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[Below is a summary of this state’s athlete agent law (as of spring 1999). The summary is intended only to provide an overview of the state law. For further information, readers should consult the applicable state code section.]
Code Section La. Rev. Stat. Ann.: Enactment Date
-Amended, 1988, 1990, 1991, 1993 Definitions
Athlete Agent -A person who, directly or indirectly, recruits or solicits an athlete to enter into an agent contract or professional sports services contract with that person, or who for a fee procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team. Agent Contract -Any contract or agreement under which an athlete authorizes an athlete agent to negotiate or solicit on behalf of the athlete with one or more professional sports teams for the employment of the athlete by one or more professional sports teams. -The execution by an athlete of a personal service contract with the owner or prospective owner of a professional sports team for the purpose of athletic services is equivalent to employment with a professional sports team. Registration
-An attorney licensed to practice law in Louisiana who acts as an athlete agent in his practice is not required to register with the Secretary of State, pay a registration fee, or file a copy of any contract. -An attorney must notify the Louisiana State Bar Association, in writing, of his intention to act as an athlete agent in his practice of law. Prohibited Acts
-Sell, transfer or give away any interest in or the right to participate in the profits of the athlete agent without the prior written disclosure to the Secretary and the written consent of the athlete. -Publish or cause to be published any false, fraudulent or misleading information, representation, notice or advertisement. -Advertise by means of cards, circulars, or signs, or in newspapers and other publications, or use letterheads, receipts, or blanks unless the advertisement, letterhead, receipt, or blank is printed and contains the registered name and address of the athlete agent. -Intentionally give any false information or intentionally make any false promises or representations to any athlete or the athlete’s parents, legal guardians, or other advisors or fail to disclose that he is employed by, or acting on behalf of, someone else. -Divide fees with or receive compensation from a professional sports league or franchise, or its representatives or employees. -Enter into any agreement, written or oral, by which the athlete agent offers anything of value, including the rendition of free or reduced-price legal services, to any employee of an institution of higher education located in this state in return for the referral of any clients by that employee. -Offer anything of value to the athlete, the athlete’s parents, legal guardians, or other advisors, excluding reasonable entertainment expenses and transportation expenses to and from the athlete agent’s registered place of business, to induce an athlete to enter into an agreement, written or oral, by which the athlete agent will represent the athlete. -Enter into any agreement, except as provided by this act, written or oral, by which the registered athlete agent will represent the athlete, or give anything of value to an athlete, an athlete’s parents, legal guardians, or other advisors, until after completion of the athlete’s last intercollegiate sports contest, including post-season games, and may not enter an agreement before the athlete’s last intercollegiate contest that purports to take effect at a time after that contest is completed. -Directly or indirectly contact, except as provided by this act, an athlete who is participating in a team sport at an institution of higher learning located in this state to discuss the athlete agent’s representation of the athlete in the marketing of the athlete’s athletic ability or reputation. Contract
-The athlete may cancel the contract by notifying the athlete agent in writing, not later than the sixteenth day after the date the contract is filed with the Secretary of State. -The athlete agent must file a copy of the contract with the Secretary of State if the athlete has never before signed a contract of employment with a professional sports team. -If the athlete is a full-time student at an institution of higher education located in this state, the athlete agent shall also file the contract with the athletic director of the institution. -The athlete agent may only impose fees in accordance with the athlete agent’s fee schedule filed with the Secretary of State. Contact
-An athlete or the athlete’s parents, legal guardians, or other advisors may contact and interview an athlete agent to determine the agent’s professional proficiency in the representation of an athlete in the marketing of the athlete’s athletic ability or reputation. Duties of Institutions of Higher Education/Agent Interviews
Penalties
-Forfeiture of any right of repayment of anything of value either received by an athlete as an inducement to enter into any agent contract or received by an athlete before completion of the athlete’s last intercollegiate sports contest. -Payment of a refund of any consideration paid to the athlete agent on an athlete’s behalf. -Payment of reasonable attorney’s fees and court costs incurred by an athlete in suing an athlete agent for violation of this chapter. -An athlete agent or an attorney licensed to practice in Louisiana who knowingly or intentionally violates the registration provisions and/or the prohibited acts provisions of the act is subject to a misdemeanor criminal penalty and shall be punished by a fine of not more than $10,000, or by imprisonment of not more than one year or both. Athlete Agents Registered
State Contact Person
Office of the Louisiana Secretary of State Corporations Division P.O. Box 94125 Baton Rouge, LA 70804-9125 225/922-0434 |
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