N.D. Cent. Code § 9-15.2-01

9-15.2-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Agency contract" means an agreement in which a student-athlete authorizes a person

to negotiate or solicit on behalf of the athlete a professional sports services contract or

endorsement contract.

2. "Athlete agent":

a. Means an individual, whether or not registered under this chapter, who:

(1) Directly or indirectly recruits or solicits a student-athlete to enter an agency

contract or, for compensation, procures employment or offers, promises,

attempts, or negotiates to obtain employment for a student-athlete as a

professional athlete or member of a professional sports team or

organization;

(2) For compensation or in anticipation of compensation related to a

student-athlete's participation in athletics:

(a) Serves the athlete in an advisory capacity on a matter related to

finances, business pursuits, or career management decisions, unless

the individual is an employee of an educational institution acting

exclusively as an employee of the institution for the benefit of the

institution; or

(b) Manages the business affairs of the athlete by providing assistance

with bills, payments, contracts, or taxes; or

(3) In anticipation of representing a student-athlete for a purpose related to the

athlete's participation in athletics:

(a) Gives consideration to the student-athlete or another person;

(b) Serves the athlete in an advisory capacity on a matter related to

finances, business pursuits, or career management decisions; or

(c) Manages the business affairs of the athlete by providing assistance

with bills, payments, contracts, or taxes; but

b. Does not include an individual who:

(1) Acts solely on behalf of a professional sports team or organization; or

(2) Is a licensed, registered, or certified professional and offers or provides

services to a student-athlete customarily provided by members of the

profession, unless the individual:

(a) Also recruits or solicits the athlete to enter into an agency contract;

(b) Also, for compensation, procures employment or offers, promises,

attempts, or negotiates to obtain employment for the athlete as a

professional athlete or member of a professional sports team or

organization; or

(c) Receives consideration for providing the services calculated using a

different method than for an individual who is not a student-athlete.

3. "Athletic director" means the individual responsible for administering the overall

athletic program of an educational institution or, if an educational institution has

separately administered athletic programs for male students and female students, the

athletic program for males or the athletic program for females, as appropriate.

4. "Educational institution" includes a public or private elementary school, secondary

school, technical or vocational school, community college, college, and university.

5. "Endorsement contract" means an agreement under which a student-athlete is

employed or receives consideration to use on behalf of the other party any value that

the athlete may have because of publicity, reputation, following, or fame obtained

because of athletic ability or performance.

6. "Enrolled or enrolls" means registered for courses and attending athletic practice or

class.

7. "Intercollegiate sport" means a sport played at the collegiate level for which eligibility

requirements for participation by a student-athlete are established by a national

association that promotes or regulates collegiate athletics.

8. "Interscholastic sport" means a sport played between educational institutions that are

not community colleges, colleges, or universities.

9. "Licensed, registered, or certified professional" means an individual licensed,

registered, or certified as an attorney, dealer in securities, financial planner, insurance

agent, real estate broker or sales agent, tax consultant, accountant, or member of a
Interscholastic sport" means a sport played between educational institutions that are

not community colleges, colleges, or universities.

9. "Licensed, registered, or certified professional" means an individual licensed,

registered, or certified as an attorney, dealer in securities, financial planner, insurance

agent, real estate broker or sales agent, tax consultant, accountant, or member of a

profession, other than that of athlete agent, who is licensed, registered, or certified by

the state or a nationally recognized organization that licenses, registers, or certifies

members of the profession on the basis of experience, education, or testing.

10. "Person" means an individual, estate, business or nonprofit entity, public corporation,

government or governmental subdivision, agency, or instrumentality, or other legal

entity.

11. "Professional sports services contract" means an agreement under which an individual

is employed as a professional athlete or agrees to render services as a player on a

professional sports team or with a professional sports organization.

12. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

13. "Recruit or solicit" means an attempt to influence the choice of an athlete agent by a

student-athlete or, if the athlete is a minor, a parent or guardian of the athlete. The

term does not include giving advice on the selection of a particular agent in a family,

coaching, or social situation unless the individual giving the advice does so because of

the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the

agent.

14. "Registration" means registration as an athlete agent under this chapter.

15. "Sign" means, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic symbol, sound, or

process.

16. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States.

17. "Student-athlete" means an individual who is eligible to attend an educational

institution and engages in, is eligible to engage in, or may be eligible in the future to

engage in, an interscholastic or intercollegiate sport. The term does not include an

individual permanently ineligible to participate in a particular interscholastic or

intercollegiate sport for that sport.