Chapter 440

440.994(2)(ar) (ar) 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 that the athlete agent has received or will receive from any other source for entering into the contract or for providing the services.

440.994(2)(b) (b) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract.

440.994(2)(c) (c) A description of any expenses that the student athlete agrees to reimburse.

440.994(2)(d) (d) A description of the services to be provided to the student athlete.

440.994(2)(e) (e) The duration of the contract.

440.994(2)(f) (f) The date of execution.

440.994(3) (3) Subject to sub. (6), an agency contract must contain a conspicuous notice in boldface type and, in substantially the same form, the following:

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 SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU MAY PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND

3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.

440.994(3m) (3m) An agency contract must be accompanied by a separate record signed by the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete acknowledging that signing the contract may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport.

440.994(4) (4) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to influence entering into the contract is not required to be returned.

440.994(5) (5) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete a copy in a record of the signed agency contract and the separate acknowledgement required under sub. (3m).

440.994(6) (6) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by sub. (3) must be revised accordingly.

440.994 History History: 2003 a. 150, 326; 2019 a. 180.

440.9945 440.9945 Notice to educational institution.

440.9945(1g) (1g) In this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.

440.9945(1r) (1r) Not later than 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 or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.

440.9945(2) (2) Not later than 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 student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract and the name and contact information of the athlete agent.

440.9945(3) (3) If an athlete agent enters into an agency contract with a student athlete and the student athlete subsequently enrolls at an educational institution, the athlete agent shall notify the athletic director of the educational institution of the existence of the contract not later than 72 hours after the athlete agent knew or should have known the student athlete enrolled.

440.9945(4) (4) If an athlete agent has a relationship with a student athlete before the student athlete enrolls in an educational institution and receives an athletic scholarship from the educational institution, the athlete agent shall notify the educational institution of the relationship not later than 10 days after the enrollment if the athlete agent knows or should have known of the enrollment and any of the following is true:

440.9945(4)(a) (a) The relationship was motivated in whole or part by the intention of the athlete agent to recruit or solicit the student athlete for a future agency contract.

440.9945(4)(b) (b) The athlete agent directly or indirectly recruited or solicited the student athlete for the purpose of executing an agency contract before the enrollment.

440.9945(5) (5) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the athlete agent communicates or attempts to communicate with any of the following:

440.9945(5)(a) (a) The student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to influence the student athlete or parent or guardian to enter into an agency contract.

440.9945(5)(b) (b) Any individual not identified in par. (a) to have that individual influence the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete, to enter into an agency contract.

440.9945(6) (6) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the student athlete, the athlete agent shall notify in a record the athletic director of any educational institution at which the student athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.

440.9945(7) (7) A notice under subs. (1r) to (6) is exempt from disclosure under s. 19.35 (1).

440.9945(8) (8) An educational institution that becomes aware of a violation of this subchapter by an athlete agent shall notify the department and any professional league or players association with which the educational institution is aware the athlete agent is licensed or registered of the violation.

440.9945 History History: 2003 a. 150; 2019 a. 180.

440.995 440.995 Student athlete’s right to cancel.

440.995(1) (1) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may cancel an agency contract by giving notice in a record of the cancellation to the athlete agent not later than 14 days after the contract is signed.

440.995(2) (2) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may not waive the right to cancel an agency contract.

440.995(3) (3) If a student athlete, parent, or guardian cancels an agency contract, the student athlete, parent, or guardian is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to influence the student athlete to enter into the contract.

440.995 History History: 2003 a. 150; 2019 a. 180.

440.9955 440.9955 Required records.

440.9955(1) (1) An athlete agent shall create and retain for 5 years all of the following records:

440.9955(1)(a) (a) The name and address of each individual represented by the athlete agent.

440.9955(1)(b) (b) Each agency contract entered into by the athlete agent.

440.9955(1)(c) (c) The direct costs incurred by the athlete agent in the recruitment or solicitation of each student athlete.

440.9955(2) (2) Records described in sub. (1) are open to inspection by the department during normal business hours. Upon demand, an athlete agent shall provide a copy of such a record to the department.

440.9955 History History: 2003 a. 150; 2019 a. 180.

440.996 440.996 Prohibited conduct.

440.996(1) (1) An athlete agent may not intentionally do any of the following or encourage another individual to do or assist another individual in doing any of the following on behalf of the athlete agent:

440.996(1)(a) (a) Give a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the student athlete, parent, or guardian to enter into an agency contract.

440.996(1)(b) (b) Furnish a thing of value to a student athlete or another individual, if to do so may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport, unless both of the following apply:

440.996(1)(b)1. 1. The athlete agent notifies the athletic director of the educational institution at which the student athlete is enrolled or at which the athlete agent has reasonable grounds to believe the student athlete intends to enroll, not later than 72 hours after furnishing the thing of value.

440.996(1)(b)2. 2. The student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete acknowledges to the athlete agent in a record that receipt of the thing of value may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport.

440.996(2) (2) An athlete agent may not intentionally do any of the following or encourage another individual to do or assist another individual in doing any of the following on behalf of the athlete agent:

440.996(2)(a) (a) 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 or solicit the student athlete, parent, or guardian unless registered under this subchapter.

440.996(2)(b) (b) Fail to create or retain or to permit inspection of the records required by s. 440.9955.

440.996(2)(c) (c) Fail to register when required by s. 440.991.

440.996(2)(d) (d) Provide materially false or misleading information in an application for registration or renewal of registration.

440.996(2)(f) (f) Predate or postdate an agency contract.

440.996(2)(g) (g) Fail to notify a student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete before the student athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport.

440.996 History History: 2003 a. 150; 2019 a. 180.

440.996 Cross-reference Cross-reference: See also ch. SPS 154, Wis. adm. code.

440.9965 440.9965 Criminal penalties. An athlete agent who violates s. 440.996 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

440.9965 History History: 2003 a. 150.

440.997 440.997 Civil remedies.

440.997(1) (1) An educational institution or student athlete may bring an action against an athlete agent if the educational institution or student athlete is adversely affected by an act or omission of the athlete agent in violation of this subchapter. An educational institution or student athlete is adversely affected by an act or omission of the athlete agent only if, because of the act or omission, the educational institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution suffers financial damage or is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports.

440.997(2m) (2m) A plaintiff that prevails in an action under this section may recover actual damages, costs, and, notwithstanding s. 814.04, reasonable attorney fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the athlete agent by or on behalf of the student athlete.

440.997(3m) (3m) Any violation of this subchapter by an athlete agent is an unfair method of competition and unfair trade practice prohibited under s. 100.20.

440.997 History History: 2003 a. 150; 2019 a. 180.

440.9975 440.9975 Administrative forfeiture. The department may directly assess a forfeiture against an athlete agent of not more than $50,000 for a violation of this subchapter.

440.9975 History History: 2003 a. 150; 2019 a. 180.

440.998 440.998 Uniformity of application and construction. In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact the Uniform Athlete Agents Act and Revised Uniform Athlete Agents Act (2015).

440.998 History History: 2003 a. 150; 2019 a. 180.

440.9985 440.9985 Relation to Electronic Signatures in Global and National Commerce Act. This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, except that this subchapter does not modify, limit, or supersede 15 USC 7001 (c) or authorize electronic delivery of any of the notices described in 15 USC 7003 (b).

440.9985 History History: 2003 a. 150; 2019 a. 180.

440.999 440.999 Rules. The department shall promulgate rules that define unprofessional conduct for purposes of s. 440.992 (2) (c).

440.999 History History: 2003 a. 150.

440.999 Cross-reference Cross-reference: See also ch. SPS 154, Wis. adm. code.