High School Hustle: Athletes cash in on name, image and likeness as states grapple with regulations

(InvestigateTV) — Richie Clementi wakes up before five every morning to start a routine that is not only regimented but has become his guiding principle to success.

At 17 years old, Clementi’s drive and determination as a wrestler captured the attention of companies that noticed his athletic ability on social media and began offering him money for his name, image and likeness, or NIL, to use their products.

Amid an evolving digital landscape, Clementi received his first NIL deal years ago. Some of the deals he’s signed are worth five figures.

Across America, states have various regulations when it comes to NIL deals for high school athletes. These regulations are typically set by each state’s high school athletic association, but in rare cases, lawmakers have tried to intervene in a push to legalize NIL endorsements for teen athletes still in high school.

State high school athletic associations – like the NCAA – are voluntary membership groups and are either set up as nonprofit organizations or private entities.

Our national investigative team looked at NIL rules across America and found about three dozen states allow NIL deals for high school athletes.

Others strictly prohibit compensation for name, image and likeness, which makes getting one of those lucrative deals impossible without moving if athletes live in a state where it’s banned.

For one talented basketball player, moving from her home state of Missouri was the only option to score an NIL deal, her mom told InvestigateTV.

A CHECKERBOARD OF REGULATIONS

The National Federation of High School Associations or NFHS is based in Indianapolis, Indiana and helps provide guidance for state associations to follow.

Dr. Karissa Niehoff is the CEO of NFHS. Her organization oversees the rules for 18 interscholastic sports that are implemented by each state’s high school athletic association.

She weighed in on NIL for high schoolers and supports what each high school association implements for their respective states.

“Can high school kids engage in NIL contracts? Absolutely,” Niehoff said. “The difference for us is that they should not do it while representing their high school. They’re not professionals. They’re amateurs. They don’t own that high school jersey. They own their name, image and likeness.”

Some states don’t allow the high schools to be represented when it comes to NIL, while others strictly prohibit it.

Although some state high school athletic associations have specifically banned NIL for teens, lawmakers in Michigan tried to overturn that measure recently, but it stalled. State Representative Jimmie Wilson’s office told InvestigateTV that Wilson intends to refile the bill during this upcoming legislative session.

As high schools begin to see a trickle-down effect from NCAA rules, many believe it’s only a matter of time before NIL will be allowed in every state. Right now, NIL for high school athletes is prohibited in the following states: Alabama, Hawaii, Indiana, Michigan, Ohio, Texas, West Virginia, Wisconsin and Wyoming.

GRINDING AT AN EARLY AGE

Richie Clementi’s father foreshadowed this day many years ago and helped get his son focused. With the help and guidance of his dad who owns a wrestling school, Clementi began wrestling at the age of 10.

Clementi’s father began setting up a social media profile for him – and that move paid dividends - ultimately leading his son on a path to getting seen by people who would have otherwise never known him.

Clementi said getting attention for his hard work also took a lot of networking.

“At age 12, we started building my profile, my name, image and like this kind of... what NIL stands for,” Clementi recalled. “Since age 12, I’ve been meeting people at tournaments wherever I go. I’d be like, ‘Hey, can you follow me on Instagram? I’ll follow you back.’ So, that’s kind of how I built my Instagram page, and that’s how most companies find me actually.”

To date, Clementi’s Instagram page has nearly 18,000 followers and includes a link to 4D, one of the companies that is paying him for his name, image and likeness.

“It’s pretty cool,” Clementi said. “It’s cool feeling whenever you search on my name and it says, first athlete, regardless of sport [in Louisiana], to get a NIL deal.”

As a senior in high school, he’s won three state championships and a spot in Louisiana history books because of the hard work he puts in on the wrestling mat. Clementi’s daily schedule is jam-packed.

“So the average high school season day looks like waking up at like 4:55-ish, driving across the lake to New Orleans, having my first workout of the day, usually a lift or a run, go to school for hours,” Clementi said. “Then after that, I have my high school practice, which lasts about two, two and a half hours. Then I drive back across the lake back here, and I come train here for about an hour, hour and a half, and get home around 8:00-ish, 9:00-ish, and then homework and all the all the other stuff.”

Following a grueling day, Clementi always makes time to stay focused. The money that’s paid to him from companies offers him an opportunity to become a better wrestler – instead of working a minimum wage job which would take him away from important practices. He credits that advantage to his winning record on the wrestling mat.

“I’ve actually found myself wrestling better when I’m calm,” Clementi said. “I stop listening to music. I kind of like to feel the environment around me, and that’s what gets me. My breathing good, everything’s cool, calm and collective, and I feel like that’s when I perform best.”

MOVING FOR SUCCESS

Jada Williams, a talented point guard for the University of Arizona has a much different story.

Her mother, Jill Mcintyre, recalls moving when she was in high school to make sure her daughter had the best opportunities possible. Williams was born and raised in a suburb just outside Kansas City, Missouri. At the time she was in high school, NIL deals were not allowed in the state.

“We made a decision as a family and had 30 days to move and kept our place in Missouri and moved to California,” Mcintyre said.

Williams became one of the first female high school basketball players to sign a national NIL deal. The deals continued rolling in for Willaims as her talent came with a shining spotlight from revered recruiters.

Williams’ move out west set her up for success. To date, she continues to rake in thousands of dollars in NIL deals from big companies like Spalding and Gym Shark.

“It was so much bigger than just her and NIL,” Mcintyre recalled. “It was just an opportunity of a lifetime to start something and be part of something bigger. Then making a good move to basketball with that choice, they just perfectly aligned, and so it was a good decision for her.”

Her high school NIL deals paved the way for deals to continue into college.

“As a family, we just prayed on it, and when I say the stars aligned, they just really aligned,” Mcintyre said. “In all areas of our life, doors just opened, in that right direction. So, we made the move.”

One common theme tying Williams and Clementi together despite living states away – is the heavy parental involvement in both of their lives which set them on a path to excel.

Williams’ family had the means to move from a state that didn’t allow NIL deals. They firmly believe her hard work in high school helped get her where she is now – and is also reflective of that move.

“It’s just the effort and the drive, the sacrifice, the unselfish things, that she’s done to be in that moment right now, whether it be now or on the court, to reap the rewards of working that hard, you know, that’s what I’m most proud of,” Mcintyre said.

For Clementi, his support structure and family help keep him grounded and able to focus on the sport he loves while looking ahead.

“So one goal I have, actually just wrote my 10-year life plan, and one goal that is on there is to be on the Greco-Roman world team in the next 10 years,” Clementi said.

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