Attorney
Name, Image, and Likeness (NIL) opportunities have opened new doors for high school and college athletes in Oregon and Nebraska. But behind every endorsement or sponsorship is a legally binding contract that can impact an athlete’s rights, eligibility, and future. While agents may help secure deals, only a licensed attorney can provide the legal insight needed to protect those rights.
In this post, our Oregon and Nebraska NIL contract attorneys explain why every NIL contract should be reviewed by a lawyer, not just an agent, and what athletes and families in Oregon and Nebraska need to know to avoid costly legal pitfalls.
What Legal Risks Are Hidden in NIL Contracts?
NIL contracts are not simple endorsement agreements. They often include complex clauses related to exclusivity, duration, termination, and intellectual property rights. Without a lawyer’s review, athletes risk signing away long-term control over their name, image, and likeness–or worse, violating NCAA rules and losing eligibility.
Common legal risks in NIL contracts include:
- Unfavorable or unclear payment terms
- Loss of control over how an athlete’s image is used
- Tax liabilities from unreported or misclassified income
While Oregon’s Senate Bill 5 and Nebraska’s Legislative Bill 962 provide a legal framework for NIL activity, these laws only set minimum standards. They do not address the full scope of risks that may be buried in NIL agreements.
For example, a Nebraska high school athlete unknowingly signed a multi-year exclusivity clause that prevented them from accepting future offers from larger brands. Without legal guidance, the athlete was locked into a low-paying deal that limited future opportunities.
What’s the Difference Between an Agent and a Lawyer in NIL Deals?
Agents and lawyers serve different, albeit equally important, roles in the NIL process. Agents can help negotiate deals and connect athletes with brands, but they are not licensed to interpret legal language or provide legal advice. Only attorneys can ensure that a contract complies with state and federal laws, advise on enforceability, and represent athletes in disputes.
Key areas where legal review is essential include:
- Ownership and control of intellectual property
- NCAA eligibility compliance
- Termination and renewal clauses that could limit future deals
Lawyers also have a fiduciary duty to act in the client’s best interest. Agents, by contrast, may be motivated by commission and could prioritize closing a deal quickly over protecting the athlete’s long-term rights.
Ideally, athletes should work with both an agent and a lawyer, understanding that only a lawyer can provide the legal protection needed.
What Are the Most Common NIL Contract Misconceptions?
Many high school and college athletes and their families believe that agents are enough to handle NIL contracts. This is a dangerous misconception. Agents cannot provide legal advice or represent athletes in disputes.
Other common myths include:
- Believing that standard or “boilerplate” contracts are safe. In reality, these agreements often include vague or one-sided terms that can limit future earning potential or expose athletes to liability.
- Assuming that Oregon and Nebraska’s NIL laws offer full protection. These laws are helpful but limited. They do not address every clause or scenario that may arise in a contract.
- Thinking any lawyer can handle NIL matters. In truth, athletes should seek attorneys with specific experience in sports law and NIL contracts to ensure proper guidance.
What Should Athletes and Families in Oregon & Nebraska Do Before Signing an NIL Deal?
Before signing any NIL agreement, athletes in Oregon and Nebraska should consult a lawyer with experience in NIL or sports law. This ensures that the contract protects their rights and complies with both state laws and NCAA rules.
Athletes and families should also:
- Keep detailed records of all NIL activities, payments, and communications for tax and compliance purposes
- Review contracts carefully for ownership of NIL rights, duration, renewal terms, and potential conflicts with school or NCAA policies
- Use trusted resources like the Sports Lawyers Association or NIL Network to find qualified legal help
Coaches, schools, and parents should prioritize early education about NIL rights and risks. Understanding the legal landscape before a deal is signed can prevent costly mistakes down the road.
Protect Your NIL Rights with Help from an Experienced Lawyer
NIL contracts are legal commitments with long-term consequences. Athletes in Oregon and Nebraska should never sign without a qualified attorney’s review. At The Hughes Companies, our attorneys understand the nuances of NIL law and are here to protect your rights and future. Contact us today to schedule a consultation and make sure your NIL deal works for you—not against you.