Information for Agents and Financial Advisors

NCAA Information Regarding Agents

Effective July 1, 2021, the NCAA adopted the Interim Name, Image, and Likeness (NIL) Policy allowing NCAA Student-athletes the opportunity to benefit from their NIL. The current Interim NCAA policy states that student-athletes can engage in NIL activities that are consistent with the law of the state where the school is located.

Virginia law states that student-athletes can utilize the services of professional service providers, such as agents, attorneys, or financial advisors, for NIL activities. An athlete agent must be licenses per the Code of Virginia [54.1-526 through 54.1-542], unless exempt from the registration requirements pursuant to the statute.

The athlete agent, attorney, or financial advisor may not market a student-athlete's athletic ability or reputation to secure an opportunity as a professional athlete. In accordance with NCAA rules, a student-athlete will be deemed ineligible if an athlete agent, attorney, or financial advisor markets his/her athletic ability for an opportunity as a professional athlete.

If you are an agent interested in representing a UVA student-athlete, please complete the UVA Agent form (https://forms.office.com/r/gvv3kztGEE) PRIOR to contacting the student-athlete. Each representation agreement must be reviewed by the compliance office to ensure it does not violate any NCAA rule.

NCAA bylaw 12.02.1 Definition of an Agent. An agent is any individual who, directly or indirectly:

Represents or attempts to represent an individual for the purpose of marketing his or her athletics ability or reputation for financial gain; or
Seeks to obtain any type of financial gain or benefit from securing a prospective student-athlete's enrollment at an educational institution or from a student-athlete's potential earnings as a professional athlete.

NCAA Bylaw 12.3.1.4 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 athletics ability or reputation in that sport. 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.

NCAA Bylaw 12.3.1.1 Representation for Future Negotiations. An individual shall be ineligible per Bylaw 12.3.1 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 in that sport.

NCAA Bylaw 12.3.1.2 Benefits from Prospective Agents. An individual shall be ineligible per Bylaw 12.3.1 if he or she (or his/her relatives or friends) accepts transportation or other benefits from:

Any person who represents any individual in the marketing of 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 student body in general.
An agent, even if the agent has indicated that he or she has no interest in representing the student-athlete in the marketing of his or her athletics ability or reputation and does not represent individuals in the student-athlete's sport.

NCAA Bylaw 12.2.5 Contracts and Compensation. An individual shall be ineligible for participation in an intercollegiate sport if he or she has entered into any kind of agreement to compete in professional athletics, either orally or in writing, regardless of the legal enforceability of that agreement.

Per bylaw 12.2.5.1, In sports other than men's ice hockey and skiing, before initial full-time collegiate enrollment, an individual may enter into an agreement to compete on a professional team (per Bylaw 12.02.12), provided the agreement does not guarantee or promise payment (at any time) in excess of actual and necessary expenses to participate on the team.

NCAA Bylaw 12.2.5.2 Nonbinding Agreement. An individual who signs a contract or commitment that does not become binding until the professional organization's representative or agent also signs the document is ineligible, even if the contract remains unsigned.