(a) An athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, shall not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:

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Terms Used In Tennessee Code 49-7-2114

  • Agency contract: means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract. See Tennessee Code 49-7-2102
  • Certified athlete agent: means an athlete agent registered under this part who is certified to be an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in that sport. See Tennessee Code 49-7-2102
  • Contract: A legal written agreement that becomes binding when signed.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Registration: means registration as an athlete agent under this part. See Tennessee Code 49-7-2102
  • solicit: means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. See Tennessee Code 49-7-2102
  • 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. See Tennessee Code 49-7-2102
  • 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. See Tennessee Code 49-7-2102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) Give any materially false or misleading information or make a materially false promise or representation;
(2) Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or
(3) Furnish anything of value to any individual other than the student athlete or another registered athlete agent.
(b) An athlete agent shall not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:

(1) Initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to enter an agency contract unless registered under this part;
(2) Fail to create or retain or to permit inspection of the records required by § 49-7-2113;
(3) Fail to register when required by § 49-7-2105;
(4) Provide materially false or misleading information in an application for registration or renewal of registration;
(5) Predate or postdate an agency contract; or
(6) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport that the signing may make the athlete ineligible to participate as a student athlete in that sport.
(c) An athlete agent shall not:

(1) Fail to provide to the secretary of state any statements, documents, records, or testimony required by the secretary of state pursuant to § 49-7- 2105 or the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(2) Fail to post the athlete agent’s certificate of registration, or legible copy of the certificate, in each office in this state from which the athlete agent conducts business as an athlete agent; or
(3) Fail to provide proof of registration to any student athlete whom the athlete agent contacts.
(d) Notwithstanding subsection (a), a certified athlete agent may pay expenses incurred before the signing of an agency contract by a student athlete, a family member of the student athlete, or an individual of a class of individuals authorized to receive the expenses by the national association that certified the agent if the expenses are:

(1) For the benefit of an athlete who is a member of a class of athletes authorized to receive the benefit by the national association that certified the agent;
(2) Of a type authorized to be paid by a certified athlete agent by the national association that certified the agent; and
(3) For a purpose authorized by the national association that certified the agent.
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