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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>61060</law_id><section_number>54.1-526</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>22.1-212.2:4</reference><reference>23.1-408.1</reference><reference>59.1-200</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="54.1">Professions and Occupations</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department</unit><unit label="chapter" level="3" order_by="1" identifier="5.2">Athlete Agents</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Agency contract</span>&#x201D; means an agreement in which a <span class="dictionary">student-athlete</span> authorizes a <span class="dictionary">person</span> to negotiate or solicit on behalf of the <span class="dictionary">student-athlete</span> a <span class="dictionary">professional sports services contract</span> or <span class="dictionary">endorsement contract</span>.
		&#x201C;<span class="dictionary">Athlete agent</span>&#x201D; means an individual, whether or not registered under this chapter, who (i) directly or indirectly recruits or solicits a <span class="dictionary">student-athlete</span> to enter into an <span class="dictionary">agency contract</span> or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a <span class="dictionary">student-athlete</span> as a professional athlete or member of a professional sports team or organization; (ii) for compensation or in anticipation of compensation related to a <span class="dictionary">student-athlete</span>&#x2019;s participation in athletics (a) serves the <span class="dictionary">student-athlete</span> in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an <span class="dictionary">educational institution</span> acting exclusively as an employee of the institution for the benefit of the institution, or (b) manages the business affairs of the <span class="dictionary">student-athlete</span> by providing assistance with bills, payments, <span class="dictionary">contracts</span>, or taxes; (iii) in anticipation of representing a <span class="dictionary">student-athlete</span> for a purpose related to the <span class="dictionary">student-athlete</span>&#x2019;s participation in athletics (a) gives consideration to the <span class="dictionary">student-athlete</span> or another <span class="dictionary">person</span>, (b) serves the <span class="dictionary">student-athlete</span> in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, or (c) manages the business affairs of the <span class="dictionary">student-athlete</span> by providing assistance with bills, payments, <span class="dictionary">contracts</span>, or taxes; or (iv) represents a <span class="dictionary">student-athlete</span> in connection with <span class="dictionary">issues</span> related to name, image, or likeness, including negotiating, securing, obtaining, arranging, and managing name, image, or likeness opportunities. &#x201C;<span class="dictionary">Athlete agent</span>&#x201D; does not include an individual who (a) acts solely on behalf of a professional sports team or organization or (b) is a <span class="dictionary">licensed, registered, or certified professional</span> and offers or provides services to a <span class="dictionary">student-athlete</span> customarily provided by members of the profession, unless the individual (1) also recruits or solicits the <span class="dictionary">student-athlete</span> to enter into an <span class="dictionary">agency contract</span>, (2) also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the <span class="dictionary">student-athlete</span> as a professional athlete or member of a professional sports team or organization, or (3) receives consideration for providing the services calculated using a different method than for an individual who is not a <span class="dictionary">student-athlete</span>.
		&#x201C;<span class="dictionary">Athletic director</span>&#x201D; means the individual responsible for administering the overall athletic program of an <span class="dictionary">educational institution</span> or, if an <span class="dictionary">educational institution</span> has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
		&#x201C;Director&#x201D; means the Director of the Department of Professional and Occupational Regulation.
		&#x201C;<span class="dictionary">Educational institution</span>&#x201D; means a public or private (i) elementary school, (ii) secondary school, (iii) technical or vocational school, (iv) community college, or (v) institution of higher education.
		&#x201C;<span class="dictionary">Endorsement contract</span>&#x201D; means an agreement under which a <span class="dictionary">student-athlete</span> is employed or receives consideration to use on behalf of the other <span class="dictionary">party</span> any value that the <span class="dictionary">student-athlete</span> may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.
		&#x201C;<span class="dictionary">Enrolled</span>&#x201D; or &#x201C;<span class="dictionary">enrolls</span>&#x201D; means registered for courses and attending athletic practice or class.
		&#x201C;<span class="dictionary">Intercollegiate sport</span>&#x201D; means a sport played at the collegiate level for which eligibility requirements for participation by a <span class="dictionary">student-athlete</span> are established by a national association that promotes or regulates collegiate athletics.
		&#x201C;<span class="dictionary">Interscholastic sport</span>&#x201D; means a sport played between <span class="dictionary">educational institutions</span> that are not community colleges or institutions of higher education.
		&#x201C;<span class="dictionary">Licensed, registered, or certified professional</span>&#x201D; means an individual, other than an <span class="dictionary">athlete agent</span>, who is licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession by the Commonwealth or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing.
		&#x201C;<span class="dictionary">Person</span>&#x201D; means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality or other legal entity.
		&#x201C;<span class="dictionary">Professional sports services contract</span>&#x201D; means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.
		&#x201C;<span class="dictionary">Record</span>&#x201D; means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
		&#x201C;<span class="dictionary">Recruit or solicit</span>&#x201D; means an attempt to influence the choice of an <span class="dictionary">athlete agent</span> by a <span class="dictionary">student-athlete</span> or, if the <span class="dictionary">student-athlete</span> is a <span class="dictionary">minor</span>, a parent or guardian of the <span class="dictionary">student-athlete</span>. &#x201C;<span class="dictionary">Recruit or solicit</span>&#x201D; does not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.
		&#x201C;<span class="dictionary">Registration</span>&#x201D; means <span class="dictionary">registration</span> as an <span class="dictionary">athlete agent</span>.
		&#x201C;Sign&#x201D; means, with present <span class="dictionary">intent</span> to authenticate or adopt a <span class="dictionary">record</span>, (i) to execute or adopt a tangible symbol or (ii) to attach to or logically associate with the <span class="dictionary">record</span> an electronic symbol, sound, or process.
		&#x201C;<span class="dictionary">State</span>&#x201D; means a <span class="dictionary">state</span> of the United <span class="dictionary">States</span>, the District of Columbia, Puerto Rico, the United <span class="dictionary">States</span> Virgin Islands, or any territory or insular <span class="dictionary">possession</span> subject to the <span class="dictionary">jurisdiction</span> of the United <span class="dictionary">States</span>.
		&#x201C;<span class="dictionary">Student-athlete</span>&#x201D; means an individual who is eligible to attend an <span class="dictionary">educational institution</span> and engages in, is eligible to engage in, or may be eligible in the future to engage in any interscholastic or <span class="dictionary">intercollegiate sport</span>. &#x201C;<span class="dictionary">Student-athlete</span>&#x201D; does not include, for a particular interscholastic or <span class="dictionary">intercollegiate sport</span>, an individual permanently ineligible to participate in that sport.</p></section></text><history>2020, c. 481; 2022, cc. 510, 638.</history><metadata></metadata></law>
