These Terms of Service (“Terms”) are an agreement between you and First String (“First String,” “we,” “us”), a student-athlete branding and marketing company [insert full legal entity name once formed]. They govern your use of the First String website and member portal (together, the “Service”). By using the Service — or by clicking to accept when you sign in — you agree to these Terms. If you don't agree, don't use the Service.
This is the most important section. Please read it.
First String is a student-athlete branding and marketing company. We create branding materials (such as brand audits, media kits, and growth plans), provide educational resources, and make warm introductions to brand-side contacts.
First String is not an athlete agent, sports agent, or talent agency, and does not provide representation. Nothing in these Terms, and nothing we do, creates an agency, representation, employment, partnership, or fiduciary relationship between you and First String. Specifically, First String does not:
Every NIL or brand agreement is solely between you and the brand. You decide whether to pursue it, accept it, and how to carry it out.
From time to time we may list opportunities that brands have told us about. A listing is a convenience for you to consider — it is not an endorsement of the brand, and it is not a promise that any opportunity is available, suitable, or will lead to anything.
Claiming an opportunity is a commitment. If you claim an offer and receive the brand's product or payment but don't deliver the agreed post by the deadline:
First String issues strikes at its reasonable discretion, and won't penalize you when the product never arrived, arrived damaged, or the brand changed the deal — the required call is your chance to explain before a strike stands.
The Ledger and any compliance or tax information we provide are record-keeping and educational tools only. They are not legal, tax, financial, or immigration advice, and they are general rules of thumb, not a determination of your personal situation.
You are responsible for complying with the NIL rules of your school, your conference, and your state, and with disclosure requirements (such as the FTC's rules for labeling paid or sponsored posts). We strongly encourage you to consult your school's compliance office and your own legal, tax, and financial advisors before entering any NIL agreement. International students should confirm their visa status permits any activity before taking part.
First String does not guarantee any specific result. We do not promise that you will receive any deal, any amount of income, any product, any number of followers, or any particular outcome. What we provide is work product and introductions; what you do with them, and what any brand decides, is outside our control.
If you engage First String for paid services, the fee and payment terms are those disclosed to you and set out in your separate services agreement. Nothing on this website is an offer of any specific price. This section does not change the fee arrangement in your services agreement.
When using the Service, you agree not to: misuse or interfere with it; attempt to access accounts or data that aren't yours; scrape, copy, or resell it; upload anything unlawful, infringing, or harmful; or use it to break any NIL, school, or legal rule. We may suspend or remove access that violates these Terms.
You can stop using the Service at any time and ask us to close your account. We may suspend or end access if you break these Terms, if required by law, or if we stop offering the Service. Sections that by their nature should survive (including 3, 5, 6, 8, 11, and 12) will survive.
The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, to the fullest extent permitted by law. First String is not responsible for the acts, omissions, products, payments, or agreements of any brand or third party.
To the fullest extent permitted by law, First String and its owners and staff will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, deals, or opportunities. First String's total liability for any claim relating to the Service or these Terms will not exceed the amount you paid First String for services in the twelve months before the claim (or, if you paid nothing, [$100]).
You agree to indemnify and hold First String harmless from claims, losses, and expenses arising out of your use of the Service, your content, your agreements with brands, or your violation of these Terms or of any NIL, school, or legal rule — except to the extent caused by First String's own misconduct.
These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in [county/state], and you and First String consent to that jurisdiction.
We may update these Terms. If we make a material change, we'll update the version and effective date above and, for members, ask you to review and accept the updated Terms the next time you sign in. Continuing to use the Service after an update means you accept the updated Terms.
Questions about these Terms: jgreenberg@firststringclub.com.