Choice of Law
Also known as: Governing Law
In plain English
Choice of law is the clause that decides which state's laws will be used to interpret and enforce the contract.
Full definition
A choice-of-law clause designates which state's or country's laws govern interpretation and enforcement of the contract. In NIL deals, this is rarely the athlete's home state — brands typically pick their state of incorporation (Delaware, New York, California) or a forum convenient to their legal team. Choice of law matters because right-of-publicity rules, consumer-protection laws, and morality-clause enforceability vary by state. It is paired with a venue clause (where lawsuits must be filed) and sometimes a jury-waiver clause. Athletes should know what they are agreeing to: California has strong post-mortem right-of-publicity protections; Texas does not. Florida and Tennessee have NIL-specific statutes that may offer better athlete protections than the brand's chosen law. Push for athlete's home-state law where possible.
What it looks like in a contract
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles, and the parties consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware for any action arising hereunder.
Synthesised from common contract patterns. Not lifted from any specific real contract.
How RevU helps
RevU's NIL contract analyzer detects choice of law provisions automatically — flagging the exact triggering language, scoring athlete-vs-brand friendliness, and surfacing negotiation leverage where it exists. See How RevU flags adverse choice-of-law for the full product context.
Check your contract freeRelated terms
Arbitration Clause
An arbitration clause requires disputes to be settled by a private arbitrator instead of in court.
Governing Law
Governing law is the specific law (usually a state's) that will be used to interpret the contract — paired with choice of law and venue.
Right of Publicity
The right of publicity is your legal control over how anyone else uses your name, image, or likeness for commercial purposes.
Severability
Severability is the rule that if one part of the contract is found illegal or unenforceable, the rest of the contract still applies.