Compliance Information Regarding Agents
Before an agent may contact any current or former Utah State student-athlete who has athletic eligibility remaining, the agent must register with the Athletics Compliance Office and receive permission to contact a particular student-athlete. To register, please complete this Agent Registration Form.
An individual shall be ineligible for participation in an intercollegiate sport if he or she ever agrees (orally or in writing) to be represented by an agent for the purposes of marketing his or her athletic ability or reputation in that sport. Further, an agent contract not specifically limited in writing to a sport or particular sports shall be deemed applicable to all sports, and the individual shall be ineligible to participate in any sports.
Benefits from Prospective Agents
An individual shall be ineligible if he or she (or relatives or friends) accepts transportation or other benefits from any person who wishes to represent the individual in the marketing of his or her athletics ability, or an agent, even if the agent has indicated that he or she has no interest in representing the student-athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the student-athlete's sport. The receipt of such expenses constitutes compensation based on athletics skills and is an extra benefit not available to the student body in general. These rules also apply to parents/guardians of a student-athlete. Additionally, these rules also apply to representatives of agents such as "runners" or even former USU student-athletes who are helping to make contacts with current student-athletes on behalf of an agent.
Representation for Future Negotiations
An individual shall be ineligible if he or she enters into a verbal or written agreement with an agent for representation in the future professional sports negotiations that are to take place after the individual has completed his or her eligibility in that sport.
Utah law (Utah Code Annotated 15-9-101 et. seq.) requires that agents register with the State. To register, the agent must submit the following information, which may be viewed upon the request of a student athlete:
• name of agent and address of the agent's principal place of business;
• the name of the applicant's business or employer, if applicable;
• any business or occupation engaged in by the agent for the five years immediately preceding the date of submission of the application;
• a description of the agent's formal training as an athlete agent, practical experience as an athlete agent; and educational background relating to the agent's activities as an athlete agent;
• the names and addresses of three individuals not related to the agent who are willing to serve as references;
• the name, sport, and last-known team for each individual for whom the agent acted as an athlete agent during the five years next preceding the date of submission of the application;
• whether the agent has been convicted of a crime involving moral turpitude or a felony, and identify the crime;
• any instance in which the conduct of the agent resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution;
• any sanction, suspension, or disciplinary action taken against the agent arising out of occupational or professional conduct; and
• whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the agent in any state.
Securing advice from a lawyer concerning a proposed professional sports contract shall not be considered contracting for representation by an agent unless the lawyer also represents the student-athlete in negotiations for such a contract.
Presence of a Lawyer at Negotiations
A lawyer may not be present during discussions of contract offer with a professional organization or have any direct contact (i.e. in person by telephone or mail) with a professional sports organization on behalf of the student-athlete. A lawyer's presence during such discussions is considered representation by an agent.
If you decide to enter into a contract with an agent, it must contain:
• The amount of money you will pay the agent under the contract;
• Anything the agent will receive from someone else because you entered into the contract;
• A description of any expenses you will reimburse the agent;
• A description of what services the agent will provide you;
• The date you entered into the contract;
• How long the contract will last; and
• Once signed the agent must give you a copy of the contract.
Warning: the contract must include a warning to the student-athlete stating;
If you sign this contract:
• You may lose your eligibility to compete as a student-athlete in your sport
• If you have an athletic director, both you and the athlete agent must notify your athletic director within 72 hours after entering into this contract; and
• You may cancel the contract within 14 days after signing it. ** Cancellation of the contract may not reinstate your eligibility.**
An agent CANNOT contact an athlete until they are registered with the USU Athletics Compliance Office and with the State of Utah. An agent CANNOT give anything of value before a contract is signed. They CANNOT pre-date or postdate a contract, and they CANNOT mislead or make any false promises.
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