Terms Used In Wisconsin Statutes 440.996

  • 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
   (1)    An athlete agent may not intentionally do any of the following or encourage another individual to do or assist another individual in doing any of the following on behalf of the athlete agent:
      (a)    Give a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the student athlete, parent, or guardian to enter into an agency contract.
      (b)    Furnish a thing of value to a student athlete or another individual, if to do so may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport, unless both of the following apply:
         1.    The athlete agent notifies the athletic director of the educational institution at which the student athlete is enrolled or at which the athlete agent has reasonable grounds to believe the student athlete intends to enroll, not later than 72 hours after furnishing the thing of value.
         2.    The student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete acknowledges to the athlete agent in a record that receipt of the thing of value may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport.
   (2)   An athlete agent may not intentionally do any of the following or encourage another individual to do or assist another individual in doing any of the following on behalf of the athlete agent:
      (a)    Initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to recruit or solicit the student athlete, parent, or guardian unless registered under this subchapter.
      (b)    Fail to create or retain or to permit inspection of the records required by s. 440.9955.
      (c)    Fail to register when required by s. 440.991.
      (d)    Provide materially false or misleading information in an application for registration or renewal of registration.
      (f)    Predate or postdate an agency contract.
      (g)    Fail to notify a student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete before the student athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport.

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