The following definitions apply throughout
this article:
(1)"Agency contract" means an agreement in which a student
athlete authorizes a person to negotiate or solicit on behalf of the
student athlete a professional sports services contract or an
endorsement contract.
(2)"Applicant" means an individual who applies for a certificate
of registration as an athlete agent under this article.
(3)"Athlete agent" means an individual, whether registered under
this article or not, who:
(A)directly or indirectly, recruits or solicits a student athlete to
enter into an agency contract for compensation, procures
employment, or offers, promises, attempts, or negotiates to
obtain employment for a student athlete as a professional
athlete or member of a professional sports team or organization;
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The following definitions apply throughout
this article:
(1) "Agency contract" means an agreement in which a student
athlete authorizes a person to negotiate or solicit on behalf of the
student athlete a professional sports services contract or an
endorsement contract.
(2) "Applicant" means an individual who applies for a certificate
of registration as an athlete agent under this article.
(3) "Athlete agent" means an individual, whether registered under
this article or not, who:
(A) directly or indirectly, recruits or solicits a student athlete to
enter into an agency contract for compensation, procures
employment, or offers, promises, attempts, or negotiates to
obtain employment for a student athlete as a professional
athlete or member of a professional sports team or organization;
(B) for compensation or in anticipation of compensation related
to a student athlete's participation in athletics:
(i) serves the athlete in an advisory capacity on a matter
related to finances, business pursuits, or career management
decisions, unless the individual is an employee of an
educational institution acting exclusively as an employee of
the institution for the benefit of the institution; or
(ii) manages the business affairs of the athlete by providing
assistance with bills, payments, contracts, or taxes; or
(C) in anticipation of representing a student athlete for a
purpose related to the athlete's participation in athletics:
(i) gives consideration to the student athlete or another
person;
(ii) serves the athlete in an advisory capacity on a matter
related to finances, business pursuits, or career management
decisions; or
(iii) manages the business affairs of the athlete by providing
assistance with bills, payments, contracts, or taxes.
The term does not include an individual who acts solely on behalf
of a professional sports team or organization, or is a licensed,
registered, or certified professional and offers or provides services
to a student athlete customarily provided by members of the
profession unless the individual also recruits or solicits the athlete
to enter into an agency contract, procures employment, or offers,
promises, attempts, or negotiates to obtain employment for the
athlete, for compensation, as a professional athlete or member of
a professional sports team or organization, or receives
consideration for providing the services calculated using a
different method than for an individual who is not a student
athlete.
(4) "Athletic director" means an individual responsible for
administering the overall athletic program of an educational
institution or, if an educational institution has separately
administered athletic programs for male students and female
students, the athletic program for males or the athletic program
for females, as appropriate.
(5) "Contact" means a communication, direct or indirect, between
an athlete agent and a student athlete, to recruit or solicit the
student athlete to enter into an agency contract.
(6) "Educational institution" includes a public or private
elementary school, secondary school, technical or vocational
school, community college, college, and university.
(7) "Endorsement contract" means an agreement under which a
student athlete is employed or receives consideration to use on
behalf of the other party any value that the student athlete may
have because of publicity, reputation, following, or fame obtained
because of athletic ability or performance.
(8) "Enrolled" means registered for courses and attending athletic
practice or class.
(9) "Intercollegiate sport" means a sport played at the collegiate
level for which eligibility requirements for participation by a
student athlete are established by a national association for the
promotion or regulation of collegiate athletics.
(10) "Interscholastic sport" means a sport played between
educational institutions that are not community colleges, colleges,
or universities.
(11) "Licensed, registered, or certified professional" means an
individual licensed, registered, or certified as:
(A) an attorney;
(B) a dealer in securities;
(C) a financial planner;
(D) an insurance agent;
(E) a real estate broker or sales agent;
(F) a tax consultant or accountant; or
(G) a member of a profession other than that of athlete agent
who is licensed, registered, or certified by the state or a
nationally recognized organization that licenses, registers, or
certifies members of the professional on the basis of
experience, education, or testing.
(12) "Person" means an individual, a corporation, a business trust,
an estate, a trust, a partnership, a limited liability company, an
association, a joint venture, a government, a governmental
subdivision, an agency, or an instrumentality, a public
corporation, or any other legal or commercial entity.
(13) "Professional sports services contract" means an agreement
under which an individual is employed, or agrees to render
services, as a player on a professional sports team, with a
professional sports organization, or as a professional athlete.
(14) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(15) "Recruit or solicit" means to attempt to influence the choice
of an athlete agent by a student athlete or, if the athlete is a minor,
a parent or guardian of the athlete. The term does not include
giving advice about the selection of a particular agent in a family,
coaching, or social situation unless the individual giving the
advice does so because of the receipt or anticipated receipt of an
economic benefit, directly or indirectly, from the agent.
(16) "Registration" means registration as an athlete agent under
this article.
(17) "Sign" means, with present intent to authenticate or adopt a
record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an
electronic symbol, sound, or process.
(18) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
(19) "Student athlete" means an individual who engages in, is
eligible to engage in, or may be eligible in the future to engage in
any interscholastic sport or intercollegiate sport. If an individual
is permanently ineligible to participate in a particular
interscholastic sport or intercollegiate sport, the individual is not
a student athlete for purposes of that sport.