Maryland Uniform Athlete Agent Act took effect October 1, 2003;
State joins 24 other states in adoption of uniform athlete agent laws.
On October 1, 2003 the Uniform Athlete Agent Act went into effect, replacing the Maryland
Athlete Agents Act. Maryland joins 24 other states and the U.S. Virgin Islands in the adoption
of uniform laws to govern the relationship between athlete agents and student-athletes at the
high school and collegiate levels of sports competition.
The Uniform Athlete Agents Act provides for the uniform registration, certification, and
background check of athlete agents seeking to represent student athletes who are or may be
eligible to participate in intercollegiate sports, imposes specified contract terms on these
agreements to the benefit of student athletes, and provides educational institutions with a
right to notice along with a civil cause of action for damages resulting from a breach of
specified duties.
The act requires agents to disclose their training, experience, and education, whether they
or an associate have been convicted of a felony or crime of moral turpitude, have been
administratively or judicially determined to have made false or deceptive representations,
have had their agent's license denied, suspended, or revoked in any state, or have been the
subject or cause of any sanction, suspension, or declaration of ineligibility.
Agents are required to maintain executed contracts and other specified records for a period
of five years, including information about represented individuals and recruitment expenditures,
which would be open to inspection by the state.
While the act imposes significant disclosure, registration, and record-keeping requirements on
athlete agents, those who are issued a valid certificate of registration or licensure in one state
would be able to cross-file that application (or a renewal thereof) in all other states that have
adopted the act. This provision of the act simplifies regulatory compliance for agents, while at
the same time facilitates the ability of all jurisdictions to obtain verifiable, uniform
information on an agent's professional conduct in other states.
Contracts between an athlete agent and a student-athlete must be filed with the athletic
director of the high school or college or university of the student-athlete within 72 hours
after the contract is signed. Previously agents had five days to file contracts with athletic
directors.
Impact for Maryland Licenses
This act changes the way athlete agents apply for licenses in Maryland and increases the
length of the license period to two years. It also requires that certain provisions protecting
student athletes be included in agent-athlete contracts. Athlete agents will first have to
submit an initial application that will be reviewed to determine the athlete agent’s eligibility
to hold a license in Maryland. The cost of this application is $25. Once the application is
approved, the Department will send a license application. The fee for the license is $1,000.
The license period is two years. Under the previous law, the license fee was $1,000 for a
one-year license.A key addition to the licensing of athlete agents is the requirement that
each agent at contain specific language that advises the student athlete of the consequences
of signing a contract with an athlete agent. The language than must be included in an agent
contract with a student athlete is as follows:
"WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT:
YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;
IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND
YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT
REINSTATE YOUR ELIGIBILITY."
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