Page:United States Statutes at Large Volume 118.djvu/1156

 118 STAT. 1126 PUBLIC LAW 108–304—SEPT. 24, 2004 (7) PROFESSIONAL SPORTS CONTRACT.—The term ‘‘profes sional sports 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. (8) STATE.—The term ‘‘State’’ includes 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. (9) STUDENT ATHLETE.—The term ‘‘student athlete’’ means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. An individual who is permanently ineligible to participate in a particular intercollegiate sport is not a student athlete for purposes of that sport. SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRAC TICES IN CONNECTION WITH THE CONTACT BETWEEN AN ATHLETE AGENT AND A STUDENT ATHLETE. (a) CONDUCT PROHIBITED.—It is unlawful for an athlete agent to— (1) directly or indirectly recruit or solicit a student athlete to enter into an agency contract, by— (A) giving any false or misleading information or making a false promise or representation; or (B) providing anything of value to a student athlete or anyone associated with the student athlete before the student athlete enters into an agency contract, including any consideration in the form of a loan, or acting in the capacity of a guarantor or co guarantor for any debt; (2) enter into an agency contract with a student athlete without providing the student athlete with the disclosure docu ment described in subsection (b); or (3) predate or postdate an agency contract. (b) REQUIRED DISCLOSURE BY ATHLETE AGENTS TO STUDENT ATHLETES.— (1) IN GENERAL.—In conjunction with the entering into of an agency contract, an athlete agent shall provide to the student athlete, or, if the student athlete is under the age of 18, to such student athlete’s parent or legal guardian, a disclosure document that meets the requirements of this sub section. Such disclosure document is separate from and in addition to any disclosure which may be required under State law. (2) SIGNATURE OF STUDENT ATHLETE.—The disclosure docu ment must be signed by the student athlete, or, if the student athlete is under the age of 18, by such student athlete’s parent or legal guardian, prior to entering into the agency contract. (3) REQUIRED LANGUAGE.—The disclosure document must contain, in close proximity to the signature of the student athlete, or, if the student athlete is under the age of 18, the signature of such student athlete’s parent or legal guardian, a conspicuous notice in boldface type stating: ‘‘Warning to Stu dent Athlete: If you agree orally or in writing to be represented by an agent now or in the future you may lose your eligibility to compete as a student athlete in your sport. Within 72 hours after entering into this contract or before the next athletic 15 USC 7802.

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