(a) Except as otherwise provided in subsection (c), an athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, shall not take any of the following actions, encourage any other individual to take any of the following actions, or assist any other individual in taking any of the following actions on behalf of the agent:
Terms Used In Hawaii Revised Statutes 481Z-14
Agency contract: means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract. See Hawaii Revised Statutes 481Z-2
Certified athlete agent: means an athlete agent registered under this chapter who is certified to be an athlete agent in a particular sport by a bona fide national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in that sport. See Hawaii Revised Statutes 481Z-2
Contract: A legal written agreement that becomes binding when signed.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Recruit or solicit: means to attempt to influence the choosing of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. See Hawaii Revised Statutes 481Z-2
Student athlete: means 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 sport or intercollegiate sport. See Hawaii Revised Statutes 481Z-2
(1) Give materially false or misleading information or make a materially false promise or misrepresentation;(2) Furnish anything of value to the athlete before the athlete enters into the contract; or(3) Furnish anything of value to an individual other than the athlete or another registered athlete agent.(b) An athlete agent shall not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:
(1) Initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to enter an agency contract unless registered under this chapter;(2) Fail to create, retain, or permit inspection of the records required by § 481Z-13;(3) Fail to register when required by section registration required; void contract” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>481Z-4;(4) Provide materially false or misleading information in an application for registration or renewal of registration;(5) Predate or postdate an agency contract; or(6) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport that the signing may make the athlete ineligible to participate as a student athlete in that sport.(c) A certified athlete agent may pay expenses of a student athlete and the athlete’s family members incurred before the signing of an agency contract; provided that the expenses are:
(1) For the benefit of an athlete who is a member of a class of athletes authorized to receive the benefit by the bona fide national association that certified the agent;(2) Of a type authorized to be paid by a certified agent by the bona fide national association that certified the agent; and(3) For a purpose authorized by the bona fide national association that certified the agent.
