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Home » US Law » 2019 US Virgin Islands Code » Title 17 - Education » Chapter 39 - Uniform Athlete Agents Act

§ 652. Definitions

In this chapter, the term (a) “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. (b) “athlete agent” means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or […]

§ 653. Service of process; subpoenas

(a) By acting as an athlete agent in this State, a nonresident individual appoints the Lieutenant Governor as the individual’s agent for service of process in any civil action in this State related to the individual’s acting as an athlete agent in this State. (b) The Lieutenant Governor may issue subpoenas for any material that […]

§ 654. Athlete agents: registration required; void contracts

(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this State without holding a certificate of registration under section 656 or 658 of this title. (b) Before being issued a certificate of registration, an individual may act as an athlete agent in this State for all […]

§ 655. Registration as athlete agent; form; requirements

(a) An applicant for registration shall submit an application for registration to the Lieutenant Governor in a form prescribed by the Lieutenant Governor. An application filed under this section is a public record under title 3, chapter 33 of the Virgin Islands Code. The application must be in the name of an individual and, except […]

§ 656. Certificate of registration; issuance or denial; renewal

(a) Except as otherwise provided in subsection (b), the Lieutenant Governor shall issue a certificate of registration to an individual who complies with Section 655(a) or whose application has been accepted under section 655(b) of this chapter. (b) The Lieutenant Governor may refuse to issue a certificate of registration if the Lieutenant Governor determines that […]

§ 657. Suspension, revocation, or refusal to renew registration

(a) The Lieutenant Governor may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under section 656(b). (b) The Lieutenant Governor may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing.

§ 658. Temporary registration

The Lieutenant Governor may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.

§ 659. Registration and renewal fees

An application for registration or renewal of registration must be accompanied by a fee in the following amount: (1) $350 for an initial application for registration; (2) $200 for an application for registration based upon a certificate of registration or licensure issued by another State; (3) $200 for an application for renewal of registration; or […]

§ 660. Required form of contract

(a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) 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 […]

§ 661. Notice to educational institution

(a) 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 […]

§ 662. Student-athlete’s right to cancel

(a) 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. (b) A student-athlete may not waive the right to cancel an agency contract. (c) If a student-athlete cancels an agency contract, the student-athlete is not required […]

§ 663. Required records

(a) An athlete agent shall retain the following records for a period of five years: (1) the name and address of each individual represented by the athlete agent; (2) any agency contract entered into by the athlete agent; and (3) any direct costs incurred by the athlete agent in the recruitment or solicitation of a […]

§ 664. Prohibited conduct

(a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not: (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 […]

§ 665. Criminal penalties

An athlete agent who violates section 664 is guilty of a felony and, upon conviction, is punishable by a fine of not more than $15,000 and imprisonment for not more than five years, or both fine and imprisonment.

§ 666. Civil remedies

(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney’s fees. (b) Damages of an educational institution under subsection (a) include […]

§ 667. Administrative penalty

The Lieutenant Governor may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this chapter after the violating athlete agent has been given the opportunity for a hearing on the record before the Lieutenant Governor or his designee and in making the penalty assessment, the Lieutenant Governor has […]

§ 669. Electronic Signatures in Global and National Commerce Act

The provisions of this chapter 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 Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106–229, 114 Stat. 464 […]

§ 670. Severability

If any provision of this chapter or its application to any person or circumstance is held valid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.