[ 481E-3] Athlete agents: registration required; void contracts. (a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this State without holding a certificate of registration under section 481E‑5 or 481E‑7.
Terms Used In Hawaii Revised Statutes 481E-3
- 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. See Hawaii Revised Statutes 346-234
- 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. See Hawaii Revised Statutes 346-234
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Hawaii Revised Statutes 346-234
- Registration: means registration as an athlete agent pursuant to this chapter. See Hawaii Revised Statutes 346-234
- State: means 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. See Hawaii Revised Statutes 346-234
- Student-athlete: means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. See Hawaii Revised Statutes 346-234
(b) Before being issued a certificate of registration, an individual may act as an athlete agent in this State for all purposes except signing an agency contract, if:
(1) A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and
(2) Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this State.
(c) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.