Section 5910220. In this chapter: (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. (2) ‘Athlete agent’: means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization (a) means an individual, whether or not registered under this chapter, who: (i) directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, 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 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 institution for the benefit of the institution; or (B) manages the business affairs of the 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 athlete’s participation in athletics: (A) gives consideration to the student athlete or another person; (B) serves the 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 athlete by providing assistance with bills, payments, contracts, or taxes; but (b) does not include an individual who: (i) acts solely on behalf of a professional sports team or organization; or
(ii) 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 athlete to enter into an agency contract; (B) also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the 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. (3) ‘Athletic director’ means an individual responsible for administering the overall athletic program of an educational institution or, 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. (4) ‘Contact’ means a communication, direct or indirect, between an athlete agent and a student athlete to recruit or solicit the student athlete to enter into an agency contract. (5) ‘Educational institution’ includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university. (6) ‘Endorsement contract’ means an agreement under which a student athlete is employed or receives consideration to use a product or service based on behalf of another party any value the student athlete has because of publicity, reputation, following, or fame obtained from athletic ability or performance. (7) ‘Enrolled’ means registered for courses and attending athletic practice or class. ‘Enrolls’ has a corresponding meaning. (68) ‘Intercollegiate sport’ means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of that promotes or regulates collegiate athletics. (9) ‘Interscholastic sport’ means a sport played between educational institutions that are not community colleges, colleges, or universities. (10) ‘Licensed, registered, or certified professional’ means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or