FREQUENTLY ASKED QUESTIONS
Two Rivers Trust operates as a sports marketing agency and fan club for PioNation representing athletes, brands, and loyal fans in partnership opportunities.
Our agency serves student-athletes, individuals, and organizations by developing NIL opportunities for the benefit of players, PioNation, and the Mid-Ohio Valley.
TWO RIVERS TRUST: FREQUENTLY ASKED QUESTIONS
Is Two Rivers Trust affiliated with the Marietta College or the Department of Athletics?
While Two Rivers Trust exists solely to support men’s basketball student-athletes who wear Marietta College jerseys, It is an independent entity. It is NOT affiliated with Marietta College. We work closely with and are aligned with the College on educational programming related to name, image, likeness, and associated regulations, including compliance and disclosure elements. As a community, we will comply with all NCAA, conference, state, and federal regulations related to NIL or any other area.
Why is Name, Image, and Likeness (NIL) important?
The introduction of name, image, and likeness (NIL) compensation to student-athletes is one of the most significant changes in college athletics history. And we are only at the beginning.
In its brief history, NIL has become one of the primary influences on the student-athlete experience at every school across the country. NIL now plays a significant role in student-athletes' decisions.
We must face the new realities of college sports, or we will fall behind in a hyper-competitive environment. We must continue to make the Pioneers a destination program for athletes across the country and the world.
Is my financial contribution tax deductible?
Two Rivers Trust has been created as a nonprofit corporation, but it is not a 501(c)(3). This was based on the advice of legal and tax professionals. However, some individual and business contributions may be tax deductible as marketing expenses. Every individual’s circumstance is different, so we encourage you to consult with appropriate tax professionals to determine whether there may be tax benefits on your contribution.
How do my financial contributions go to the players?
Your contributions are invested in athletes who are making a meaningful impact on athletic programs and our community. Two Rivers Trust will hold the dollars in an account, and collaborate with local organizations and not-for-profits to compensate student-athletes for advertisements, promotions, and appearances.
Student-athletes will be paid directly by Two Rivers Trust and our partners for their work.
What percentage of contributions go to student-athletes?
Our target is 90% of available funds, but this depends on various factors. Two Rivers Trust has various operating expenses, which include costs related to IT, professional services, marketing materials, content creation (photography and videography), and fan engagement experiences.
From time to time, Two Rivers Trust incurs additional costs associated with specific one-time fees. The goal has been, and will always be, to get the most lucrative NIL deals to our beloved Marietta College Men’s Basketball student-athletes.
What are some examples of NIL activities?
Some examples of NIL activity include (1) Social media influencing and other online promotional activity, (2) Personal appearances at businesses, conferences, camps, parties, social events, etc., (3) Appearing in TV, radio, print advertisements, (4) Endorsements of a third-party, (5) Student-athlete-run camps and private lessons, (6) Paid autograph sessions, (7) Sale of student-athlete owned apparel and personal items, and (8) Student-athlete run businesses.
NIL involves the use of a student-athlete’s name, image, or likeness (“NIL”) for promotional purposes by a third-party not associated with the NCAA or an NCAA institution.
Does Marietta College have an NIL policy?
Yes. The Marietta College has a comprehensive policy providing guidance for Student-Athlete Name, Image, and Likeness Activity.
More information can be found here: https://pioneers.marietta.edu/documents/2024/1/19/NILpolicy_01192024.pdf
Does Two River Trust support local nonprofits?
Two Rivers Trust coordinates with local non-profits and identifies opportunities for student-athletes to support community endeavors. Two Rivers Trust compensates the student-athlete for their work at no expense to the organization being served.
What is Name, Image, and Likeness (NIL)?
Terminology frequently used to describe a legal concept known as “right of publicity.” Right of publicity involves situations where permission is required of a person to use their name, image (e.g., a picture or video), or likeness (e.g., a cartoon, avatar, or sculpture); the requirement of permission also means that the person whose name, image, or likeness (NIL) is being used may be paid for it.
Why is Two Rivers Trust needed? Can’t I just donate to the College?
Per NCAA rules, Marietta College is prohibited from providing compensation in exchange for using a student-athlete’s name, image, or likeness. Only independent individuals, entities, organizations, businesses, or nonprofits can pay student-athletes for NIL.
Two Rivers Trust was formed to allow fans from across the globe to pool investments and assemble their money in a common portfolio managed to benefit the Marietta College Men’s Basketball Program. Philanthropy is the lifeblood of the athletic department, and we encourage all fans to maintain their level of philanthropic support to advance the basketball program.
Are student-athletes able to be compensated?
Yes, in 2021, the NCAA adopted an interim name, image, and likeness (NIL) policy that allows student-athletes to be compensated for their NIL. Further, and amidst the backdrop of the Supreme Court’s ruling in National Collegiate Athletic Association (NCAA) v. Alston, the NCAA and states began enacting rules and laws allowing student-athletes to receive compensation for their name, image, and likeness without many legal and legislative restrictions.
Does every student-athlete receive the same compensation?
No. Although every student-athlete who is eligible to be compensated by Two Rivers Trust is compensated, the amounts vary. Each contract is based on the specific athlete and the requirements of the athlete under the contract. For example, an athlete who participates in a fan engagement experience may earn more compensation than an athlete who posts on social media. The academic schedules and athletic schedules for each student-athlete varies, so availability may also vary from one month to the next.
What are the NCAA rules regarding NIL?
In general, NIL activities are permitted as long they follow these four guidelines: (1) There must be “quid pro quo” associated with any NIL deal (a student-athlete must perform an activity to receive compensation); (2) the activity performed by the student-athlete cannot be tied to athletic performance (example: score 20 points, win a game, or receive a “player of the week” award) or enrollment at a specific school; (3) the activity cannot be tied to or involve any recruiting inducement (example: an agreement for a student-athlete to commit to the University); and (4) institutions cannot provide compensation to student-athletes.
NCAA rules also require student-athletes to abide by any state laws or institutional policies.
All compensation provided by Two Rivers Trust will ensure there is adequate quid pro quo attached to the NIL deal and require a student-athlete to perform an activity to receive compensation.
Does Ohio have a state law regarding NIL?
Yes. Executive Order Executive Order 2021-10D (signed June 28, 2021):
https://governor.ohio.gov/media/executive-orders/executive-order-2021-10d
How is Two Rivers Trust funded?
Two Rivers Trust is made possible by our supporters — Division III’s most passionate college basketball fans — YOU — PioNation! Your contributions are invested in athletes who are making a meaningful impact on athletic programs and our community.
Can I engage with a student-athlete directly to promote my business?
Yes. In fact, much of the early work by the team at Two Rivers Trust was in support of just this type of activity. We have the experience to support businesses of all sizes and a proven framework to facilitate these opportunities for the mutual benefit of student-athletes and businesses. We can even assist in ensuring compliance with the ever-changing NIL landscape.