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Home » US Law » 2022 West Virginia Code » Chapter 30. Professions and Occupations » Article 39. Uniform Athlete Agents Act

§30-39-10. 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 […]

§30-39-11. Notice to Educational Institution

(a) Within seventy-two 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 […]

§30-39-12. 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 fourteen 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 […]

§30-39-13. 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;

§30-39-14. 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;

§30-39-15. Criminal Penalties

An athlete agent who violates subsection (a), section fourteen of this article is guilty of a felony and, upon conviction thereof, shall be fined not more than $50,000 or confined in a state correctional facility for not less than one nor more than three years, or both so fined and confined. An athlete agent who […]

§30-39-16. 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 article. 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) of […]

§30-39-19. Electronic Signatures in Global and National Commerce Act

The provisions of this article 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 […]

§30-39-2. Definitions

In this article: (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.

§30-39-20. Severability

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

§30-39-3. Service of Process; Subpoenas

(a) By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State 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 Secretary of State may issue subpoenas for any […]

§30-39-4. Athlete Agents: Registration Required; Void Contracts

(a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in this state without holding a certificate of registration under section six or eight of this article. (b) Before being issued a certificate of registration, an individual may act as an athlete agent in this […]

§30-39-5. Registration as Athlete Agent; Form; Requirements

(a) An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this section is a public record. The application must be in the name of an individual and, except as otherwise provided in subsection (b) of this […]

§30-39-6. Certificate of Registration; Issuance or Denial; Renewal

(a) Except as otherwise provided in subsection (b) of this section, the Secretary of State shall issue a certificate of registration to an individual who complies with subsection (a), section five of this article or whose application has been accepted under subsection (b), section five of this article. (b) The Secretary of State may refuse […]

§30-39-7. Suspension, Revocation, or Refusal to Renew Registration

(a) The Secretary of State may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under subsection (b), section six of this article. (b) The Secretary of State may deny, suspend, revoke or refuse to renew a certificate of registration or licensure only after proper notice and […]

§30-39-8. Temporary Registration

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