NIL Knowledge Hub
NIL for agencies and agents
Agencies and agents may represent athletes in NIL deals, but many states require athlete agents to register or be licensed, the federal Sports Agent Responsibility and Trust Act bars deceptive recruiting of athletes, and some states cap fees, such as South Carolina's 30% limit on agent commissions. In NIL Go, an agency that pays an athlete for a brand is a deal facilitator, and the brand, not the agency, must be the original source of the money.
Federal agent rules may change: the Protect College Sports Act would create a federal agent registry and a 5% fee cap if the House passes it.
Key facts
- NCAA rules allow athletes to use agents for NIL activity.
- Many states require athlete agents to register or be licensed; for example, California, New York, Louisiana, Virginia and Maryland tie NIL representation to state agent laws.
- The federal Sports Agent Responsibility and Trust Act (SPARTA) applies in every state.
- South Carolina caps agent commissions at 30%; the Senate-passed Protect College Sports Act would cap fees at 5% and create a federal registry if enacted.
- In NIL Go, an agency paying an athlete on a brand's behalf is a deal facilitator; a matchmaker that does not handle payment need not be listed.
- A professional service provider may facilitate payments only if the business using the athlete's NIL is the source of the money.
On this page
Registration and licensing
There is no single national agent license. Most states regulate athlete agents under their own laws, often based on the Uniform Athlete Agents Act, and many NIL statutes point to them:
- California requires agents to be licensed under its Business and Professions Code.
- New York requires registration under Article 39-E of its General Business Law.
- Virginia defines an athlete agent as someone registered under its agent law, for both college and high school NIL.
- Louisiana's 2026 law requires NIL representatives to be registered or licensed, and a 2026 law requires anyone who helps athletes negotiate NIL deals to register.
- Maryland points families to its Uniform Athlete Agents Act.
Separately, the federal Sports Agent Responsibility and Trust Act bars agents from false or misleading promises, from giving anything of value to recruit an athlete, and from failing to give required warnings.
Fees
NIL agent fees are mostly set by contract. A few rules limit them: South Carolina caps agent commissions at 30%, Minnesota's high school association requires fees consistent with typical industry arrangements, and the Senate-passed Protect College Sports Act would cap representation fees at 5% if it became law. Executive Order 14400 (April 2026) also called for limits on excessive agent commissions. Put the fee, the deals it covers and how the agreement ends in writing.
Agencies in NIL Go
For Division I deals, NIL Go asks who the deal sponsor is (the business that benefits and provides the money) and who the deal facilitator is (anyone who pays the athlete on the sponsor's behalf, such as a marketing agency or multimedia rights holder). A matchmaker that only connects the sponsor and athlete, without handling payment, does not need to be identified.
Under the rules, a professional service provider may facilitate payments only if the entity using the athlete's NIL is the originating source of the compensation. Facilitators are also checked for association with the athlete's school. Athletes may name one representative to enter deals in NIL Go for them, but the submission is the athlete's.
Representing high school athletes
Where high school NIL is allowed, students may usually use an agent or attorney, but the rules are tighter:
- Agents connected to the school, such as school employees or contractors, are often barred; Minnesota bars service providers employed by the school, and Michigan bars representatives who are associated with the school.
- Deals may never be tied to recruiting, transfers or athletic performance.
- Parents or guardians usually sign for athletes under 18.
- In Florida, an agent must be a registered athlete agent or a Florida-licensed attorney.
Frequently asked questions
Do NIL agents need to be registered?
In many states, yes. State athlete agent laws, and several state NIL statutes, require registration or licensing, and the federal SPARTA law applies everywhere.
How much can an NIL agent charge?
Mostly what the contract says. South Carolina caps agent commissions at 30%, and the Senate-passed federal bill would cap fees at 5% if it becomes law.
Is an NIL agency a deal facilitator in NIL Go?
If it pays the athlete on the brand's behalf, yes. A matchmaker that does not handle payment does not need to be listed.
Next steps
Sources
- Glossary (deal sponsor, deal facilitator) — College Sports Commission
- Rules and Policies (professional service providers) — College Sports Commission
- California Education Code § 67456 — FindLaw (California Code)
- New York Education Law § 6438-C — The New York State Senate
- Code of Virginia § 23.1-408.1 — Virginia General Assembly
- South Carolina's new NIL law and what it means for collegiate athletes — Womble Bond Dickinson
- S.4668, Protect College Sports Act of 2026 — Congress.gov
- Executive Order 14400 — U.S. Government Publishing Office
This is general information, not legal advice. NIL rules differ by state, school, association and sport, and they change often. Check the official sources linked on this page and talk with your school's compliance office, your state association or a licensed attorney before you sign anything.