(a) As used in this section:

(1) “Student athlete” means a student enrolled at an institution of higher education who participates in an intercollegiate athletic program;

(2) “Intercollegiate athletic program” means a program at an institution of higher education for sports played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of college athletics;

(3) “Compensation” means the receipt, whether directly or indirectly, of any cryptocurrency, money, goods, services, other item of value, in-kind contributions and any other form of payment or remuneration;

(4) “Endorsement contract” means a written agreement under which a student athlete is employed or receives compensation for the use by another party of such student athlete’s person, name, image or likeness in the promotion of any product, service or event;

(5) “Sports agent” means a duly licensed person who negotiates or solicits a contract on behalf of a student athlete in accordance with the Sports Agent Responsibility and Trust Act, 15 USC 7801, et seq., as amended from time to time;

(6) “NCAA” has the same meaning as provided in § 10a-55k;

(7) “Institutional marks” means the name, logo, trademarks, mascot, unique colors, copyrights and other defining insignia of an institution of higher education;

(8) “Institution of higher education” means an institution of higher education, as defined in § 10a-55, and a for-profit institution of higher education licensed to operate in this state;

(9) “Official team activities” means all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports camps sponsored by the institution of higher education and other team-organized activities, including, but not limited to, individual photograph sessions, news media interviews and other related activities as specified by the institution of higher education; and

(10) “Prohibited endorsements” means receipt of compensation by, or employment of, a student athlete for use of the student athlete’s person, name, image or likeness in association with any product, category of companies, brands or types of endorsement contracts that the institution of higher education prohibits endorsing by policy.

(b) On or after January 1, 2022, or the date on which an institution of higher education in the state adopts or updates its policy in accordance with subdivision (3) of subsection (f) of this section, whichever is earlier, any student athlete who is enrolled at such institution of higher education may earn compensation through an endorsement contract or employment in an activity that is unrelated to any intercollegiate athletic program and obtain the legal or professional representation of an attorney or sports agent through a written agreement, provided such student athlete complies with the policy or policies adopted by his or her institution of higher education regarding student athlete endorsement contracts and employment activities.

(c) Each institution of higher education shall adopt one or more policies regarding student athlete endorsement contracts, employment activities and the use of institutional marks. Such policy or policies shall include provisions for: (1) Requiring a student athlete to disclose and submit a copy to his or her institution of higher education of each endorsement contract, written agreement for employment and representation agreement executed by the student athlete; (2) prohibiting a student athlete from entering into an agreement that conflicts with the provisions of any agreement to which the institution of higher education is a party, provided such institution shall disclose to the student athlete or the student athlete’s attorney or sports agent the provisions of the agreement that are in conflict; (3) prohibiting a student athlete’s performance of the endorsement contract or employment activity from interfering with any official team activities or academic obligations; and (4) identifying any prohibited endorsements.

(d) No provision of this section shall be construed to (1) require an institution of higher education or an athletic association or conference, including, but not limited to, the NCAA to compensate a student athlete for use of his or her name, image or likeness; (2) require a student athlete or any other person to compensate an institution of higher education or an athletic association or conference, including, but not limited to, the NCAA for a student athlete’s endorsement contract or employment activity that is in accordance with the provisions of subsection (b) of this section; (3) qualify any scholarship that a student athlete receives from an institution of higher education as compensation; (4) qualify a student athlete as an employee of an institution of higher education; (5) require an institution of higher education to take any action in violation of the Discrimination Based on Sex and Blindness Act, 20 USC 1681, et seq., as amended from time to time; (6) prohibit a student athlete from engaging in an employment activity that entails coaching or performing a sport, provided such activity is not related to any intercollegiate athletic program; (7) prohibit an institution of higher education from using a student athlete’s name, image or likeness in connection with official team activities; or (8) require an institution of higher education to allow a student athlete to use or consent to the use of any institutional marks.

(e) No athletic association or conference, including, but not limited to, the NCAA, on the basis of a student athlete’s endorsement contract, employment activity or representation by an attorney or sports agent pursuant to subsection (b) of this section, shall (1) prohibit or prevent an institution of higher education or its intercollegiate athletic program from participating in intercollegiate sports, (2) restrict or revoke a student athlete’s eligibility to participate in an intercollegiate athletic program, (3) prohibit or prevent a student athlete from earning compensation from such endorsement contract or employment activity, or (4) prohibit or prevent a student athlete from representation by a duly licensed attorney or sports agent.

(f) (1) No institution of higher education, on the basis of a student athlete’s endorsement contract, employment activity or representation by an attorney or sports agent pursuant to subsection (b) of this section, shall (A) prohibit or prevent such student athlete from earning compensation from such endorsement contract or employment activity, (B) prohibit or prevent such student athlete from representation by a duly licensed attorney or sports agent, or (C) restrict or revoke such student athlete’s eligibility for a scholarship or to participate in the intercollegiate athletic program at such institution.

(2) Notwithstanding § 1-210 with respect to public institutions of higher education, no institution of higher education shall disclose any record of the compensation received by a student athlete from an endorsement contract or employment activity entered into or engaged in pursuant to subsection (b) of this section unless the institution receives the written consent of the student athlete for each disclosure.

(3) Not later than January 1, 2022, the governing board of each institution of higher education shall adopt or update its policies, as necessary, to carry out the purposes of this section.

(g) No provision of subsections (d) and (f) of this section shall be construed to prevent an institution of higher education or an athletic association or conference, including, but not limited to, the NCAA, from prohibiting a student athlete’s participation in an intercollegiate athletic program, revoking a student athlete’s eligibility for a scholarship or taking any other punitive or legal action if such student athlete’s endorsement contract, employment activity or representation by an attorney or sport agent does not comply with the provisions of subsection (b) of this section.

(h) No student athlete may receive compensation for use of such student athlete’s name, image or likeness as an inducement to attend, enroll in or continue attending a specific institution of higher education or intercollegiate athletic program.