University of Toledo enters new world of name, image and likeness

Jul. 5—Let the endorsements begin.

A new era of college sports commenced at the strike of midnight on July 1, as athletes became eligible to sign third-party endorsement deals, receive payment for autograph signings and appearances, and do a slew of other activities that have long been considered taboo as it relates to amateurism.

Remarkably, the sun still rose.

"I think it's great," Toledo men's basketball coach Tod Kowalczyk said. "If there's an opportunity for them to capitalize off of their name, image, and likeness, it's a very reasonable thing for them to get paid for. The universities that adapt and look at this as a positive will benefit."

While no Toledo athletes have signed a deal yet according to Brian Lutz, UT's senior associate athletic director for compliance, agreements are imminent.

Doomsdayers have shouted from the NCAA's lofty perch for a half-century, arguing that any form of payment would result in the ruination of intercollegiate athletics. Unsurprisingly, cost-of-attendance stipends, free cream cheese, and bowl game swag bags have not negatively impacted college sports.

While name, image, and likeness represents a seismic shift, the likelihood of the system crumbling and becoming unrecognizable is minuscule. Football and men's basketball are billion-dollar enterprises that operate because of the players, an unrepresented group that will finally get its share of the pie.

As will women's basketball players, cross country runners, and members of pistol teams. The previous model, one that existed since President Theodore Roosevelt helped found the NCAA in 1906, was akin to Washington, D.C's famous license plates: taxation without representation.

If the free market says a college athlete is worth X amount of dollars, he or she should be able to profit off their celebrity.

"It's clearly a unique time in college athletics, and some would say it is chaotic," Toledo athletic director Mike O'Brien said. "But we need to embrace this because it's here, and it's here to stay. It is an opportunity for student-athletes, and we're going to support that."

The University of Toledo is partnering with Opendorse, a digital marketing company whose partners include some 40,000 athletes across major professional sports leagues and prominent colleges and universities, to create Liftoff, a program that will provide UT athletes with education and resources to capitalize on their name, image, and likeness.

The Rockets are using Opendorse's NIL package — Opendorse Ready, Monitor, and Social — to prepare athletes for the looming opportunities, with the goal of empowering them to build and protect their brands through education, marketing, and compliance technology.

"Toledo athletics has embraced change and readied its department to meet the coming opportunities and challenges associated with name, image, and likeness," Opendorse CEO Blake Lawrence said. "Toledo has embraced the kind of long-term approach that [will] benefit Rocket student-athletes for years to come."

Ohio Gov. Mike DeWine signed an executive order allowing Ohio's college athletes to receive compensation related to NIL. The NCAA's Division I Board of Directors approved an interim policy that allows athletes to receive NIL compensation without forfeiting their eligibility if the payments are consistent with state laws.

Opendorse Ready is a program that provides athletes with assessment, education, and performance tools to understand and build their personal brands. Athletes will receive custom brand value assessments, live consultation sessions with industry leaders, and on-demand access to NIL Masterclass, an education series featuring experts on brand building, monetization, and financial literacy from leading companies, including Instagram and Twitter.

Opendorse Monitor allows athletes to disclose activities to simplify compliance. Opendorse Social equips athletes with access to video and photo content through drag-and-drop media libraries, one-tap publishing technology, and real-time analytics.

"With the expertise of Opendorse, combined with the considerable resources available on our campus and in our community, our new Liftoff program will be able to provide our student-athletes with the knowledge and skills that will better prepare them for a new world of opportunities now and in the future," O'Brien said.

"They're going to capitalize on it. There's no question about it. This has been coming for some time. There's been months and months and years and years of discussion on this. July 1, 2021, will go down as a historic day. There would be some that would say this day would never have happened. I would have said that early in my career, but times have changed. Obviously, the student-athlete voice is much more present than it's ever been."

Toledo athletes are uniquely positioned among their MAC counterparts because the university is located in a big city. Buffalo is the only other school that shares that distinction, but it's a small fish because of the Bills and Sabres. UT is the biggest game in town and has relationships with prominent companies, creating ample opportunities for athletes.

Football, men's basketball, and women's basketball players could command a sizable income. Their visibility and Gen Z status make them marketing gold. The addition of social media strengthens their worth.

It's why Auburn quarterback Bo Nix signed a deal with Milo's Sweet Tea, and Miami quarterback D'Eriq King secured multiple endorsement deals, and the Cavinder twins — women's basketball players from Fresno State — turned their TikTok fame into dollars and cents.

"I don't have anything concrete as far as what might be coming, but I would have to expect [athletes to sign deals in the near future]," Lutz said. "And it can be any number of different avenues. I don't know how many of them have an artistic ability that might allow them to potentially profit off that ability, or any entrepreneurs that might have a start-up business and would like to utilize their name, image, and likeness, or anyone could be planning on doing a camp in their hometown for young folks. I would expect something to happen."

Deals must be disclosed with UT and are subject to review by the school's compliance office. The marketing or endorsement of alcohol, gambling, marijuana, and tobacco is prohibited in the state of Ohio, and athletes are restricted from signing contracts with competitors. For example, Toledo is a Coca-Cola and Nike school, essentially eliminating Pepsi and Adidas from the list of potential suitors for Toledo athletes.

The men's basketball program signed a multi-year partnership with INFLCR prior to last season to educate players and build their brands. The deal allows Toledo players, coaches, and staff to gain access to photos, videos, and graphics created by UT and delivered through the INFLCR software and mobile app to share on personal social media channels.

INFLCR serves more than 100 universities, 700 teams, and 30,000 athletes across the NCAA.

"From the start, the coaching staff at Toledo recognized the value and power of their student-athletes as brand ambassadors for the program," INFLCR CEO Jim Cavale said. "They are all-in as far as helping players build a brand for themselves that can benefit them now and beyond their playing days at Toledo."

The online approach is aimed at bolstering UT's presence, impacting attendance, recruiting, fundraising, and other strategic goals.

"Certainly times have changed," Kowalczyk said. "I've obviously been part of college athletics for a long time, and [NIL] was a long time coming and something that needed to happen. I don't think it's going to affect things as much as people probably think it will."

Which has been a constant result in recent decades as the NCAA entered an era of reluctant modernization. As public opinion evolves, the NCAA has been forced to change, kicking and screaming all the way to the finish line.

"Twenty years ago, when I started in college athletics, student-athlete employment was such a hot topic," Lutz said. "I think institutions will adjust and we'll become comfortable with the new normal. It'll just become part of the culture."

First Published July 5, 2021, 10:00am