Advisor vs Agent
Question:
I have been told by people that it is permissible to have an advisor but not an agent. Is this true? If so, what is the difference between an agent and an advisor?
Answer:
“You are correct. It is permissible for you to have an advisor but not an agent without jeopardizing your eligibility at an NCAA school. Under NCAA regulations, you and your parents are permitted to receive advice form a lawyer or other individuals concerning a proposed professional sports contract, provided that the advisor does not represent you directly in negotiations for the contract.
In this regard, it is permissible for an advisor to discuss with you the merits of a proposed contract give you suggestions about the type of offer you should consider. In order to maintain your eligibility at an NCAA school, however, you may not use this advisor as a link between you and the professional sports team. Rather, you must view the advisor as an extension of your own interests and not as a source to contact a professional team.
If you use the advisor as a direct contact with a professional team, the advisor shall be considered an agent, and you will have jeopardized your eligibility at an NCAA school. For example, an advisor may not be present during discussions of a contract offer with a professional team or have direct contact (i.e., in person, by telephone, email or mail) with the professional sports team on your behalf.
Finally, it is important to note that in order to maintain your eligibility at the NCAA school, if you receive assistance from an advisor, you will be required to pay that advisor at his or her normal rate for such services. ”
NCAA Advisors
NCAA rules about Family Advisors and Agents
- Young athletes, who I will refer to as prospective student-athletes (PSAs), are not permitted to have agents who market their (athletic) skills or negotiate with professional teams on their behalf. The definition of a professional team includes major junior teams (NCAA bylaw 12.2.3.2.4).
- PSAs may not have written or oral agreements with agents. This includes agreements for future representation.
- Family members of PSAs are not permitted to have written or oral agreements with agents.
- PSAs are not permitted to accept benefits from agents, such as money, meals, clothing, hockey equipment, or other things of value.
- PSAs and their families are permitted to have advisors to offer guidance and advice, so long as that advisor does not market his or her client’s hockey skills or negotiate with professional teams on behalf of the client.
- If a PSA or his family uses the services of an advisor, he must compensate that advisor in an amount equal to the services provided. A modest annual fee is recommended.
NCAA References and Resources
Guide for College Bound Students
NCAA Eligibility Reference Guild
Eligibility Checklist
NCAA Path to Student Athlete Experience
