FAQ - Athlete Agent

How does one become registered as an Athlete Agent?

Who is excluded from this law?

What are the fees, terms of registration?

What forms of payment does the Department of State accept?

Is there a surety bond requirement?

Is there any type of reciprocity between states?

What is the renewal fee, and how do I renew my registration?

What is a Student-Athlete?

What is an Agency Contract?

What specifically must be on the agency contract?

Is there any requirement that the contract include a warning that the student-athlete may lose their eligibility?

Are there any records an Athlete Agent needs to maintain, and if yes, how long must they be maintained?


How does one become registered as an Athlete Agent?

Submit a completed application and the required fee to the Department of State.

Who is excluded from this law?

Explicitly excluded from registration are spouses, parents, siblings, grandparents or guardians of the student-athlete, or individuals acting solely on behalf of a professional sports team or professional sports organization.

What are the fees, terms of registration?

What forms of payment does the Department of State accept?

You may pay by check or money order made payable to the Department of State or by MasterCard or Visa using a credit card authorization form. DO NOT SEND CASH. Application fees are nonrefundable. A $20 fee will be charged for any check returned by your bank.

Is there a surety bond requirement?

No.

Is there any type of reciprocity between states?

No. Each state requires separate applications, however, read Section 899-d(2) of the Uniform Athlete Agents Law.

What is the renewal fee, and how do I renew my registration?

The renewal application is posted to the Athlete Agent approximately three months prior to the expiration of his or her registration. The application must be completed and submitted with a $50 fee to the Department of State, Division of Licensing Services. Instructions for proper submission are included with the renewal application. The term of registration is 2 years.

What is a Student-Athlete?

This is an individual who engages in, is eligible to engage in, may be eligible in the future to engage in, or was eligible in the past 30 days to engage in any intercollegiate or interscholastic sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, such individual will not be considered a student-athlete 30 days after losing his or her eligibility for purposes of that sport.

What is an Agency Contract?

This is 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.

What specifically must be on the agency contract?

Please refer to the General Business Law, §899-h Required Form of Contract for specifics.

Is there any requirement that the contract include a warning that the student-athlete may lose their eligibility?

Yes. The agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:

WARNING TO STUDENT-ATHLETE:  IF YOU SIGN THIS CONTRACT:

(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 5 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

An agency contract that does not conform to this section is voidable by the student-athlete. If a student-athlete voids an agency contract, the student-athlete shall not be required to pay any consideration under such contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.

Are there any records an Athlete Agent needs to maintain, and if yes, how long must they be maintained?

Yes.

An Athlete Agent must retain the following records for a period of 5 years:

(a) the name and address of each individual represented by the Athlete Agent;

(b) any agency contract entered into by the Athlete Agent; and

(c) any direct costs incurred by the Athlete Agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.

These records must be open to inspection by the Secretary of State during normal business hours.