N.Y. General Business Law 899-C – Athlete agents; registration required; void contracts
§ 899-c. Athlete agents; registration required; void contracts. 1. Except as otherwise provided in subdivision two of this section, an individual shall not act as an athlete agent in this state without holding a certificate of registration issued pursuant to section eight hundred ninety-nine-e of this article.
Terms Used In N.Y. General Business Law 899-C
- 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. See N.Y. General Business Law 899-A
- 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. See N.Y. General Business Law 899-A
- Contract: A legal written agreement that becomes binding when signed.
- 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. See N.Y. General Business Law 899-A
- Registration: means registration as an athlete agent pursuant to this article. See N.Y. General Business Law 899-A
- 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 N.Y. General Business Law 899-A
- 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. See N.Y. General Business Law 899-A
2. Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:
(a) a student-athlete or another person acting on behalf of the student-athlete initiates communication with such individual; and
(b) within seven days after an initial act as an athlete agent, such individual submits an application for registration as an athlete agent in this state.
3. An agency contract resulting from conduct in violation of this section shall be void. In the event a student-athlete voids an agency contract, the student-athlete shall not be required to pay any consideration under such contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract, and the athlete agent shall be required to return any consideration received pursuant to such voided agency contract.
4. An agency contract shall be void and unenforceable unless it is in writing.