Representatives of "professional sports teams or professional sports organizations," such as baseball teams, are excluded from the definition of "athlete agent" as long as they are acting for their teams or organizations. If a representative should attempt to induce a student athlete to enter into an agency contract, rather than a contract with the team or organization, registration is required. Also excluded from the definition are individuals who simply provide information to a student athlete, but who do not recruit or solicit the student athlete to sign an agency contract. For example, a professional athlete who gives a student athlete information about the qualifications of an athlete agent is not required to register unless the professional athlete also attempts to recruit or solicit the student athlete to sign an agency contract. In the exclusion of certain family members from the definition of "athlete agent," the phrase "or guardian" is bracketed because some States may use another term to describe an individual who has legal responsibility for the care of another.

The definition of "contact" does not include communications which merely provide information to the student athlete. For example, a communication about the position a student athlete could reasonably expect to have in a professional draft does not constitute recruitment or solicitation to enter into an agency contract.

The definition of "student athlete" applies to a two-sport athlete who has eligibility remaining in one sport. For example, an individual who has signed a contract to play professional basketball is not a student athlete in basketball, but is a student athlete in baseball. The definition of "student athlete" also includes individuals who are not yet in college. It includes high school students, high school dropouts and high school graduates who have delayed matriculation to a college or university so long as the individual may have future eligibility for intercollegiate sports.