[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 (These files require the free Adobe Acrobat Reader)

Okla. Stat. Ann. Title 70, §§ 821.61 - 821.71

Enactment Date

-1985

Definitions

Oklahoma NCAA Athlete -Any athlete who is eligible to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education that is located in this state and that is a member of the National Collegiate Athletic Association.

Oklahoma non-NCAA Athlete -An athlete in a team sport who resides in this state who is not an Oklahoma NCAA athlete.

Athlete Agent -A person who, directly or indirectly, recruits or solicits an athlete to enter into an agent or professional sport 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.

Attorney Exemption

-Attorneys licensed to practice law in Oklahoma, are exempt from all the provisions of the act (821.62 - 821.70), provided they register with the Clerk of the Supreme Court of Oklahoma by filing an affidavit stating their intention to represent an Oklahoma athlete in contractual negotiations, and serve as lead counsel in the negotiations, and are to receive their compensation directly from the represented Oklahoma athlete and not from any other source.

Registration

-An athlete agent must register with the Secretary of State.

-Registration is valid for one year.

-The agent must annually file a registration application and pay an annual filing fee of $1,000.

Bond

-An athlete agent must deposit with the Secretary of State, before the issuance or renewal of a registration certificate, a surety bond in the sum of $100,000, or provide proof of an equivalent amount of professional liability insurance.

-The recovery of damages is not limited to the bond amount.

Contract

-All contracts with an Oklahoma non-NCAA athlete who has never before signed a contract of employment with a professional sports team must be on a form approved by the Secretary of State. Approval will not be withheld unless the proposed form of agent contract is unfair, unjust, and oppressive to the athlete.

-A registered athlete agent shall file a copy of an agent contract made with an Oklahoma non-NCAA athlete who has never before signed a contract of employment with a professional sports team, within 5 days after the date the contract is signed with the Secretary of State.

-The athlete may terminate the agent contract before the expiration of the tenth day after the contract has been filed.

On Campus Interviews/Contact

-An institution of higher education located in Oklahoma may elect to sponsor athlete agent interviews for Oklahoma NCAA athlete on its campus and establish specific rules governing such interviews.

-All other contact, direct or indirect, with an Oklahoma NCAA athlete to discuss an athlete agent’s representation of the athlete or the marketing of the athlete’s athletic ability or reputation is prohibited.

Prohibited Acts

A registered athlete agent may not:

-Sell, transfer, or give away any interest in or the right to participate in the profits of the athlete agent without the prior written consent of the Secretary of State;

-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 or 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;

-Give any false information or make any false promises or representations concerning any employment to any person;

-Divide fees with or receive compensation from a professional sports league or franchise, or its representative or employee;

-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, excluding reasonable entertainment expenses and transportation expenses to and from the athlete agent’s registered principle place of business, to induce an Oklahoma non-NCAA athlete who has never before signed a contract of employment with a professional sports team, to enter into an agreement, written or oral, by which the athlete agent will represent the athlete; or

-Except as permitted by the provision governing on-campus agent interviews, contact, directly or indirectly, an Oklahoma NCAA athlete to discuss an athlete agent’s representation of the athlete in the marketing of the athlete’s athletic ability or reputation prior to the expiration of the athlete’s intercollegiate athletics eligibility.

-Enter into any agreement, written or oral, by which the athlete agent will represent the athlete, until after completion of the athlete’s last intercollegiate 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.

Penalties

-An athlete agent in violation of the registration or prohibited acts provisions of the act may be liable for a civil penalty not to exceed $10,000, to be determined by the seriousness of the violation.

- An athlete agent in violation of the above acts may also be subject to:

-forfeiture of any right of repayment of anything of value either received by an Oklahoma NCAA athlete as an inducement to enter into any agent contract or received by an athlete before completion of the athlete’s last intercollegiate contest;

-payment of a refund of any consideration paid to the athlete agent on an athlete’s behalf; and

-payment of reasonable attorney’s fees and court costs incurred by an athlete in suing an athlete agent for a violation of this act.

-An athlete agent who knowingly or intentionally violates the registration or prohibited acts provision of this act commits a misdemeanor which is punishable by a fine of not more than $500 or by imprisonment of not to exceed one year, or both.

Athlete Agents Registered

-4 agents registered (as of Feb. 18, 1999)

State Contact Person

Julie Parrish
2300 North Lincoln St., Room 101
Oklahoma City, OK 73105
405/522-4560