In this subchapter: (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) (a) “Athlete agent” means an individual, whether or not registered under this subchapter, who does any of the following: 1. Directly or indirectly recruits or solicits or, 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. 2. For compensation or in anticipation of compensation in connection with a student athlete’s participation in athletics, does any of the following: a. Serves the student 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 educational institution for the benefit of the educational institution. b. Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes. 3. In anticipation of representing a student athlete for a purpose related to the student athlete’s participation in athletics, does any of the following: a. Gives consideration to the student athlete or another person. b. Serves the student athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions. c. Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes. (b) “Athlete agent” does not include the following: 1. An individual who acts solely on behalf of a professional sports team or organization. 2. An individual who 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 does any of the following: a. Recruits or solicits. b. For compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the student athlete as a professional athlete or member of a professional sports team or organization. c. Receives consideration for providing the services, and the consideration is calculated using a different method than for an individual who is not a student athlete. (3) “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. (4r) “Educational institution” includes all of the following, whether public or private: (a) An elementary school. (b) A secondary school. (c) A technical or vocational school. (d) A community college. (e) A college. (f) A university. (5) “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. (5d) “Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning. (6) “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 that promotes or regulates collegiate athletics. (6c) “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities. (6r) “Licensed, registered, or certified professional” means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or other member of a profession, other than that of athlete agent, who is licensed, registered, or certified by this state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing. (7) “Professional-sports-services contract” means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization. (8) “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. (8c) “Recruit or solicit” means attempt to influence the choice of an athlete agent or the choice to enter into an agency contract or both by a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete. The term does not include giving advice with respect to the selection of a particular athlete agent or with respect to entering into an agency contract if the advice is given 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 an athlete agent. (9) “Registration” means registration as an athlete agent under this subchapter. (9m) “Sign” means any of the following, with present intent to authenticate or adopt a record: (a) To execute or adopt a tangible symbol. (b) To attach to or logically associate with the record an electronic symbol, sound, or process. (10) “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. (11) “Student athlete” means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. If an individual is permanently ineligible to participate in a particular interscholastic or intercollegiate sport, the individual is not a student athlete for purposes of that sport.
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