2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 5 - ATHLETICS AND SPORTS › Chapter 35 - Athlete Agents › Section 3502 - Definitions

§ 3502. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agency contract."
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.
"Athlete agent."
The following apply:
(1) The term means an individual, whether or not registered under this chapter, who:
(i) directly or indirectly:
(A) recruits or solicits a student athlete to enter into an agency contract; or
(B) for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
(ii) for compensation or in anticipation of compensation related to a student athlete's participation in athletics:
(A) serves the student athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the educational institution for the benefit of the educational institution; or
(B) manages the business affairs of the student athlete by providing assistance with bills, payments, contracts or taxes; or
(iii) in anticipation of representing a student athlete for a purpose related to the student athlete's participation in athletics:
(A) gives consideration to the student athlete or another person;
(B) serves the student athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or
(C) manages the business affairs of the student athlete by providing assistance with bills, payments, contracts or taxes.
(2) The term does not include an individual who:
(i) acts solely on behalf of a professional sports team or organization;
(ii) is a coach, trainer or other employee of a secondary or postsecondary school who is acting on behalf of a student athlete of the same secondary or postsecondary school, if the activities are within the scope of employment of the coach, trainer or other employee; or
(iii) is a licensed, registered or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:
(A) also recruits or solicits the student athlete to enter into an agency contract;
(B) also, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for the student athlete as a professional athlete or member of a professional sports team or organization; or
(C) receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.
"Athletic director."
The individual responsible for administering:
(1) the overall athletic program of an educational institution; or
(2) if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
"Commission."
The State Athletic Commission.
"Communicating or attempting to communicate."
Contacting or attempting to contact by an in-person meeting, a record or any other method which conveys or attempts to convey a message.
"Educational institution."
Any public or private elementary school, secondary school, technical or vocational school, community college, college or university.
"Endorsement contract."
An agreement under which a student athlete is employed or receives consideration to use on behalf of the other party value that the student athlete may have because of publicity, reputation, following or fame obtained because of athletic ability or performance.
"Enroll."
To register for courses and attend athletic practice or class.
"Enrolled."
Registered for courses and attending athletic practice or class.
"Intercollegiate sport."
A sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association which promotes or regulates collegiate athletics.
"Interscholastic sport."
A sport played between educational institutions which are not community colleges, colleges or universities.
"Licensed, registered or certified professional."
An individual licensed, registered or certified as an attorney, a dealer in securities, a financial planner, an insurance agent, a real estate broker or sales agent, a tax consultant, an accountant or a member of a profession who is licensed, registered or certified by the State or a nationally recognized organization which licenses, registers or certifies members of the profession on the basis of experience, education or testing. The term does not include an athlete agent.
"Person."
Any individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.
"Professional-sports-services contract."
An agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.
"Record."
Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"Recruit or solicit."
An attempt to influence the choice of an athlete agent by a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete. The term does not include giving advice on the selection of a particular athlete agent in a family, coaching or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the athlete agent.
"Registration."
Registration as an athlete agent under this chapter.
"Secretary."
The Secretary of the Commonwealth.
"Sign."
With present intent to authenticate or adopt a record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an electronic symbol, sound or process.
"State."
A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
"Student athlete."
An individual who is eligible to attend an educational institution and engages in, is eligible to engage in or may be eligible in the future to engage in any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.
Cross References.
Section 3502 is referred to in section 3702 of this title.