(a) Except as otherwise provided in this section, an individual may not act as an athlete agent in this State without holding a certificate of registration under G.S. 78C-90 or G.S. 78C-92.
(b) Before being issued a certificate of registration, an individual may act as an athlete agent in this State for all purposes except signing an agency contract if: (i) a student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and (ii) within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this State.
(c) Except as prohibited in G.S. 78C-98(c), a North Carolina licensed and resident attorney may act as an athlete agent in this State for all purposes without registering pursuant to this section if the attorney neither advertises directly for, nor solicits, any student-athlete by representing to any person that the attorney has special experience or qualifications with regard to representing student-athletes and represents no more than two student-athletes.
(d) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract. (2003-375, s. 2; 2025-46, s. 7(a).)
Notes of Decisions
Zion Williamson v. Prime Sports Mktg., LLC, 101 F.4th 302 (4th Cir. 2024).
· cites it 3× “N.C. Gen. Stat. § 78C-88(a). If an agent fails to register, any agency contract the agent makes with a student-athlete is void.”
Champion Pro Consulting Grp., LLC v. Impact Sports Football, LLC, 116 F. Supp. 3d 644 (M.D.N.C. 2015).
“§ 78C-88(a); (2) an “athlete agent” is any individual “who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract” or “who represents to the public that the individual is an…”
Williamson v. Prime Sports Mktg., LLC (M.D.N.C. 2021).
· cites it 11× “The Court hereby declares that the Agreement entered into by the parties is void as a matter of law under N.C. Gen. Stat. § 78C-88 (the “UAAA”). This the 20th day of January 2021.”
Williamson v. Prime Sports Mktg., LLC (M.D.N.C. 2021).
· cites it 4× “49 at 20 (stating “The Court hereby declares that the Agreement entered into by the parties is void as a matter of law under N.C. Gen. Stat. § 78C-88 (the ‘UAAA’).”).”
Williamson v. Prime Sports Mktg., LLC (M.D.N.C. 2022).
· cites it 2× “N.C. Gen. Stat. §§ 78C-88(d), 78C-94(d). Defendants are not entitled to recover payment for the work they did, or recoup benefits they provided to Plaintiff pursuant to the Agreement under a theory of unjust enrichment.”
— N.C. Gen. Stat. § 78C-88(a) — 4 cases
Champion Pro Consulting Grp., LLC v. Impact Sports Football, LLC, 116 F. Supp. 3d 644 (M.D.N.C. 2015).
“§ 78C-88(a); (2) an “athlete agent” is any individual “who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract” or “who represents to the public that the individual is an…”
Williamson v. Prime Sports Mktg., LLC (M.D.N.C. 2021).
“The Court hereby declares that the Agreement entered into by the parties is void as a matter of law under N.C. Gen. Stat. § 78C-88 (the “UAAA”). This the 20th day of January 2021.”
— N.C. Gen. Stat. § 78C-88(d) — 4 cases
Williamson v. Prime Sports Mktg., LLC (M.D.N.C. 2021).
“The Court hereby declares that the Agreement entered into by the parties is void as a matter of law under N.C. Gen. Stat. § 78C-88 (the “UAAA”). This the 20th day of January 2021.”
Williamson v. Prime Sports Mktg., LLC (M.D.N.C. 2022).
“N.C. Gen. Stat. §§ 78C-88(d), 78C-94(d). Defendants are not entitled to recover payment for the work they did, or recoup benefits they provided to Plaintiff pursuant to the Agreement under a theory of unjust enrichment.”
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