§ 78C-86. Definitions. - North Carolina Statutes

§ 78C‑86.  Definitions.

The following definitionsapply in this Article:

(1)        Agency contract. –An agreement in which a student‑athlete authorizes a person to negotiateor solicit on behalf of the student‑athlete a professional‑sports‑servicescontract or an endorsement contract.

(2)        Athlete agent. – Anindividual who enters into an agency contract with a student‑athlete or,directly or indirectly, recruits or solicits a student‑athlete to enterinto an agency contract. The term includes an individual who represents to thepublic that the individual is an athlete agent. The term does not include aspouse, parent, sibling, or guardian of the student‑athlete or anindividual acting solely on behalf of a professional sports team orprofessional sports organization.

(3)        Athletic director. –An individual responsible for administering the overall athletic program of aneducational institution or, if an educational institution has separatelyadministered athletic programs for male students and female students, the athleticprogram for males or the athletic program for females, as appropriate.

(4)        Contact. – Acommunication, direct or indirect, between an athlete agent and a student‑athleteto recruit or solicit the student‑athlete to enter into an agencycontract.

(5)        Endorsementcontract. – An agreement under which a student‑athlete is employed orreceives consideration to use on behalf of the other party any value that thestudent‑athlete may have because of publicity, reputation, following, orfame obtained because of athletic ability or performance.

(6)        Intercollegiatesport. – A sport played at the collegiate level for which eligibilityrequirements for participation by a student‑athlete are established by anational association for the promotion or regulation of collegiate athletics.

(7)        Person. – Anindividual, company, corporation, partnership, association, or any other legalor commercial entity.

(8)        Professional‑sports‑servicescontract. – An agreement under which an individual is employed or agrees torender services as a player on a professional sports team, with a professionalsports organization, or as a professional athlete.

(9)        Record. –Information that is inscribed on a tangible medium or that is stored in anelectronic or other medium and is retrievable in perceivable form.

(10)      Registration. – Acertificate issued by the Secretary of State evidencing that a person hassatisfied the requirements of an athlete agent pursuant to this Article.

(11)      Student‑athlete.– An individual who engages in, is eligible to engage in, or may be eligible inthe future to engage in any intercollegiate sport. If an individual ispermanently ineligible to participate in a particular intercollegiate sport,the individual is not a student‑athlete for purposes of that sport. (2003‑375, s. 2.)