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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
Enactment Date
Definitions
-The definition includes an athlete who becomes ineligible to participate in intercollegiate sports contests because of a declaration to be open for recruitment by a professional sports team, except this type of athlete may be contacted by and contracted with an athlete agent. Athlete Agent -A person who for compensation directly or indirectly recruits or solicits an athlete to enter into an agent, professional sports service, or financial 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. -The term does not include an attorney acting as legal counsel. Agent Contract -Any agreement under which an athlete authorizes an athlete agent to negotiate with or solicit on behalf of the athlete a professional sports team for the employment of the athlete by a professional sports team. Eligibility -A period of time during which an athlete is enrolled as a student at an institution and is permitted to compete in intercollegiate athletic events. Contract
-The athlete agent may impose changes only in accordance with the listed schedule of fees. -If the athlete is a student of an institution of higher learning in the state, the athlete agent shall file a copy of the contract with the athletic director of the institution not later than the third day after the athlete signs the contract. -The athlete may cancel the contract by notifying the athlete agent in writing within sixteen days of signing the contract. -The athlete agent must include as an appendix to the agent contract a current copy of published materials relating to athlete agency as provided by the governing body of the national association for the promotion and regulation of intercollegiate athletics. Contact
-The athlete or the athlete’s parent, legal guardians or other advisors may contact and interview an athlete agent to determine that agent’s professional proficiency in representing an athlete, marketing the athlete’s athletic ability or reputation, or in providing financial services by the agent on behalf of the athlete. Prohibited Acts
-Advertise without disclosing the name and address of the athlete agent. -Publish or cause to be published any false information or make any false promises or representations concerning any employment to any person. -Divide fees with or receive compensation from a person exempt from this chapter or a professional sports league or franchise. -Enter any agreement by which the athlete agent offers anything of value to any employee of an institution of education located in this state in return for the referral of any client by that employee. -Offer anything of value to induce an athlete to enter an agreement by which the athlete agent will represent the athlete. -Enter any agreement with an athlete, or have any financial interest in any entity that is directly involved in the same sport as a person with whom the athlete agent has entered a contractual relationship, except as otherwise provided by this law. Penalties
-An athlete agent who violates this chapter may be subject to a cause of action for: -damages, -forfeiture of any right of repayment for anything of value received by the athlete as an inducement to enter any contract, -a refund of any consideration paid to the athlete agent on the athlete’s behalf, and -reasonable attorney’s fees and court costs incurred by an athlete in suing and recovering against an athlete agent for a violation of this chapter. State Contact Person
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