2013 New York Consolidated Laws
GBS - General Business
Article 39-E - (899 - 899-P) UNIFORM ATHLETE AGENTS ACT
899-A - Definitions.


NY Gen Bus L § 899-A (2012) What's This?
 
    §  899-a.  Definitions.  As  used  in this article the following terms
  shall have the following meanings:
    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.  "Athlete  agent"  means  an  individual  who enters into an agency
  contract with a student-athlete or, directly or indirectly, recruits  or
  solicits  a  student-athlete to enter into an agency contract. Such term
  includes an individual who represents to the public that the  individual
  is  an  athlete  agent.  This  term  shall not include a spouse, parent,
  sibling,  grandparent  or  guardian  of  the  student-athlete,   or   an
  individual  acting  solely  on  behalf  of a professional sports team or
  professional sports organization.
    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.
    4. "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.
    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.
    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 which promotes
  or regulates such sport and is recognized by the educational institution
  that said student-athlete attends.
    7.  "Person" means an individual, corporation, business trust, estate,
  trust,  partnership,  limited  liability  company,  association,   joint
  venture,  government, governmental subdivision, agency, instrumentality,
  public corporation, or any other legal or commercial entity.
    8. "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.
    9.  "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.
    10. "Registration" means registration as an athlete agent pursuant  to
  this article.
    11.  "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.
    12. "Student-athlete" means 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   thirty  days  to  engage  in  any  intercollegiate  or
  interscholastic sport. If an individual  is  permanently  ineligible  to
  participate in a particular intercollegiate sport, such individual shall
  not  be considered a student-athlete thirty days after losing his or her
  eligibility for purposes of that sport.

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