440.994(2)
(2) An agency contract must state or contain all of the following:
440.994(2)(a)
(a) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration that the athlete agent has received or will receive from any other source for entering into the contract or for providing the services.
440.994(2)(b)
(b) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract.
440.994(2)(c)
(c) A description of any expenses that the student athlete agrees to reimburse.
440.994(2)(d)
(d) A description of the services to be provided to the student athlete.
440.994(3)
(3) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type and capital letters stating the following:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU MAY PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
440.994(4)
(4) An agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
440.994(5)
(5) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.
440.994 History
History: 2003 a. 150,
326.
440.994 Cross-reference
Cross-reference: See also ch.
SPS 153, Wis. adm. code.
440.9945
440.9945
Notice to educational institution. 440.9945(1)
(1) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.
440.9945(2)
(2) Within 72 hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract.
440.9945 History
History: 2003 a. 150.
440.995
440.995
Student athlete's right to cancel. 440.995(1)
(1) A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed.
440.995(2)
(2) A student athlete may not waive the right to cancel an agency contract.
440.995(3)
(3) If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
440.995 History
History: 2003 a. 150.
440.995 Cross-reference
Cross-reference: See also ch.
SPS 153, Wis. adm. code.
440.9955(1)(1) An athlete agent shall retain all of the following records for a period of 5 years:
440.9955(1)(a)
(a) The name and address of each individual represented by the athlete agent.
440.9955(1)(b)
(b) Any agency contract entered into by the athlete agent.
440.9955(1)(c)
(c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.
440.9955(2)
(2) Records required by
sub. (1) to be retained are open to inspection by the department during normal business hours. Upon demand, an athlete agent shall provide a copy of such a record to the department.
440.9955 History
History: 2003 a. 150.
440.9955 Cross-reference
Cross-reference: See also ch.
SPS 153, Wis. adm. code.
440.996
440.996
Prohibited conduct. 440.996(1)
(1) An athlete agent, with the intent to induce a student athlete to enter into an agency contract, may not do any of the following:
440.996(1)(a)
(a) Give any materially false or misleading information or make a materially false promise or representation.
440.996(1)(b)
(b) Furnish anything of value to a student athlete before the student athlete enters into the agency contract.
440.996(1)(c)
(c) Furnish anything of value to any individual other than the student athlete or another registered athlete agent.
440.996(2)
(2) An athlete agent may not intentionally do any of the following:
440.996(2)(a)
(a) Initiate contact with a student athlete unless registered under this subchapter.
440.996(2)(b)
(b) Refuse or fail to retain or permit inspection of the records required to be retained by
s. 440.9955.
440.996(2)(d)
(d) Provide materially false or misleading information in an application for registration or renewal of registration.
440.996(2)(g)
(g) Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.
440.996 History
History: 2003 a. 150.
440.996 Cross-reference
Cross-reference: See also chs.
SPS 153 and
154, Wis. adm. code.
440.9965
440.9965
Criminal penalties. An athlete agent who violates
s. 440.996 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
440.9965 History
History: 2003 a. 150.
440.997(1)(1) An educational institution may bring an action against an athlete agent for damages caused by a violation of this subchapter. In an action under this subsection, the court may award to the prevailing party costs and, notwithstanding
s. 814.04, reasonable attorney fees.
440.997(2)
(2) Damages of an educational institution under
sub. (1) include losses and expenses incurred because, as a result of the conduct of an athlete agent, the educational institution was injured by a violation of this subchapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
440.997(3)
(3) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent.
440.997(5)
(5) This subchapter does not restrict rights, remedies, or defenses of any person under law or equity.
440.997 History
History: 2003 a. 150.
440.9975
440.9975
Administrative forfeiture. The department may directly assess a forfeiture against an athlete agent of not more than $25,000 for a violation of this subchapter.
440.9975 History
History: 2003 a. 150.
440.998
440.998
Uniformity of application and construction. In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact the Uniform Athlete Agents Act.
440.998 History
History: 2003 a. 150.
440.9985
440.9985
Electronic Signatures in Global and National Commerce Act. The provisions of this subchapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of section 102 of the federal Electronic Signatures in Global and National Commerce Act,
15 USC 7002, and supersede, modify, and limit the federal Electronic Signatures in Global and National Commerce Act,
15 USC 7001 to
7031.
440.9985 History
History: 2003 a. 150.
440.999
440.999
Rules. The department shall promulgate rules that define unprofessional conduct for purposes of
s. 440.992 (2) (c).
440.999 History
History: 2003 a. 150.
440.999 Cross-reference
Cross-reference: See also chs.
SPS 150,
151,
152,
153, and
154, Wis. adm. code.
