                                 CODE OF VIRGINIA

INTERSCHOLASTIC ATHLETICS; STUDENT-ATHLETES; COMPENSATION AND REPRESENTATION FOR
NAME, IMAGE, OR LIKENESS (§ 22.1-212.2:4)

A. As used in this section:
			&#8220;Athlete agent&#8221; means an individual who holds a valid certificate
of registration as an athlete agent issued pursuant to Chapter 5.2 (&#xA7;
54.1-526 et seq.) of Title 54.1.
			&#8220;Attorney&#8221; means an attorney licensed to practice law in the
Commonwealth.
			&#8220;Compensation&#8221; means any type of remuneration or anything of
value. &#8220;Compensation&#8221; does not include any (i) scholarship provided
to a student-athlete that covers some or all of the cost of attendance at a high
school at which the student-athlete is enrolled or (ii) benefit a
student-athlete may receive in accordance with the rules of the relevant
athletic association or conference.
			&#8220;High school&#8221; means any public or private high school in the
Commonwealth.
			&#8220;Student-athlete&#8221; means an individual enrolled at a high school
who participates in interscholastic athletics.

B. No high school or agent thereof, athletic association, athletic conference,
or other organization with authority over interscholastic athletics shall:

   1. Prohibit or prevent a student-athlete from earning compensation for the use
   of his name, image, or likeness, except as otherwise permitted in this
   section;

   2. Prohibit or prevent a student-athlete from obtaining professional
   representation by an athlete agent or legal representation by an attorney in
   connection with issues related to name, image, or likeness; or

   3. Declare a student-athlete ineligible for interscholastic athletic
   competition because he earns compensation for the use of his name, image, or
   likeness or obtains professional representation by an athlete agent or legal
   representation by an attorney in connection with issues related to name,
   image, or likeness.

C. No athletic association, athletic conference, or other organization with
authority over interscholastic athletics shall prohibit or prevent a high school
from becoming a member of the association, conference, or organization or
participating in interscholastic athletics sponsored by such association,
conference, or organization as a consequence of any student-athlete earning
compensation for the use of his name, image, or likeness or obtaining
representation by an athlete agent or attorney in connection with issues related
to name, image, or likeness.

D. No student-athlete shall earn compensation for the use of his name, image, or
likeness in connection with any of the following:

   1. Alcohol and alcoholic beverages;

   2. Adult entertainment;

   3. Cannabis, cannabinoids, cannabidiol, or other derivatives, not including
   hemp or hemp products;

   4. Controlled substances, as defined in &#xA7; 54.1-3401;

   5. Performance enhancing drugs or substances such as steroids or human growth
   hormone;

   6. Drug paraphernalia, as defined in &#xA7; 18.2-265.1;

   7. Tobacco, tobacco products, alternative nicotine products, nicotine vapor
   products, and similar products and devices;

   8. Weapons, including firearms and ammunition for firearms; and

   9. Casinos or gambling, including sports betting.

E. Any high school may prohibit a student-athlete from earning compensation for
the use of his name, image, or likeness while the student-athlete is engaged in
academic, official team, or athletic program activities, including class,
tutoring, competition, practice, travel, academic services, community service,
promotional activities, and other athletic program activities.

F. No student-athlete shall use a high school&#8217;s facilities; apparel;
equipment; uniforms; or intellectual property, including logos, indicia,
registered and unregistered trademarks, and products protected by copyright, for
any opportunity to earn compensation for the use of his name, image, or
likeness, unless otherwise permitted by such high school.

G. Prior to executing an agreement concerning the use of his name, image, or
likeness, a student-athlete shall disclose such agreement to the high school at
which he is enrolled in a manner designated by the high school. If a
student-athlete discloses a potential agreement that conflicts with an existing
high school agreement, the high school shall disclose the relevant terms of the
conflicting agreement to the student-athlete.

H. A high school may prohibit a student-athlete from using his name, image, or
likeness to earn compensation if the proposed use conflicts with an existing
high school agreement relating to interscholastic athletics.

I. No high school shall, except as otherwise permitted in this section, enter
into, renew, or modify any agreement that prohibits a student-athlete from using
his name, image, or likeness to earn compensation while the student-athlete is
engaged in non-academic, unofficial team, or non-athletic program activities.

J. Nothing in this section shall be construed to impact the employment status of
a student-athlete or qualify a student-athlete as an employee of a high school
solely because the student-athlete engages in name, image, or likeness
opportunities.

K. Any student-athlete who is aggrieved by any action of a high school or agent
thereof, athletic association, athletic conference, or other organization with
authority over interscholastic athletics in violation of any provision of this
section may bring an action for injunctive relief.

L. The Department shall publish in a publicly accessibly format on its website
information about laws that are applicable to any contract entered into by a
student-athlete relating to compensation for the use of his name, image, or
likeness.

HISTORY: 2024, c. 694.