Student Athlete Agent Registration Update: "Name, Image, and Liability: Louisiana's New Playbook for NIL Agents"
ACT No. 895 (Senate Bill No. 389—2026 Regular Session) requires anyone representing a Louisiana student athlete in connection with NIL opportunities or professional representation to register with the Attorney General’s Public Protection Division, undergo a background check, and complete mandatory training before engaging in that work. The law establishes a separate regulatory framework for NIL agents, gives athletes a private right of action against bad actors, expands the Attorney General’s civil and criminal enforcement authority, and eliminates compensation rights for agents who fail to comply. Effective August 1, 2026, these requirements allow athletes and their families to confirm whether an agent is properly registered, while placing greater compliance obligations on agents and attorneys working in this space.
A new accompanying law—ACT No. 810 (House Bill No. 513—2026 Regular Session)—brings high school NIL activity within the scope of Louisiana’s existing NIL framework (La. R.S. 17:3701, et seq.). Among other things, it identifies prohibited endorsement categories for high school athletes, requires written parental consent for athletes under 18, requires disclosure to the athlete’s high school before an agreement is signed, and establishes standards for when a high school may prohibit a proposed NIL deal.
Who is impacted?
For purposes of the new law, an “athlete” is any person who resides in Louisiana and is eligible to participate, will be eligible to participate, or participates in sports contests, including high school students.
The new law also expands the definition of “agent” to include anyone who “represents or advises an athlete in connection with an endorsement contract, or endorsement activities, including name, image, and likeness matters.”
The new law does not require certification by a player’s association for agents who solely handle endorsement or NIL work.
Agents registered as agents in other states may obtain registration status in Louisiana by submitting: (1) a copy of the application for registration filed in the other state; (2) a statement signed under penalty of perjury and identifying any material change in the information contained in the application or affirming that no material change has occurred; and (3) a copy of the certificate of registration issued by the other state.
Once an athlete, or a third person acting on behalf of the athlete, initiates communication with an unregistered agent, the agent has seven (7) days after the initial act to submit and complete the required registration.
Registration Application
The application includes twenty-one (21) requirements. Among the most important are disclosure of each social media account with which the applicant, the applicant’s business, or the applicant’s employer is affiliated; a description of the applicant’s formal training, practical experience, and educational background relating to activities as an athlete agent; disclosure of ownership or equity interests in the applicant’s operation of the athlete-agent business; a list of all athletes the agent worked with during the preceding five years; a list of civil proceedings in which the applicant was named as a defendant during the preceding fifteen years; and whether the applicant has been adjudicated bankrupt within the preceding ten years. Further, as a condition of registration, each applicant must consent to and submit to a background check at the applicant’s cost. Failure to do so will result in denial of the application.
Required Disclosure
Before representing an athlete, the agent must provide the athlete with documentation of the agent’s registration status, fee calculations, third-party compensation, expenses, scope of services, duration of representation, and date of execution. This documentation does not need to be submitted to the division, but it must be retained by both the athlete and the agent and produced upon request or subpoena. Failure to obtain the required disclosure documents may result in forfeiture of all rights to compensation for the endorsement activity.
Under the new law, the athlete is required to disclose the endorsement contract to the educational institution or school.
How Long Does Registration Status Last?
The registration or renewal of registration under the new law is valid for two (2) years.
Consequences
Any agent contract, or any designation of consideration to or for the athlete agent or any third person in an endorsement contract, that violates the law is void and unenforceable, and the agent must return any consideration received under the contract.
Athlete Protection
An athlete may bring a civil action against an agent for damages if the agent’s act or omission causes the athlete to lose eligibility, be suspended or disqualified from participation, or suffer financial or reputational harm.
The new law also bars high school athletes from using their NIL for commercial promotions involving adult entertainment, alcohol, cannabis, gambling, controlled substances, drug paraphernalia, performance-enhancing drugs, tobacco, or weapons.
David Fleshman, Partner, and Joe Kehrli, J.D., Bar Admission Pending, are members of Breazeale Sachse’s Sports Law Group, advising clients on legal issues affecting athletes, athletic organizations, and the evolving landscape of name, image, and likeness (NIL) opportunities.
