N.Y. General Business Law § 899-a: Definitions

§ 899-a. Definitions. As used in this article the following terms

shall have the following meanings:

1. "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.

2. "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. Such term

includes an individual who represents to the public that the individual

is an athlete agent. This term shall not include a spouse, parent,

sibling, grandparent or guardian of the student-athlete, or an

individual acting solely on behalf of a professional sports team or

professional sports organization.

3. "Athletic director" means an individual responsible for

administering the overall athletic program of an educational institution

or, if an educational institution has separately administered athletic

programs for male students and female students, the athletic program for

males or the athletic program for females, as appropriate.

4. "Contact" means a communication, direct or indirect, between an

athlete agent and a student-athlete, to recruit or solicit the

student-athlete to enter into an agency contract.

5. "Endorsement contract" means an agreement under which a

student-athlete is employed or receives consideration to use on behalf

of the other party any value that the student-athlete may have because

of publicity, reputation, following or fame obtained because of athletic

ability or performance.

6. "Intercollegiate sport" means a sport played at the collegiate

level for which eligibility requirements for participation by a

student-athlete are established by a national association which promotes

or regulates such sport and is recognized by the educational institution

that said student-athlete attends.

7. "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.

8. "Professional sports-services 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.

9. "Record" 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.

10. "Registration" means registration as an athlete agent pursuant to

this article.

11. "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.

12. "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. If an individual is permanently ineligible to

participate in a particular intercollegiate sport, such individual shall

not be considered a student-athlete thirty days after losing his or her

eligibility for purposes of that sport.