Title 53H
Chapter 6
Part 2
Section 202
| Index | Utah Code |
| Title 53H | Higher Education |
| Chapter 6 | Campus Life and Activities |
| Part 2 | Athletics |
| Section 202 | Use of a student athlete's name, image, or likeness in intercollegiate athletics programs -- Contracts -- Exceptions -- Prohibitions.
(Effective 10/14/2025)
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Effective 10/14/2025
53H-6-202.
Use of a student athlete's name, image, or likeness in intercollegiate athletics programs -- Contracts -- Exceptions -- Prohibitions.
| (1) | An institution may, except as provided in Subsection (2), compensate a student athlete directly for use of the student athlete's name, image, or likeness. |
| (2) | An institution may not compensate a student athlete or prospective student athlete for use of the student athlete's name, image, or likeness through:
| (a) | funds the Legislature appropriates; or |
| (b) | a fee a student attending an institution pays to the institution. |
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| (3) |
| (a) | A student athlete may not enter into a student athlete agreement that contains a prohibited endorsement provision. |
| (b) | A student athlete agreement or any communication, or other material related to a student athlete agreement, including those created before May 1, 2024, is not subject to Title 63G, Chapter 2, Government Records Access and Management Act. |
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| (4) | A student athlete attending an institution is not an employee of the institution through:
| (a) | the student athlete's participation in an athletic program the institution offers; or |
| (b) | the institution compensating the student athlete for use of the student athlete's name, image, or likeness. |
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| (5) | The board shall:
| (a) | beginning fiscal year 2028 and every five years thereafter, conduct an audit of each institution that evaluates:
| (i) | money an institution expends to directly compensate a student athlete for the use of the student athlete's name, image, or likeness; and |
| (ii) | the implementation and use of payments by an institution to a student athlete for a student athlete's name, image, or likeness; and |
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| (b) | prepare and submit a written report for the audit described in Subsection (5)(a) to the Education Interim Committee and the Higher Education Appropriations Subcommittee. |
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| (6) | An athletic entity may not:
| (a) | prevent a student athlete of an institution from fully participating in intercollegiate athletics because the student athlete:
| (i) | earns compensation through the student athlete's name, image, or likeness; or |
| (ii) | obtains professional representation from an athlete agent or attorney; |
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| (b) | prevent an institution from becoming a member of an athletic entity or from participating in intercollegiate athletics that an athletic entity sponsors because a student athlete of an institution or college participating in intercollegiate athletics:
| (i) | earns compensation from the use of the student athlete's name, image, or likeness; or |
| (ii) | obtains professional representation from an athlete agent or attorney; or |
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| (c) | prevent an institution, institutional marketing associate, or third-party entity from creating and supporting opportunities for a student athlete to earn compensation for use of the student athlete's name, image, or likeness. |
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Renumbered and Amended by Chapter
8, 2025 Special Session 1