Baseball: Use of Agents versus Advisors

Who is considered an agent?

  • According to NCAA bylaws, 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.

An example of an agent in baseball is a person who serves as a conduit between the athlete and MLB teams.

    • You will jeopardize or lose your collegiate eligibility if:
      • You have an agreement – oral or written – for an individual to act as your agent, now or in the future.
      • You permit an individual to communicate with one or more MLB clubs on you or your family’s behalf.
      • You permit them to be present during meetings regarding contract negotiations or conversations.
      • An individual who acts as an agent/advisor arranges a workout or physical for you with any MLB club.
      • You or your family or inner circle accepts anything of value from someone who acts as an agent – can be any kind of benefit (e.g., money, gifts, clothing, shoes, equipment, even meals).

Who is an advisor?

  • An advisor is a person who provides advice or counsel to an athlete or his family relating to the athlete’s value, proposed contract, or other subjects related to the draft.
  •  An advisor can permissibly provide:
    • Advice to you on your fair market value.
    • An evaluation of a proposed contract.
    • Information, research, advice, etc. relating to the draft process.

… but cannot communicate with or negotiate with a MLB team on your behalf.

  • The NCAA requires that you pay fair market value for an advisor’s services.  If you don’t, you jeopardize your eligibility.

What activities are considered “advising” student-athletes, which does not jeopardize my eligibility, as opposed to “representing” student-athletes, which jeopardizes my eligibility?

These situations tend to be fact-specific and depend on specific circumstances. It’s best to use the following as guidance:

  • If you are interacting on a one-on-one basis with another person and that individual is providing advice regarding your future, that individual is likely to be advising you (unless the discussions include an oral or written agreement for that individual to represent you now or in the future, even if the individual does not act upon that agreement).
  • When an individual is interacting with others on behalf of or regarding you (e.g. third parties), it is likely that person is representing you.

Can an attorney or agent provide advice to me regarding a professional contract without jeopardizing my collegiate eligibility?

YES. An attorney and agent can provide advice to you regarding a proposed contract, but neither can represent you in negotiations or market your athletics ability to professional teams without jeopardizing your collegiate eligibility. Also, keep in mind that you must pay the attorney or agent the going rate for whatever services they provide in order to avoid them providing an impermissible benefit to you.

Who is draft eligible?

  • High school players if they have graduated but have yet to attend college.
  • Junior college players, regardless of how many years of school they have completed.
  • Four-year college players who have either completed their junior or senior year or are at least 21 years old.
    • If you are drafted:
      • You have until mid-July signing deadline to sign with a club or decline signing.
      • If you decide not to sign with club who drafted you, you can be drafted in any subsequent year(s) during an MLB draft, so long as you meet the eligibility requirements (See, above).
      • If you violate any NCAA bylaw regarding representation and use of an agent (e.g., accept benefits from an agent/advisor or allow an agent/advisor to have contact with a club on your behalf), you will jeopardize and potentially lose your NCAA eligibility.

Practice Pointers

  • Keep Coach Avent and the Athletics Compliance Office informed of all decisions and ask their advice and guidance so you do not involuntarily forfeit your eligibility.
  • If you do not know who arranged your tryout, you need to find out who did before the tryout – a tryout cannot be arranged by an agent or advisor.
  • If you employ an advisor, ask your advisor to draft the agreement to include specific payment terms for services that expressly prohibit them from a) speaking or meeting with clubs on your behalf; or b) arranging tryouts.
  • Do your own research regarding the Rule 4 (Amateur) Draft so that you understand the rules relating to signing bonuses and other negotiable terms.
  • If you are a current NC State student-athlete, remain in school in good academic standing while you negotiate the terms of your potential contract.

Points to Remember – You will involuntarily jeopardize or relinquish your collegiate eligibility if:

  • An agent/advisor has direct contact with an MLB club on your behalf.
  • You agree orally or in writing to be represented by an agent or an individual acting as or on behalf of an agent. This includes agreements for future representation (e.g., you agree that for when you sign with a club, you will use your advisor as your agent; NO future promises!).
  • You accept benefits from an agent, prospective agent, runner, or any individual working for an agent.  This includes receiving free advice and counseling regarding the draft from an advisor/agent.

Exception to Representation:

Bylaw 12.3.1.1 (Jan 19, 2018) – For Baseball and Ice Hockey, before full-time collegiate enrollment and when an athlete is drafted, an athlete can pay FMV to and be represented by an agent for purposes of contract negotiations.  Applicable only prior to full-time enrollment at 4-year university and when drafted, and representation has to terminate before full-time collegiate enrollment.