Last updated: November 2026
When Florida first allowed college athletes to earn money from their name, image, and likeness, the state law came with a detailed list of rules about what a deal could and could not include. Most of those rules were repealed in February 2023. Today, Florida's NIL statute for college athletes says very little about what a deal can or cannot include.
That puts the weight on the contract itself. A brand's form agreement is written to protect the brand, not the athlete. Below are seven red flags we look for when we review an NIL deal for a Florida high school or college athlete:
1. Exclusivity that reaches too far
A brand paying you to promote one sports drink has a fair reason to keep you away from competing sports drinks. It does not have a fair reason to block you from every food and beverage deal for three years. Read the exclusivity clause for two things: how broad the category is, and how long it lasts after the deal ends.
2. Usage rights with no end date
Many agreements give the brand the right to use your name, photos, and videos "in perpetuity" or "in any media now known or later developed." In plain terms, the brand could keep running your face in ads long after it stops paying you. Usage rights should end when the deal ends, or shortly after.
3. A term that outlasts the athlete
Watch for automatic renewals and contracts that run past graduation or the end of eligibility. Under the Florida High School Athletic Association’s NIL rules, NIL activity is tied to the athlete's time as a student. A college athlete headed to the pros should not still be bound by a deal signed as a freshman.
4. Vague payment terms
The contract should say exactly how much you are paid, when, and what you have to do to earn it. Be careful with payment tied to things you do not control, such as team wins or playing time. If someone made you a promise over the phone, it needs to be in the written agreement.
5. School logos and uniforms
Under the Florida High School Athletic Association’s NIL rules, high school athletes in Florida cannot use their school's uniform, logo, mascot, or other identifying marks in NIL activities. College athletes need their school's permission to use its marks, and many schools have their own policies on top of that. A deal that requires you to post in team gear can put you in violation of those rules, and in some cases your eligibility at risk, without anyone noticing until it is too late.
6. Prohibited categories
The Florida High School Athletic Association’s NIL rules bar deals involving adult entertainment, alcohol, tobacco and vaping, cannabis, controlled substances, prescription drugs, gambling (including sports betting), weapons and ammunition, and political or social activism. High school athletes also cannot be paid as an inducement to attend a particular school. College athletes should check their school's policies, which often have their own restricted list.
7. An agent without a Florida license
Anyone acting as a college athlete's agent on NIL contracts in Florida must hold a Florida athlete agent license. An agent contract with an unlicensed person is void. A properly drafted agent contract must also tell the athlete, in bold, that it can be cancelled within 14 days of signing, and both the athlete and the agent must notify the school's athletic director within 72 hours.
If the athlete is under 18
As a general rule, a minor can back out of a contract. For that reason, some brands ask for court approval of a deal with a minor. Florida law specifically allows a court to approve a contract under which a minor will endorse a product or service or be paid for the use of their right of publicity. Once a court approves it, the minor can no longer get out of it.
Court approval requires written consent from the parents with custody and approval from a guardian ad litem. The court can also order part of the minor's earnings set aside until adulthood. If a brand asks for court approval, that is not a bad sign, but it is a process you should not go through without a lawyer.
Reporting college deals
Under the House v. NCAA settlement, Division I athletes must report third-party NIL deals worth $600 or more through the College Sports Commission's NIL Go platform within five business days of signing. The Commission reviews whether the deal has a valid business purpose and whether the pay falls in a reasonable range. Verbal agreements on payment count too. Congress is also considering federal NIL legislation, so these rules may change again.
Before you sign
An NIL deal is a binding contract, and the terms that matter most are often buried deep in the agreement. We typically review NIL agreements for Florida athletes and families at a flat fee, and our NIL review cost guide explains what that covers. For the basics, see NIL Deals for Florida Athletes. To have a deal reviewed, learn more about our sports and entertainment practice or schedule a free consultation.
This post is for general information only and is not legal advice. NIL rules are changing quickly, so confirm the current rules with your school and a lawyer before signing.