Member & Business Terms and Conditions

COTU is an independent Name, Image, and Likeness (NIL) collective designed to facilitate compliant NIL opportunities for student-athletes connected to the Randolph–Macon College men's basketball program. COTU operates independently from Randolph–Macon College and its athletic department.

COTU activities may include charitable initiatives, community appearances, marketing campaigns, fan engagement experiences, promotional partnerships, youth clinics, digital media campaigns, and related NIL opportunities.

Member acknowledges and agrees that contributions to COTU:

• Are not payments for athletic performance;
• Are not conditioned upon playing time, statistics, roster status, awards, or team success;
• Are not intended to induce enrollment, transfer decisions, recruiting commitments, or continued participation at Randolph–Macon College; and
• Do not provide Member authority over team operations, coaching decisions, or student-athlete participation.

All contributions, sponsorships, and member payments may be pooled and allocated by COTU at its discretion across NIL activities, charitable initiatives, operational expenses, business partnerships, community events, marketing campaigns, student-athlete compensation agreements, and related collective initiatives.

Participation in a member tier or sponsorship program does not guarantee compensation to any specific student-athlete.

Certain member contribution levels may include benefits such as:

• Event access;
• Community engagement opportunities;
• Merchandise;
• Recognition opportunities;
• Exclusive member experiences;
• Sponsor visibility;
• Athlete appearances; or
• Other collective-hosted activities.

All member benefits are subject to availability, scheduling, student-athlete availability, institutional compliance requirements, and operational discretion of COTU. COTU reserves the right to substitute, modify, reschedule, or cancel benefits, events, or experiences as reasonably necessary.

Student-athlete participation in NIL activities is dependent upon:

• NCAA Division III rules;
• Institutional policies;
• Academic obligations;
• Team schedules;
• Health and safety considerations; and
• Individual NIL agreement availability.

COTU does not guarantee the appearance or participation of any particular student-athlete unless separately agreed to in writing.

Business sponsors participating in NIL campaigns, promotions, charitable initiatives, or marketing activations may be required to execute separate sponsorship agreements outlining deliverables, timelines, compensation structures, and usage rights.

COTU reserves the right to approve, deny, or discontinue partnerships that may conflict with institutional policies, NCAA guidelines, applicable law, or the values and objectives of the collective.

Unless otherwise stated in writing, contributions and sponsorship payments are non-refundable. In the event of event cancellation, athlete unavailability, force majeure, scheduling conflicts, or operational changes, COTU may, at its discretion, provide substitute benefits, rescheduled experiences, credits, or alternative programming.

Member grants COTU permission to use Member's business name, logo, likeness, testimonials, event photographs, and related promotional materials in connection with collective marketing, sponsorship recognition, and NIL programming unless Member provides written notice requesting otherwise.

All parties agree to comply with applicable NCAA Division III guidelines, institutional NIL policies, state law, and other applicable regulations governing NIL activities. If any activity, agreement, or deliverable is determined to create a compliance concern, COTU reserves the right to modify, suspend, or terminate the activity as necessary.

COTU is an independent organization and is not owned, operated, or controlled by Randolph–Macon College or its athletic department.

No contribution to COTU constitutes a charitable donation to Randolph–Macon College unless expressly stated otherwise in writing.

To the maximum extent permitted by law, COTU and its officers, directors, advisors, volunteers, representatives, and affiliates shall not be liable for indirect, incidental, consequential, or special damages arising from participation in member programs, events, NIL activities, or sponsorship initiatives.

COTU reserves the right to update or modify these Terms at any time. Updated Terms become effective upon publication through official collective communication channels or member materials.

These Terms shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia.

A general management fee of five percent (5%) will be deducted from all contributions, sponsorships, membership payments, and other proceeds received by COTU. This fee is used to cover ordinary business expenses of operating the collective, including but not limited to administrative costs, payment processing, accounting, legal and compliance support, technology and platform fees, marketing, insurance, and event operations.

The remaining proceeds are allocated to NIL activities, student-athlete compensation agreements, charitable initiatives, community programming, and related collective initiatives as described in Section 3.