that prevents or unduly restricts an intercollegiate
athlete from earning compensation for the use of the athlete's name, image, or likeness.
Earning compensation shall not affect the intercollegiate athlete's grant-in-aid or athletic
eligibility.
C.(1) A postsecondary education institution may prohibit an intercollegiate athlete
from using the athlete's name, image, or likeness for compensation if the proposed use of the
athlete's name, image, or likeness conflicts with either of the following:
(a) Existing institutional sponsorship agreements or contracts.
(b) Institutional values as defined by the postsecondary education institution.
(2) An intercollegiate athlete shall not earn compensation for the use of the athlete's
name, image, or likeness for the endorsement of tobacco, alcohol, illegal substances or
activities, banned athletic substances, or any form of gambling or gaming, including sports
wagering.
(3) An intercollegiate athlete shall not use a postsecondary education institution's
facilities, uniforms, registered trademarks, products protected by copyright, or official logos,
marks, colors, or other indicia in connection with the use of the athlete's name, image, or
likeness without the express permission of the postsecondary education institution. In
granting this permission, a postsecondary education institution may require the third-party
entity engaging the athlete for a name, image, or likeness activity to follow the protocols
established by the postsecondary education institution, including licensing protocols.
D. A postsecondary education institution shall not prevent or unduly restrict an
intercollegiate athlete from obtaining professional representation by an athlete agent,
marketing representative, or an attorney engaged for the purpose of securing compensation
for the use of the athlete's name, image, or likeness, provided that professional representation
obtained by an intercollegiate athlete shall be from persons registered with or licensed for
such activity by the state as follows:
(1)(a) Representation provided by an athlete agent shall be by persons registered with
the state in accordance with, and in compliance with, the provisions of Chapter 7 of Title 4
of the Louisiana Revised Statutes of 1950. However, the notification provisions of R.S.
4:424(D)(3) shall not apply to an athlete agent who contacts an intercollegiate athlete for the
sole purpose of representing the athlete in matters pertaining to the use of the athlete's name,
image, or likeness.
(b) An athlete agent or marketing representative representing an intercollegiate
athlete shall comply with the federal Sports Agent Responsibility and Trust Act, 15 U.S.C.
7801 through 7807, in his relationship with the intercollegiate athlete.
(2) An attorney representing an intercollegiate athlete shall be duly licensed to
practice law.
E. A grant-in-aid, including cost of attendance, awarded to an intercollegiate athlete
by a postsecondary education institution is not compensation for the purposes of this Chapter
and shall not be revoked or reduced as a result of an intercollegiate athlete earning
compensation or obtaining professional or legal representation pursuant to this Chapter.
F. A contract for compensation for the use of the name, image, or likeness of an
intercollegiate athlete under eighteen years of age shall be executed on the athlete's behalf
by the athlete's parent or legal guardian.
G. An intercollegiate athlete's contract for compensation for the use of the athlete's
name, image, or likeness shall not violate the provisions of this Chapter.
H.(1) An intercollegiate athlete shall not enter into a contract for compensation for
the use of the athlete's name, image, or likeness if a term of the contract conflicts with a term
of the intercollegiate athlete's athletic program's team contract without the written approval
of the institution's athletic department.
(2) A postsecondary education institution asserting a conflict under this Subsection
shall disclose each relevant contract term that conflicts with the team contract to the
intercollegiate athlete or the athlete's representative.
I. An intercollegiate athlete who enters into a contract for compensation for the use
of the athlete's name, image, or likeness with a value of six hundred dollars or more shall
disclose the contract to the postsecondary education institution in which the athlete is
enrolled, in the manner designated by the institution.
J. The duration of a contract for representation of an intercollegiate athlete or
compensation for the use of an intercollegiate athlete's name, image, or likeness shall not
extend beyond his participation in an athletic program at a postsecondary education
institution.
K.(1) A postsecondary education institution shall provide annual financial literacy
and life skills training for a minimum of two and one-half hours.
(2)(a) The workshop shall, at a minimum, include information concerning financial
aid, debt management, and a recommended budget for full and partial grant-in-aid
intercollegiate athletes based on the cost of attendance for the current academic year. The
workshop shall also include information on time management skills necessary for success
as an intercollegiate athlete and available academic resources.
(b) The workshop shall not include any marketing, advertising, referral, or
solicitation by providers of financial products or services.
(c) The postsecondary education institution may provide resources in the areas of
financial responsibility, business formation, and marketing to support an intercollegiate
athlete's participation in name, image, and likeness endeavors.
L. No postsecondary institution's officers, directors, or employees, including athletics
coaching staff, educators, administrators, healthcare professionals, consultants, other staff,
and agents, whether paid, volunteer, or compensated through third parties, shall be liable for
any damages to an intercollegiate athlete's ability to earn compensation for the use of the
athlete's name, image, or likeness resulting from decisions and actions routinely taken in the
course of intercollegiate athletics or other matters relating directly or indirectly to an athlete's
eligibility to participate in intercollegiate athletics or profit from the use of the athlete's name,
image, and likeness, including but not limited to the administration of an institutions's
policies, procedures, codes of conduct, academic standards, health and safety protocols, and
related matters. No postsecondary institution, nonprofit organization, including its
subsidiaries and affiliates, whether nonprofit or otherwise, formally recognized by a
postsecondary institution, and no officer, director, employee, other staff member, or agent
of the institution or organization shall be liable in any manner, whether directly or indirectly,
under any theory of law or in equity, to a current, former, or prospective intercollegiate
athlete based upon the performance, nonperformance, breach, or termination of an agreement
between the current, former, or prospective intercollegiate athlete and a third party involving
the payment of compensation for name, image, or likeness. However, nothing in this
Subsection shall protect the postsecondary institution or its employees from acts of gross
negligence or wanton, willful, malicious, or intentional misconduct.
M. Any document disclosed by the intercollegiate athlete to the postsecondary
education institution that references the terms and conditions of the athlete's contract for
compensation shall be confidential and not subject to inspection, examination, copying, or
reproduction pursuant to the Public Records Law.
N.(1) Each postsecondary education management board shall adopt policies to
implement the provisions of this Chapter.
(2) No postsecondary education institution shall implement the provisions of this
Chapter until such time as the appropriate management board adopts the required policies.
Each management board has discretion as to when it adopts policies to implement the
provisions of this Chapter.