Athletics News

University of Louisville Compliance - Agents


POLICY CONCERNING U OF L STUDENT-ATHLETES AND AGENTS

The University of Louisville has adopted the following policy to assist its student-athletes in dealing with any person who seeks to represent them as an "agent" in individual contract negotiations with professional sports teams and companies for endorsement deals.

SECTION 1: SCOPE OF POLICY

It is the policy of the University of Louisville to discourage any contacts between an agent seeking to represent a student-athlete of the University of Louisville in individual contract negotiations with a professional sports team or as a professional athlete unless he or she is first registered pursuant to this Policy, and thereafter remains registered in compliance with this Policy.

The following shall be considered activities or conduct of agents:

  1. Negotiating compensation, benefits and other contract terms for the University of Louisville student-athletes in individual contract negotiations with professional sports teams or as a professional athlete;
  2. The giving of advice, counsel, and information to individual University of Louisville student-athletes in the context of negotiating with or preparing for negotiations with professional sports teams or as a professional athlete;
  3. Making representations as to a person's competence, skill or ability to negotiate on behalf of, to determine the potential professional worth of or to otherwise represent an athlete in the context of soliciting individual University of Louisville student-athletes to become clients; or
  4. Any other activity or conduct, which directly bears upon the agent's integrity, competence, or ability to properly represent individual University of Louisville student-athletes in individual contract negotiations.

SECTION 2: REQUIREMENTS FOR REGISTRATION

  1. Application
    Any person desiring to obtain registration as an agent from the University of Louisville must file an application for registration and questionnaire with the athletic department. Prior to approval of the University of Louisville registration, potential "agents" must be registered with the State of Kentucky Division of Occupations and Professions.

    The University of Louisville will encourage its student-athletes to meet only with registered agents. The list of registered agents will be provided to student-athletes and will be made as attractive as possible to those student-athletes who have a high potential for a career as a professional athlete.

  2. Compliance with Regulations
    Upon the filing of an application for registration, the applicant shall be deemed to have agreed with the University of Louisville that:

    1. He or she will be bound by and shall conform with its Policy, and shall not evade, violate, or circumvent, either directly or indirectly, this policy; and
    2. Any registration issued by the University of Louisville hereunder may be revoked if it is discovered that the application contains false or misleading statements.

  3. Action on Application
    Within fourteen days of the receipt of an application for registration, the University of Louisville shall determine whether registration shall be granted to the applicant or to seek additional information from the applicant. Grounds for denial for registration shall include, but not be limited to, the following:

    1. Prior conduct of the applicant involving fraud, misrepresentation, embezzlement, misappropriation of funds, or theft;
    2. Prior conduct of the applicant involving violations of National Collegiate Athletic Association (NCAA) or Conference USA (CUSA) rules;
    3. Making false or misleading statements in the application for registration; or
    4. Any other conduct which adversely affects the competence, credibility or integrity of the applicant in serving as an agent to the University of Louisville student-athletes.

  4. Representation of Players Pending Granting or Denial of Initial Registration
    In its discretion, the University of Louisville may authorize, subject to revocation, any person, who has filed an application for registration, to make contact with a specific student-athlete pending the granting or denial of registration if such action is deemed to be in the best interest of the student-athlete.

  5. Form of Registration
    Upon receipt of an applicant's application for registration, the agent shall receive a written notice of approval or denial that will indicate an effective date for which contact with student-athletes may begin. Registration is approved solely for contact between the registered agent and student-athletes who have exhausted all eligibility in the sports in which the agent has indicated that he or she wants to represent the student-athlete.

SECTION 3: INDIVIDUAL CONTACTS BY REGISTERED AGENT

Any person who has been granted registration pursuant to Section 2 above shall be permitted to thereafter contact student-athletes of the University of Louisville for the purpose of discussing their potential professional careers. These discussions shall not include any agreement that will jeopardize the eligibility of the student-athlete. The agent shall be solely responsible and liable for, and hold the University of Louisville harmless from, any damages or claims arising from his or her activities as an agent for the University of Louisville student-athletes.

SECTION 4: REQUIREMENTS CONCERNING AGENT'S CONDUCT

It is of utmost concern to the University of Louisville and its student-athletes that persons serving as agents hereunder conduct themselves in a manner which will:

  1. Assure the most effective representation possible in individual contract negotiations;
  2. Avoid any conflict of interest which could potentially compromise the best interests of the University of Louisville student-athletes; and
  3. Avoid any involvement of the University of Louisville student-athletes in actions that could jeopardize their eligibility under NCAA or Conference USA rules. Except in a situation where full disclosure of the potential consequences of loss of eligibility has been made to the student-athlete and the student-athlete has indicated to the Head Coach and the Director of Athletics that he or she fully comprehends such consequences.

Therefore, an agent shall be required to:

  1. Disclose upon request all information relevant to his or her qualifications to serve as an agent, including educational background, special training, experience in negotiations, past representation of professional athletes and coaches, and relevant business association or memberships in professional organizations;
  2. Maintain the highest degree of integrity and competence in individual negotiations with professional sports teams,
  3. Become and remain sufficiently educated in the areas of professional sports structure and economics, applicable collective bargaining agreements and other governing documents, and basic negotiating techniques and in developments in sports law and related subjects;
  4. Fully disclose any and all relationships, including but not limited to financial or employment relationships with professional sports teams;
  5. Fully comply with applicable local, state, and federal laws;
  6. Fully comply with applicable NCAA and Conference USA rules; and
  7. Fully comply with this Policy and amendments hereto.

An agent should not:

  1. Hold or seek to hold, either directly or indirectly, a financial interest in or a position of employment with any professional team in a sport in which he or she is seeking to represent a University of Louisville student-athlete;
  2. Fail to disclose in writing to a student-athlete, prior to accepting representation of such student-athlete, the names and current positions of any management personnel whom he or she has represented or is representing in matters pertaining to their employment by or association with any professional team in a sport in which he or she is seeking to represent a University of Louisville student-athlete;
  3. Engage in any other activity which creates an actual or potential conflict of interest with the effective representation of University of Louisville student-athletes;
  4. Conceal material facts from a student-athlete which relate to the subject of the individual negotiations in question;
  5. Engage in unlawful conduct and/or conduct involving dishonesty, fraud, deceit, misrepresentation, or other conduct which reflects adversely on his or her fitness as an agent or jeopardizes the effective representation of University of Louisville student-athletes;
  6. Provide or offer to provide any incentive (including a meal or any other form of entertainment) to a University of Louisville student-athlete in order to become the agent for such student-athletes;
  7. Provide or offer anything of significant value to any other person in return for a personal recommendation of the agent's selection by a University of Louisville student-athlete;
  8. Provide false or misleading information, including but not limited to information regarding continuing eligibility to participate in intercollegiate athletics (under NCAA or Conference USA rules), to any person in the context of solicitation for selection as the agent for any University of Louisville student-athlete;
  9. Use titles or business names which imply the existence of professional credentials which he or she does not actually possess.

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