(A) An athlete agent, with the intent to induce a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete to enter into an agency contract, may not take any of the following actions or encourage another person to take or assist another person in taking any of the following actions on behalf of the athlete agent:
(1) give 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 an individual other than the student athlete or another registered athlete agent.
(B) An athlete agent may not intentionally do any of the following or encourage another person to do any of the following on behalf of the athlete agent:
(1) initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete to recruit the student athlete, parent, or guardian to enter an agency contract unless registered pursuant to this chapter;
(2) refuse or fail to retain or permit inspection of records pursuant to Section 59-102-130;
(3) fail to register as required by Section 59-102-40;
(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 or, if the student athlete is a minor, a parent or guardian of the athlete before the student athlete, parent, or guardian 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.
HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.
Comment
Effect of Amendment
2018 Act No. 235, Section 1, rewrote the section.
Structure South Carolina Code of Laws
Chapter 102 - Athlete Agents And Student Athletes
Section 59-102-10. Citation of chapter.
Section 59-102-20. Definitions.
Section 59-102-30. Service of process on nonresident agents; subpoenas; use of funds.
Section 59-102-40. Certificate of registration as athlete agent required; exceptions.
Section 59-102-50. Application for registration; contents; registration in another state.
Section 59-102-70. Suspension, revocation, or refusal to renew certificate of registration.
Section 59-102-80. Temporary certificate of registration.
Section 59-102-85. Online registry of athlete agents in good standing.
Section 59-102-100. Agency contracts.
Section 59-102-110. Notice of contract to athletic director.
Section 59-102-120. Cancellation of agency contract by student.
Section 59-102-130. Records to be maintained by athlete agent.
Section 59-102-140. Prohibited acts of athlete agents.
Section 59-102-150. Violations and penalties.
Section 59-102-160. Actions for damages; attorney's fees; accrual.
Section 59-102-170. Administrative fine.
Section 59-102-180. Application and construction of act.
Section 59-102-190. Relation to Electronic Signatures in Global and National Commerce Act.