South Carolina § 59-102-100 - Agency contracts.

§ 59-102-100. Agency contracts.

(A) An agency contract must be in a record that is signed or otherwise authenticated by the parties.

(B) An agency contract must include:

(1) in a statement that the athlete agent is registered as an athlete agent in this State and a list of other states in which he is registered as an athlete agent;

(2) the amount and method of calculating the consideration to be paid by the student athlete for services provided by the athlete agent under the contract and other consideration the athlete agent receives from another source for entering into the contract or for providing the services;

(3) the name of a person not listed in the application for registration or renewal of registration to be compensated because the student athlete signed the agency contract;

(4) a description of expenses the student athlete agrees to reimburse;

(5) a description of the services to be provided to the student athlete;

(6) the duration of the contract; and

(7) the date of execution.

(C) Subject to the provisions of subsection (G), an agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating:

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 SEVENTY-TWO HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU 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.

(D) An agency contract must be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete's eligibility to participate in the athlete's sport.

(E) A student athlete or, if the athlete is a minor, the parent or guardian of the 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 induce entering into the contract is not required to be returned.

(F) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgement required by subsection (D).

(G) 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 subsection (C) must be revised accordingly.

(H) An agency contract for name, image, or likeness activities, as defined in Chapter 158, Title 59, may provide for athlete agent compensation but may not exceed twenty percent of the name, image, or likeness contract.

HISTORY: 2004 Act No. 300, SECTION 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), SECTION 1, eff May 17, 2018; 2021 Act No. 35 (S.685), SECTION 6, eff July 1, 2021; 2024 Act No. 207 (H.4957), SECTION 8, eff May 21, 2024.

Comment

Editor's Note

2021 Act No. 35, SECTION 7, provides as follows:

"SECTION 7. This act takes effect for each institution of higher learning in this State upon the earlier of July 1, 2022, or certification by the Attorney General to the Governor of the enactment of rules consistent with the provisions contained in this act by the institution of higher learning's collegiate governing body [July 1, 2021]. Upon certification by the Attorney General, the provisions of this act are suspended until the General Assembly takes further action."

2022 Act No. 239, SECTION 117.172, provides as follows:

"117.172. (GP: Name Image Likeness) For Fiscal Year 2022-23, Act 35 of 2021 in its entirety pertaining to intercollegiate athlete (NIL) name, image, or likeness is suspended."

Effect of Amendment

2018 Act No. 235, SECTION 1, rewrote the section.

2021 Act No. 35, SECTION 6, added (H).

2024 Act No. 207, SECTION 8, in (H), substituted "may provide" for "may not provide" and "but may not exceed twenty percent" for "that exceeds ten percent".