Financial Advisor Agreement and Louisiana

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Financial Advisor Agreement and Louisiana document sample

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							                         LOUISIANA STATE UNIVERSITY’S
                                AGENT POLICY

NCAA General Rule. An individual shall be ineligible for participation in an
intercollegiate sport if he or she ever has agreed (orally or in writing) to be represented by
an agent for the purpose of marketing his or her athletic ability. Further, an agency
contract not specifically limited in writing to a sport or particular sports shall be deemed
applicable to all sports, and the individual shall be ineligible to participate in any sport.

Representation for Future Negotiations. A student-athlete shall be ineligible if he or
she enters into a verbal or written agreement with an agent for representation in future
professional sports negotiations that are to take place after the individual has completed
his or her eligibility.

Benefits from Prospective Agents. A student-athlete shall be ineligible if he or she (or
his or her relatives or friends) accepts transportation or other benefits from any person
who wishes to represent the individual in the marketing or his or her athletics ability.
The receipt of such expenses constitutes compensation based on athletics skill and is an
extra benefit not available to the general student body.

Louisiana State University Agent Policy.
An “Agent” is defined as any person or entity who wishes to represent a LSU student-
athlete by;
        1. marketing the student-athlete’s athletic abilities/skills or reputation, or
        2. providing other services relating to such marketing (e.g. legal, financial
            advising or accounting services), or
        3. referring the student-athlete to other prospective Agents.

The aforementioned definition is inclusive of all individuals who are affiliated with an
agent or a sports agency [i.e. runners].

In order to protect our student-athletes from loss of eligibility due to Agent activities, the
following policies and procedures will be followed:

   •   Agents must be registered with the State of Louisiana’s Office of Attorney
       General and LSU’s Athletics Department.             After registration with the
       aforementioned agencies, LSU does not endorse or recommend the employment
       or retention of the registered party and expressly prohibits the agent from
       presenting his registration as evidence of his/her skill, honesty, competence or
       qualifications to represent players in contract negotiations or otherwise. Such
       misrepresentation shall result in the involved Agent’s loss of registration status.

       * The athlete agent must first be certified by the appropriate professional players
          association or associations in the professional league or leagues for which
          he/she is soliciting athletes in order to be registered as an athlete agent in the
          State of Louisiana and with LSU.



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•   The Agent must notify the Athletic Director and the Head Coach of the sport in
    which the Athlete competes, seven (7) days in advance of any contact with an
    athlete, of any intent by the Agent to contact the Athlete. Moreover, this
    notification must be in writing to the Athletic Director and the Head Coach of the
    sport in which the athlete competes.

•   Mail directed to or received by a student-athlete with remaining eligibility from
    an Agent shall be forwarded to the Athletics Compliance Office, (located in the
    LSU Athletic Administration Building, 6th floor) within 24 hours after receipt of
    such correspondence. After an Agent’s status has been determined, a copy of the
    correspondence will be sent to the student-athlete’s head coach and the student-
    athlete for their review. The institution will conduct an educational session with
    the student-athlete regarding NCAA legislation governing Agents, impermissible
    activities and extra benefits.

•   A student-athlete (or his/her parent or legal guardian) should have no in-person
    contact or telephone communication with Agents prior to the completion of the
    student-athlete’s senior year of competition unless approved and arranged by the
    Athletic Director. All contact by Agents should be initiated through the Athletics
    Department Compliance Office. The student-athlete will be educated in regard to
    this policy.

•   An Athlete Agent owes the following duties to an Athlete:
    1. A duty to disclose to the Athlete the risk of loss of eligibility,
    2. A duty to explain to the Athlete all foreseeable consequences of any Athlete
       Agent contacts,
    3. A duty to refrain from any contacts with an Athlete until having complied
       with notification requirements to the Athletic Director and Head Coach,
    4. A duty to deal directly, and without the use of intermediaries or any third
       person (runners), with an athlete,
    5. A duty to not provide an athlete anything of value prior to the execution of an
       Agent contract and,
    6. A duty to refrain from any conduct which would cause the Athlete to violate
       State Laws, NCAA and LSU rules.

•   An Athlete Agent owes the following duties to LSU:
    1. A duty to comply with notification requirements to the Athletic Director and
        the Head Coach of the sport in which the athlete competes,
    2. A duty to refrain from any conduct that would cause LSU to violate NCAA
        bylaws, by competing an ineligible student-athlete,
    3. A duty to notify the Athletic Director and the Head Coach of the sport in
        which the athlete competes, seven (7) days in advance of any contact with an
        athlete,
    4. A duty to notify the Athletic Director and the Head Coach of the sport in
        which the athlete competes, by way of written notice the execution of an


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            agent contract, which must be given before any subsequent participation by
            the student-athlete in intercollegiate athletics and no later than seventy-two
            (72) hours after execution of an agent contract.

Only an Athlete Agent is allowed to contact an Athlete or the Athletes family
members. The use, encouragement, or solicitation of any intermediaries or
third persons (runners), to contact an Athlete or his/her family, by an Athlete
Agent is prohibited.

STUDENT-ATHLETES

The following procedure shall be followed if the student-athlete or his/her relatives are
contacted by an Agent, face to face, by telephone or by written correspondence:

   •   Advise the agent that you and your family will not have any contact with agents
       until your eligibility is exhausted unless approved and arranged by the Athletic
       Director;

   •   Request their name and mailing address and advise them that the Athletic
       Department, on your behalf, will forward a questionnaire for your evaluation and
       personal file. Submit their name and address to the Athletics Compliance Office,
       P.O. Box 25095, Baton Rouge, LA 70894. For overnight delivery please send to
       LSU Athletic Building, North Stadium Drive, Baton Rouge LA 70894;

   •   Submit all written correspondence from agents to the Athletics Compliance Office
       and the Athletic Department will submit a questionnaire on your behalf;

   •   Advise the agent that you will schedule interviews when your eligibility is
       exhausted unless the interview is approved and arranged by the Athletic Director.

COACHES AND STAFF MEMBERS

No University coach or staff members shall have any in-person contact or telephone
communication with Agents/Financial Advisors or their representatives on behalf of or to
discuss any current student-athletes unless prior approval has been provided by the
Athletic Director and the status of the Agent/Financial Advisor has been determined (i.e.
registered with the State of Louisiana). After the Agent/Financial Advisor’s status has
been confirmed, the coach or staff member will be notified and such communication will
therefore be permissible. Coaches and staff members, however, shall not be involved in
initiating, arranging or participating in any face to face, telephone, or written
communication between the student-athlete and an Agent/Financial Advisor (i.e. agent
interviews or reviewing agent materials with student-athletes). If a coach or staff
member receives approval to communicate with an Agent/Financial Advisor, he or she
may answer general questions only. In addition, Coaches and staff members may sit in
on such activities after receiving prior approval from the Athletic Director.



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Please note that coaches and staff members will not be allowed to sit in
on or participate in any off campus or out of state meetings between
student-athletes and Agent/Financial Advisors.
The following procedure shall be followed if a coach or staff member is contacted by an
Agent/Financial advisor or their representative to inquire about a current student-athlete
with collegiate eligibility remaining:

    1. Advise the agent that he student-athlete will not have any contact with an Agent
       until his/her eligibility is exhausted unless approved and arranged by the Athletic
       Director.

    2. Request their name and mailing address and advise them that the Professional
       Sports Counseling Panel, on the student’s behalf, will forward a questionnaire for
       their evaluation and personal file. Submit their name and address to the Athletic
       Compliance Office.

    3. Submit all written correspondence from Agents to the Athletics Compliance
       Office and the Professional Sports Counseling Panel Chair will forward the
       questionnaire to the agent on the student-athlete’s behalf.

Known Agents or runners may not travel or be included as guests in any activities in
which student-athletes are present. However, it is permissible for Agents to purchase
tickets from outside agencies for commercial flights upon which teams are traveling, and
Agents may purchase tickets to athletic events in the same manner as any other member
of the general public. In order to enforce this provision, the Athletic Compliance Office
will review guest lists.

An individual who is known to be an Agent or runner may not be allowed to watch
practice, which is not open to the public. Nor will individual’s known to be Agents be
allowed admission into team locker rooms when student-athletes are present. Further,
SEC regulations prohibit member schools from issuing media credentials, sideline passes,
or bench passes to a known Agent.

PROFESSIONAL SPORTS COUNSELING PANEL

The Professional Sports Counseling Panel will provide an extensive educational program
to attempt to assure student-athletes and their parents or legal guardians become aware of
the regulations and policies, as well as the potential pitfalls and advantages, involved in
the utilization of professional sports agents.

Per NCAA Bylaw 12.3.4 the Professional Sports Counseling Panel is authorized to do
the following:
           1. Advise a student-athlete about a future professional career;
           2. Provide direction on securing a loan for the purposes of purchasing
               insurance against a disabling injury;


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           3. Review a proposed professional sports contract;
           4. Meet with the student-athlete and representatives of professional teams;
           5. Assist the student-athlete in the selection of an agent by participating with
              the student-athlete in interviews of agents, by reviewing written
              information player agents send to the student-athlete and by having direct
              communication with those individuals who can comment about the
              abilities of an agent (e.g. other agents, a professional league’s association);
              and
           6. Visit with player agents or representatives of professional athletics teams
              to assist the student-athlete in determining his or her market value (e.g.
              potential salary, draft status).

Coaches and staff members [especially those dealing closely with student-athletes on a
daily basis such as graduate assistants, managers, and academic advisors] will be trained
to recognize indications of changes in the lifestyle of student-athletes that may be a result
of improper inducements from Agents/Financial Advisors. Coaches and staff members
will be instructed in the proper procedures of reporting such changes to the appropriate
administrator or the Athletic Compliance Office.

VIOLATIONS

In the event that our efforts to prevent violations of NCAA legislation are unsuccessful,
the following actions will be taken:

   •   Once it is determined that a student-athlete has in fact signed a contract [or given
       a verbal commitment] to be represented by an Agent, the student-athlete’s team
       membership will be terminated. All grant-in-aid and other benefits will end at the
       time first allowable in accordance with normal financial aid regulations.

   •   Once it is determined that a student-athlete’s parent, guardian or friends has
       accepted inducements from an Agent, the student-athlete will be declared
       ineligible. Restoration may be requested, if appropriate, from the SEC/NCAA.

   •   Once it is determined that a student athlete has had contacts [in person or by
       telephone] with an Agent/Financial Advisor or runner that were not arranged by
       the University and the contact plan of action was not followed, any and all
       disciplinary action will be determined by the Athletic Director.

   •   Appropriate self-reports will be forwarded to the NCAA and the Southeastern
       Conference.

   •   The appropriate professional player’s association [e.g., NFLPA, NBAPA, etc.]
       will be informed of the Agent allegedly involved and to what extent he or she was
       involved in the violation. Additionally, the agent will be removed from the
       University’s Agent Registration List and will not be allowed to attend any



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       sanctioned University Agent events [i.e. Agent Day, Pro Scout Workout day,
       etc.].

   •   Student-athletes, coaches, staff, and Agents/Financial Advisors will have an
       opportunity to appeal any disciplinary action imposed on them by the University
       as a result of their breach of this policy.

The Athletic Director must approve any deviation from this policy.




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