Conduct of Athlete Agents in West Virginia
The penalties for violation of the Uniform Athlete Agents Act are severe. Agents and student-athletes should read this detailed listing of prohibited conduct and contract requirements before taking having any discussion or taking any steps toward entering into an agency contract. For the full text of the law, see Uniform Athlete Agents Act.
Prohibited Conduct of an Athlete Agent
An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not: (the following actions are felonies)
(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.
An athlete agent may not intentionally: (the following actions are misdemeanors)
(1) Initiate contact with a student-athlete unless registered under this article;
(2) Refuse or fail to retain or permit inspection of the records required to be retained by section thirteen of this article;
(3) Fail to register when required by section four of this article;
(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 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.
All agency contracts must contain the following in boldface type in capital letters:
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, 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.