Wisconsin Statutes 440.994 – Required form of contract
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Terms Used In Wisconsin Statutes 440.994
- Contract: A legal written agreement that becomes binding when signed.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- 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.
- Minor: means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "minor" does not include a person who has attained the age of 17 years. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) An agency contract must be in a record, signed by the parties.
(2) An agency contract must contain all of the following:
(ag) A statement that the athlete agent is registered as an athlete agent in this state and a list of all other states in which the athlete agent is registered as an athlete agent.
(ar) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration that the athlete agent has received or will receive from any other source for entering into the contract or for providing the services.
(b) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract.
(c) A description of any expenses that the student athlete agrees to reimburse.
(d) A description of the services to be provided to the student athlete.
(e) The duration of the contract.
(f) The date of execution.
(3) Subject to sub. (6), an agency contract must contain a conspicuous notice in boldface type and, in substantially the same form, the following:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU MAY PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND
3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.
(3m) An agency contract must be accompanied by a separate record signed by the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete acknowledging that signing the contract may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport.
(4) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to influence entering into the contract is not required to be returned.
(5) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete a copy in a record of the signed agency contract and the separate acknowledgement required under sub. (3m).
(6) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by sub. (3) must be revised accordingly.