Chapter 44 - Uniform Athlete Agents Act
CHAPTER 44 - UNIFORM ATHLETE AGENTS ACT
33-44-101. Short title.
This act may be cited as the "UniformAthlete Agents Act."
33-44-102. Definitions.
(a) As used in this act:
(i) "Agency contract" means an agreement in which astudent athlete authorizes a person to negotiate or solicit on behalf of thestudent athlete a professional sports services contract or an endorsementcontract;
(ii) "Athlete agent" means an individual who entersinto an agency contract with a student athlete or, directly or indirectly,recruits or solicits a student athlete to enter into an agency contract. Theterm does not include a spouse, parent, sibling, grandparent or legal guardianof the student athlete or an individual acting solely on behalf of aprofessional sports team or professional sports organization. The term includesan individual who represents to the public that the individual is an athleteagent;
(iii) "Athletic director" means an individualresponsible for administering the overall athletic program of an educationalinstitution or, if an educational institution has separately administeredathletic programs for male students and female students, the athletic programfor males or the athletic program for females, as appropriate;
(iv) "Contact" means a communication, direct orindirect, between an athlete agent and a student athlete, to recruit or solicitthe student athlete to enter into an agency contract;
(v) "Endorsement contract" means an agreement underwhich a student athlete is employed or receives consideration to use on behalfof the other party any value that the student athlete may have because ofpublicity, reputation, following or fame obtained because of athletic abilityor performance;
(vi) "Intercollegiate sport" means a sport played atthe collegiate level for which eligibility requirements for participation by astudent athlete are established by a national association for the promotion orregulation of collegiate athletics;
(vii) "Person" means an individual, corporation,business trust, estate, trust, partnership, limited liability company,association, joint venture or government; governmental subdivision, agency orinstrumentality; public corporation; or any other legal or commercial entity;
(viii) "Professional sports services contract" means anagreement under which an individual is employed or agrees to render services asa player on a professional sports team, with a professional sportsorganization, or as a professional athlete;
(ix) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form;
(x) "State" means a state of the United States, theDistrict of Columbia, Puerto Rico, the United States Virgin Islands, or anyterritory or insular possession subject to the jurisdiction of the UnitedStates;
(xi) "Student athlete" means an individual who engagesin, is eligible to engage in, or may be eligible in the future to engage in,any intercollegiate sport. If an individual is permanently ineligible toparticipate in a particular intercollegiate sport, the individual is not astudent athlete for purposes of that sport; and
(xii) "This act" means W.S. 33-44-101 through33-44-114.
33-44-103. Service of process.
By engaging in the business of an athleteagent in this state, a nonresident individual appoints the secretary of stateas the individual's agent to accept service of process in any civil actionrelated to the individual's business as an athlete agent in this state.
33-44-104. Athlete agents; delivery of disclosure form required.
(a) Except as otherwise provided in subsection (b) of thissection, an individual may not act as an athlete agent in this state unless onthe day of initial contact with any student athlete the athlete agent deliversto the student athlete the athlete agent disclosure form as required by W.S.33-44-105.
(b) An individual may act as an athlete agent before deliveringan athlete agent disclosure form for all purposes except signing an agencycontract if:
(i) A student athlete or another acting on behalf of thestudent athlete initiates communication with the individual; and
(ii) Within seven (7) days after an initial act as an athleteagent, the individual delivers an athlete agent disclosure form to the studentathlete.
(c) An agency contract resulting from conduct in violation ofthis section is void. The athlete agent shall return any consideration receivedunder the contract.
33-44-105. Athlete agent disclosure form; requirements.
(a) The athlete agent disclosure form shall be in a recordexecuted in the name of an individual and signed by the athlete agent underpenalty of perjury and, except as otherwise provided in subsection (b) of thissection, must state or contain:
(i) The name of the athlete agent and the address of theathlete agent's principal place of business;
(ii) The name of the athlete agent's business or employer, ifapplicable;
(iii) Any business or occupation engaged in by the athlete agentfor the five (5) years next preceding the date of execution of the athleteagent disclosure form;
(iv) A description of the athlete agent's:
(A) Formal training as an athlete agent;
(B) Practical experience as an athlete agent; and
(C) Educational background relating to the athlete agent'sactivities as an athlete agent.
(v) The names and addresses of three (3) individuals notrelated to the athlete agent who are willing to serve as references;
(vi) The name, sport, and last known team for each individualfor whom the athlete agent provided services as an athlete agent during thefive (5) years next preceding the date of execution of the athlete agentdisclosure form;
(vii) The names and addresses of all persons who are:
(A) With respect to the athlete agent's business if it is not acorporation, the partners, officers, associates or profit-sharers; and
(B) With respect to a corporation employing the athlete agent,the officers, directors and any shareholder of the corporation with a fivepercent (5%) or greater interest.
(viii) Whether the athlete agent or any other person namedpursuant to paragraph (vii) of this subsection has been convicted of a crimethat, if committed in this state, would be a felony or other crime involvingmoral turpitude, and identify the crime;
(ix) Whether there has been any administrative or judicialdetermination that the athlete agent or any other person named pursuant toparagraph (vii) of this subsection has made a false, misleading, deceptive orfraudulent representation;
(x) Any instance in which the conduct of the athlete agent orany other person named pursuant to paragraph (vii) of this subsection resultedin the imposition of a sanction, suspension or declaration of ineligibility toparticipate in an interscholastic or intercollegiate athletic event on astudent athlete or educational institution;
(xi) Any sanction, suspension or disciplinary action takenagainst the athlete agent or any other person named pursuant to paragraph (vii)of this subsection arising out of occupational or professional conduct; and
(xii) Whether there has been any denial of an application for,suspension or revocation of, or refusal to renew, the registration or licensureof the athlete agent or any other person named pursuant to paragraph (vii) ofthis subsection as an athlete agent in any state.
(b) An individual who has submitted an application for, andreceived a certificate of or a renewal of a certificate of, registration orlicensure as an athlete agent in another state may submit a copy of theapplication and a valid certificate of registration or licensure from the otherstate in lieu of submitting an athlete agent disclosure form in the formprescribed pursuant to subsection (a) of this section, but only if theapplication to the other state:
(i) Was submitted in the other state within the six (6) monthsnext preceding the date of delivery of the athlete agent disclosure form inthis state and the athlete agent certifies the information contained in theapplication is current;
(ii) Contains information substantially similar to or morecomprehensive than that required in an athlete agent disclosure form undersubsection (a) of this section; and
(iii) Was signed by the athlete agent under penalty of perjury.
33-44-106. Disqualifications.
(a) No person may engage in the business of an athlete agentwho has:
(i) Been convicted of a crime that, if committed in this state,would be a felony or other crime involving moral turpitude;
(ii) Made a materially false, misleading, deceptive orfraudulent representation as an athlete agent or in the application forlicensure or registration as an athlete agent in another state;
(iii) Engaged in conduct prohibited by W.S. 33-44-111;
(iv) Had a registration or licensure as an athlete agentsuspended, revoked or denied or been refused renewal of registration orlicensure in any state; or
(v) Engaged in conduct or failed to engage in conduct theconsequence of which was that a sanction, suspension or declaration ofineligibility to participate in an interscholastic or intercollegiate athleticevent was imposed on a student athlete or educational institution.
33-44-107. Form of contract.
(a) An agency contract shall be in a record signed by theparties.
(b) An agency contract shall state or contain:
(i) The amount and method of calculating the consideration tobe paid by the student athlete for services to be provided by the athlete agentunder the contract and any other consideration the athlete agent has receivedor will receive from any other source for entering into the contract or forproviding the services;
(ii) The name of any person other than the athlete agent whowill be compensated because the student athlete signed the agency contract;
(iii) A description of any expenses that the student athleteagrees to reimburse;
(iv) A description of the services to be provided to the studentathlete;
(v) The duration of the contract; and
(vi) The date of execution.
(c) An agency contract must contain, in close proximity to thesignature of the student athlete, a conspicuous notice in boldface type incapital letters stating:
WARNINGTO STUDENT ATHLETE
IFYOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) BOTH YOU AND YOUR ATHLETE AGENT ARE REQUIRED TO TELL YOUR ATHLETIC DIRECTOR, IFYOU HAVE AN ATHLETIC DIRECTOR, AT LEAST SEVENTY-TWO (72) HOURS PRIOR TOENTERING INTO AN AGENCY CONTRACT AND AGAIN WITHIN SEVENTY-TWO (72) HOURS AFTERENTERING INTO AN AGENCY CONTRACT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN (14) DAYS AFTER SIGNING IT.CANCELLATION OF THE CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
(d) A copy of the athlete agent disclosure form delivered tothe student athlete shall be attached to the agency contract.
(e) An agency contract that does not conform to this section isvoidable by the student athlete.
(f) The athlete agent shall give a copy of the signed agencycontract to the student athlete at the time of signing.
33-44-108. Notice to educational institution.
(a) At least seventy-two (72) hours prior to entering into anagency contract, the athlete agent shall give notice in a record of theexistence of the contract and shall provide a copy of the athlete agentdisclosure form to the athletic director of the educational institution atwhich the student athlete is enrolled or the athlete agent has reasonablegrounds to believe the student athlete intends to enroll.
(b) Within seventy-two (72) hours after entering into an agencycontract or before the next scheduled athletic event in which the studentathlete may participate, whichever occurs first, the athlete agent shall givenotice in a record of the existence of the contract and shall provide a copy ofthe athlete agent disclosure form to the athletic director of the educationalinstitution at which the student athlete is enrolled or the athlete agent hasreasonable grounds to believe the student athlete intends to enroll.
(c) At least seventy-two (72) hours prior to entering into anagency contract, the student athlete shall give notice in a record of theexistence of the contract and shall provide a copy of the athlete agentdisclosure form to the athletic director of the educational institution atwhich the student athlete is enrolled.
(d) Within seventy-two (72) hours after entering into an agencycontract or before the next athletic event in which the student athlete mayparticipate, whichever occurs first, the student athlete shall inform theathletic director of the educational institution at which the student athleteis enrolled that he has entered into an agency contract and shall provide acopy of the athlete agent disclosure form.
33-44-109. Student athlete's right to cancel.
(a) A student athlete may cancel an agency contract by givingnotice in a record to the athlete agent of the cancellation within fourteen(14) days after the contract is signed.
(b) A student athlete may not waive the right to cancel anagency contract.
(c) If a student athlete cancels an agency contract, thestudent athlete is not required to pay any consideration under the contract orto return any consideration received from the agent to induce the studentathlete to enter into the contract.
33-44-110. Required records; retention.
(a) An athlete agent shall retain the following records for aperiod of five (5) years:
(i) The name and address of each individual represented by theathlete agent;
(ii) Any agency contract entered into by the athlete agent; and
(iii) Any direct costs incurred by the athlete agent in therecruitment or solicitation of a student athlete.
(b) Records required by subsection (a) of this section to beretained are subject to subpoena in a judicial proceeding.
33-44-111. Prohibited acts.
(a) An athlete agent may not do any of the following with theintent to induce a student athlete to enter into an agency contract:
(i) Give any materially false or misleading information or makea materially false promise or representation;
(ii) Furnish anything of value to a student athlete before thestudent athlete enters into the agency contract; or
(iii) Furnish anything of value to any individual other than thestudent athlete or another registered athlete agent.
(b) An athlete agent may not intentionally:
(i) Initiate contact with a student athlete unless providingthe student athlete with the athlete agent disclosure form as provided in W.S.33-44-104;
(ii) Refuse or willfully fail to retain or produce in responseto subpoena the records required by W.S. 33-44-110;
(iii) Fail to disclose information required by W.S. 33-44-105;
(iv) Provide materially false or misleading information in anathlete agent disclosure form;
(v) Predate or postdate an agency contract;
(vi) Fail to notify a student athlete prior to the studentathlete's signing an agency contract for a particular sport that the signing bythe student athlete may make the student athlete ineligible to participate as astudent athlete in that sport;
(vii) Ask or allow a student athlete to waive or attempt to waiverights under this act;
(viii) Fail to give notice required under W.S. 33-44-108; or
(ix) Engage in the business of an athlete agent in this state:
(A) At any time after conviction under W.S. 33-44-112; or
(B) Within five (5) years of entry of a civil judgment underW.S. 33-44-113.
33-44-112. Criminal and civil penalties.
The commission of any act prohibited byW.S. 33-44-111 by an athlete agent is a felony punishable by imprisonment ofnot less than one (1) year, a fine of not more than ten thousand dollars($10,000.00), or both. In addition to any criminal penalties, the court mayassess a civil penalty of up to ten thousand dollars ($10,000.00) for aviolation of W.S. 33-44-111. Any penalty collected under the provisions ofthis section shall be deposited in the public school fund of the appropriatecounty as required by article 7, section 5 of the Wyoming constitution.
33-44-113. Civil remedies.
(a) An educational institution has a right of action against anathlete agent or a former student athlete for damages caused by a violation ofthis act. In an action under this section, the court may award to theprevailing party costs and reasonable attorneys' fees.
(b) Damages of an educational institution under subsection (a)of this section include losses and expenses incurred because, as a result ofthe activities of an athlete agent or former student athlete, the educationalinstitution was injured by a violation of this act or was penalized,disqualified or suspended from participation in athletics by a nationalassociation for the promotion and regulation of athletics, by an athleticconference or by reasonable self-imposed disciplinary action taken to mitigatesanctions.
(c) A right of action under this section does not accrue untilthe educational institution discovers or by the exercise of reasonablediligence would have discovered the violation by the athlete agent or formerstudent athlete.
(d) Any liability of the athlete agent or the former studentathlete under this section is several and not joint.
(e) This act does not restrict rights, remedies or defenses ofany person under law or equity.
33-44-114. Application; construction.
In applying and construing this uniformact, consideration shall be given to the need to promote uniformity of the lawwith respect to its subject matter of this act among states that enact it.