West Virginia NIL Laws: Rules for College and High School Athletes

West Virginia’s NIL Evolution

West Virginia has moved from passive enablement to active protectionism—the 2025 legislative session built a legal fortress designed to insulate athletic assets from external interference.

West Virginia has executed a sophisticated strategic realignment through aggressive 2025 legislation. HB 2576 “NIL Protection Act” creates a “sovereign shield” prohibiting NCAA investigations/penalties. HB 2595 “Non-Profit Athletics Act” authorizes athletic nonprofits for in-house management. Country Roads Trust collective sunsetted—replaced by “Championship Resource Fund.” The $125/semester “Mountaineer Athletic Advantage Fee” on students funds revenue sharing. WVSSAC Series 2 (August 2025) permits high school NIL with strict school separation. Here’s the complete guide.

HB 2583 (2021) — Foundation:

• Original NIL law sponsored by Delegate Fluharty
• Permissive statute: Athletes can earn without losing eligibility
• Kept universities at arm’s length from deal-making
• Required disclosure of contracts to institution

HB 2576 “NIL Protection Act” (April 2025) — Sovereign Shield:

• Prohibits NCAA/conference from opening investigations for state-authorized NIL
• Prohibits penalizing, suspending, or adverse action against institutions/athletes
• Institutions can recover damages if NCAA takes adverse action
• Athletes NOT employees solely because of NIL activities
• Guardrails: Prohibits alcohol, gambling, cannabis, tobacco, adult content

HB 2595 “Non-Profit Athletics Act” (2025) — Institutional Vehicle:

• Authorizes universities to establish athletic nonprofit corporations
• Purpose: “operational, economic, fiscal, and educational development activities”
• Operate with private-sector agility while serving university mission
• Assets transfer to charitable/educational entity upon dissolution
• Enables transition from third-party collectives to in-house operations

House v. NCAA Settlement (2025):

• Direct revenue sharing authorized (~$20.5 million annual cap)
• $2.8 billion back damages to athletes (2016-2021)
• Roster limits replace scholarship limits

WVSSAC Series 2 (August 8, 2025):

• West Virginia Board of Education approved high school NIL
• Grades 9-12 (and middle school) can monetize NIL
• Strict prohibition: No school logos, uniforms, or implied endorsement
• “Undue influence” recruitment restrictions

Why West Virginia Matters:

WV’s 2025 legislative package represents a paradigm shift from “permission” to “facilitation and protection.” HB 2576 allows institutions to recover damages from NCAA—financial deterrent to interference. HB 2595 enables in-house collective management. The $125/semester student fee is among the highest mandatory athletic fees nationally. Unlike Arkansas, WV has NO state income tax exemption for NIL—competitive disadvantage.

West Virginia College NIL Rules

West Virginia college athletes benefit from HB 2576’s “sovereign shield” and HB 2595’s institutional nonprofit framework, enabling aggressive in-house NIL management.

What West Virginia Law Guarantees:

• NCAA/conferences prohibited from investigating/penalizing state-authorized NIL
• Institutions can recover damages if NCAA takes adverse action
• Athletes NOT employees solely because of NIL
• Universities can create athletic nonprofits for in-house management
• Injunctive relief available for athletes/institutions

Gold & Blue Enterprises (June 2025):

• In-house agency created under HB 2595 authority
• Manages NIL support and “new and diversified revenue streams”
• Services: Compensation, compliance, brand development, strategic partnerships
• Integrates sales, marketing, and media operations
• Co-branding agency for WVU brand + athlete NILs

Championship Resource Fund:

• Primary reservoir for athlete compensation and revenue sharing
• Housed within Mountaineer Athletic Club (MAC)
• Country Roads Trust (CRT) membership accounts transitioned here
• Donors receive “priority points” and elevated MAC status
• CRT now focuses only on women’s basketball and Olympic sports

$125/Semester “Mountaineer Athletic Advantage Fee”:

• Mandatory fee for Morgantown campus students starting Fall 2025
• Billed separately from tuition—earmarked for athletics/student-athletes
• Generates estimated $3.5-5 million annually
• AD Wren Baker: WVU fees historically low vs. peers (USC at $300)
• Trade-off: Students get premium sideline seating for free

Prohibited Categories:

• Alcohol, gambling, cannabis, tobacco, adult content
• Industries “inconsistent with educational missions”

Tax Implications — NO Exemption:

• WV has NO state income tax exemption for NIL (unlike Arkansas)
• A dollar earned at WVU worth less than at Arkansas or Florida
• “Jock Tax” applies to non-residents for duty days in state
• Mobile employee exemption: 30 or fewer days = exempt

West Virginia High School NIL Rules

WVSSAC Series 2 (August 8, 2025) permits high school athletes to monetize NIL while maintaining strict separation from school identity.

Key Facts:

• Governing Body: WV Secondary School Activities Commission (WVSSAC)
• Status: Permitted (August 8, 2025)
• Applies to: Grades 9-12 and middle school
• Aligns WV with 40+ other states

“Branding Wall” — Strict Separation:

No School Marks: Cannot use school name, logo, mascot, or any IP. No Uniforms: Cannot wear school uniform during any commercial activity. No Association: Cannot imply school/WVSSAC endorsement. Athletes monetize their own fame, NOT the school’s intellectual property.

Prohibited Categories:

Alcohol, tobacco, cannabis, firearms, gambling, adult entertainment. Pay-for-play strictly forbidden—compensation cannot be tied to athletic performance.

Recruitment Guardrails — “Undue Influence”:

“No one associated with or acting at the direction of a member school… may use the promise of NIL opportunities to entice student athletes to transfer or attend their school.” Violations = loss of eligibility + school penalties. Director Wayne Ryan: Athletes can benefit from NIL but not from school association or specific athletic performance.

College vs. High School: Key Differences

Feature	College (HB 2576/2595)	High School (WVSSAC)
NIL Status	Fully Legal + Sovereign Shield	Permitted (Aug 2025)
Institutional Pay	Allowed ($20.5M cap)	Prohibited
NCAA Enforcement	BLOCKED + damages recoverable	N/A
School Logos/Uniforms	Allowed	Prohibited ("Branding Wall")
In-House Management	Gold & Blue Enterprises	N/A
Student Fee	$125/semester mandatory	N/A
Tax Exemption	NO (unlike Arkansas)	N/A
Pay-for-Play	Prohibited	Prohibited

The Key Distinction: West Virginia’s HB 2576 allows institutions to recover damages from NCAA—unique financial deterrent. HB 2595 enables in-house nonprofit structure (Gold & Blue Enterprises). The $125/semester student fee is among the highest nationally. Country Roads Trust sunsetted—Championship Resource Fund is primary vehicle. Unlike Arkansas, NO state tax exemption for NIL.

What West Virginia Athletes Can Do

College Athletes:

Receive direct revenue sharing from institution ($20.5M cap); Work with Gold & Blue Enterprises for comprehensive NIL support; Sign endorsement deals with brands; Monetize social media accounts; Earn from camps, clinics, and training; Sell autographs and merchandise; Make paid personal appearances; Hire agents for NIL contracts; Use school logos and uniforms in NIL content; Contribute to Championship Resource Fund for priority points; Seek injunctive relief if NIL blocked; Receive fan support through platforms like RallyFuel.

High School Athletes (Grades 9-12 + Middle School):

Sign commercial endorsements (no school affiliation); Monetize social media accounts (no school branding); Earn from autograph signings; Build personal brand completely separate from school identity.

What West Virginia Athletes Cannot Do

College Athletes:

Cannot endorse prohibited categories: alcohol, gambling, cannabis, tobacco, adult content; Cannot endorse industries “inconsistent with educational missions.”

High School Athletes:

Cannot use school name, logo, mascot, or any school IP; Cannot wear school uniform in any NIL content; Cannot imply school/WVSSAC endorsement; Cannot accept NIL as recruitment inducement (“undue influence”); Cannot accept pay-for-play (performance-contingent); Cannot endorse: alcohol, tobacco, cannabis, firearms, gambling, adult entertainment.

Both:

Must pay taxes on NIL income (WV state income tax + federal + self-employment); NO state tax exemption unlike Arkansas; Must maintain academic eligibility.

Compliance Requirements

For College Athletes:

Work with Gold & Blue Enterprises for compliance guidance and brand development; Disclose NIL contracts per institutional policy; Avoid prohibited categories (alcohol, gambling, cannabis, tobacco, adult); Utilize Championship Resource Fund for donor-connected opportunities; File taxes—NO state exemption; NIL income fully taxable at WV rates + federal + self-employment.

For High School Athletes:

Strict “Branding Wall”: NEVER use school name, logo, mascot, uniform, or facilities; NEVER imply school/WVSSAC endorsement; NEVER accept NIL as recruitment inducement; NEVER accept pay-for-play; Avoid all six prohibited categories; Report any “undue influence” recruitment attempts.

For Parents:

For college: Review all contracts; Understand NO state tax exemption—WV less favorable than Arkansas, Florida, Texas; Gold & Blue Enterprises provides comprehensive support; Championship Resource Fund donations = MAC priority points. For high school: “Branding Wall” is absolute—complete separation from school; “Undue influence” rules prevent NIL-based recruitment; Consider consulting attorney for significant deals.

How Fans Support West Virginia Athletes

West Virginia has passionate Mountaineer fans—and now they can directly support athletes through NIL.

College Athletes:

Platforms like RallyFuel enable West Virginia fans to support athletes at:

• West Virginia University – Big 12
• Marshall University – Sun Belt
• All sports—Football, Basketball, and more

The Championship Resource Fund:

WVU’s primary vehicle for athlete compensation. Contributions earn “priority points” and elevated Mountaineer Athletic Club (MAC) status—better seats, parking, and access. Country Roads Trust members have been transitioned to this fund.

How It Works:

1. Create an account on RallyFuel.com or the mobile app
2. Select your West Virginia school affiliation
3. Browse verified athletes currently on your program’s roster
4. Fuel athletes you want to support
5. Track your support through your fan dashboard

How It Works: When you purchase Fan Fuel, you’re purchasing Conditional NIL Engagement Rights (CNERs). If conditions are met, RallyFuel or its affiliate offers an NIL Agreement to the athlete. If conditions aren’t met—for example, if an athlete transfers—you receive an automatic refund.

Conditional Protection: RallyFuel’s conditional model protects Fan Fuel with automatic refunds if athletes transfer or conditions aren’t met. West Virginia fans can support players without financial risk.

Important: Fan support through RallyFuel is voluntary and conditional. Fuel purchases are not charitable donations. RallyFuel is not a guarantor that any athlete will accept an NIL Agreement. Purchasing Fan Fuel does not guarantee athletic performance, playing time, or any specific outcome.

High School Athletes:

West Virginia high school athletes may pursue NIL opportunities under WVSSAC Series 2 rules (August 2025) provided they maintain complete separation from school identity. “Undue influence” recruitment restrictions apply.

Learn More About the NIL Landscape

Name, Image, and Likeness plays an increasing role in college sports, and understanding how it works often requires more than individual articles or news updates.

RallyFuel is a platform focused on NIL-related topics across college athletics. It brings together information about athletes, NIL activity, and the broader structure behind modern college sports, helping readers explore the topic in more depth.

Visit RallyFuel

Frequently Asked Questions

Can West Virginia high school athletes do NIL?

Yes, as of August 8, 2025. WVSSAC Series 2 permits athletes in grades 9-12 and middle school to monetize NIL. However, strict “Branding Wall” applies: No school logos, uniforms, or implied endorsement. Six prohibited categories (alcohol, tobacco, cannabis, firearms, gambling, adult entertainment). Pay-for-play forbidden. “Undue influence” recruitment restrictions.

What is West Virginia’s “Sovereign Shield”?

HB 2576 “NIL Protection Act” (April 2025) prohibits the NCAA and conferences from opening investigations, penalizing, suspending, or taking adverse action for state-authorized NIL activities. UNIQUE: Institutions can recover damages if NCAA takes adverse action—financial deterrent to interference. Athletes explicitly NOT employees solely because of NIL.

What happened to Country Roads Trust?

Country Roads Trust (CRT), founded by Oliver Luck and Ken Kendrick, has been sunsetted as the primary NIL collective. All membership accounts transitioned to the Championship Resource Fund within the Mountaineer Athletic Club. CRT now focuses only on women’s basketball and Olympic sports. Donors receive “priority points” in MAC for Championship Resource Fund contributions.

What is the $125 student fee?

The “Mountaineer Athletic Advantage Fee” is a mandatory $125/semester fee for Morgantown campus students starting Fall 2025. Billed separately from tuition, earmarked for athletics/student-athletes. Generates estimated $3.5-5 million annually. AD Wren Baker: WVU fees historically low vs. peers (USC at $300). Trade-off: Students get premium sideline seating for free.

Is NIL income tax-exempt in West Virginia?

Unlike Arkansas, West Virginia has NO state income tax exemption for NIL. Athletes at WVU are subject to WV state income tax on all NIL earnings plus federal plus self-employment. A dollar earned at WVU is worth less than at Arkansas, Florida, or Texas—competitive disadvantage in recruitment.

What happens if an athlete I supported transfers?

If an athlete transfers or selects a different school during the conditional period, you receive an automatic refund to your original payment method. No manual request is required.

West Virginia: The Mountain State’s Sovereign Shield

West Virginia has executed a sophisticated strategic realignment through aggressive 2025 legislation. HB 2576’s “sovereign shield” blocks NCAA interference and allows institutions to recover damages. HB 2595 enables in-house athletic nonprofits like Gold & Blue Enterprises. Country Roads Trust sunsetted—Championship Resource Fund is the primary vehicle with MAC priority points. The $125/semester student fee funds the $20.5M revenue-sharing cap. WVSSAC Series 2 permits high school NIL with strict “Branding Wall” separation. Unlike Arkansas, WV has NO state tax exemption—competitive disadvantage.

For college athletes ready to maximize their NIL potential, RallyFuel provides fan-powered support with conditional protection. Explore verified West Virginia athletes and start fueling today.