Why States Should Adopt the...
An athlete agent’s recruitment of a student athlete while he or she is still enrolled in an educational institution may cause substantial eligibility or other problems for both the student and the school. This is especially a concern when a student athlete is not aware of the implications of signing an agency agreement or when agency is established without notice to the school.
The Uniform Athlete Agents Act (UAAA) protects the interests of student athletes and academic institutions by regulating the activities of athlete agents. To that end, the new act provides the following:
Registration. One must obtain a certificate of registration from the State in order to act as an athlete agent.
Reciprocity of registration. An athlete agent who has a valid certificate of registration in one state may cross-file that application (or its renewal) in all other states that have adopted the act.
Notice to the educational institution. To help protect the student athlete’s eligibility, notice of an agency contract must be given to the educational institution.
Voidable agency contract. In a further effort to protect the student athlete’s eligibility, the student athlete has the right to cancel an agency contract without penalty within 14 days after the contract is signed.
Notice required in agency contract. An agency contract must contain a conspicuous notice informing the student athlete of the possibility of losing his or her eligibility, the requirement to give notice of the contract to the educational institution, and the student athlete’s right to cancel the contract.
Regulations on athlete agent’s conduct. The act regulates an athlete agent’s conduct, including prohibiting the agent from initiating contact with a student athlete or predating or postdating a contract.
Penalties and remedies. The act establishes civil and criminal penalties for violations of the act. In addition, an educational institution has a civil remedy when it is damaged by prohibited conduct of an athlete agent or student athlete.
The Uniform Athlete Agents Act provides extremely important protections for student-athletes and the educational institutions where they compete, creates a uniform body of agent registration information for use by state agencies, simplifies the regulatory environment faced by legitimate sports agents, and provides public and private recourse against unscrupulous actors. The UAAA facilitates the ability of all jurisdictions to obtain dependable, uniform information on an agent’s professional conduct in other states. With near-nationwide adoption (42 jurisdictions), the act and its procedures are effective and familiar for both regulators and the regulated community, and have become part of the core foundation for agent regulation and agent-athlete interaction throughout the country.