UNIFORM ATHLETE AGENTS ACT
January 2000
UNIFORM ATHLETE AGENTS ACT
WITH PREFATORY NOTE AND REPORTER'S NOTESCopyright© 1999
By
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
_________________________________________________________________ _____________________
The ideas and conclusions set forth in this draft, including the proposed statutory language and any comments or reporter's notes, have not been passed upon by the National Conference of Commissioners on Uniform State Laws or the Drafting Committee. They do not necessarily reflect the views of the Conference and its Commissioners and the Drafting Committee and its Members and Reporters. Proposed statutory language may not be used to ascertain the intent or meaning of any promulgated final statutory proposal.
DRAFTING COMMITTEE ON UNIFORM ATHLETE AGENTS ACT
RICHARD C. HITE, Suite 600, 200 W. Douglas Avenue, Wichita, KS 67202, Chair
JERRY L. BASSETT, Legislative Reference Service, 613 Alabama State House, 11 S. Union Street, Montgomery, AL 36130
TERESA ANN BECK, House Legislative Services Office, P.O. Box 1018, Jackson, MS 39215
ROBERT N. DAVIS, University of Mississippi, School of Law, Law Center Room 559, University, MS 38677, National Conference Reporter
CHARLES W. EHRHARDT, Florida State University, College of Law, 425 W. Jefferson Street, Tallahassee, FL 32306, Enactment Plan Coordinator
THOMAS L. JONES, University of Alabama School of Law, University Station, P.O. Box 865557, Tuscaloosa, AL 35486-0050
JOSHUA M. MORSE, III, Florida State University, College of Law, Tallahassee, FL 32306
HARVEY S. PERLMAN, University of Nebraska, College of Law, P.O. Box 830902, Lincoln, NE 68583
FREDERICK P. STAMP, JR., U.S. District Court, P.O. Box 791, Wheeling, WV 26003
HARRY M. WALSH, 456 Summit Avenue, # 206, St. Paul, MN 55102
HARRY WIGGINS, Missouri Senate, Room 423, State Capitol, Jefferson City, MO 65101
EX OFFICIO
JOHN L. McCLAUGHERTY, P.O. Box 553, Charleston, WV 25322, President
JOHN P. BURTON, P.O. Box 1357, Suite 101, 123 E. Marcy Street, Santa Fe, NM 87501 Division Chair
AMERICAN BAR ASSOCIATION ADVISORS
DAVID E. CARDWELL, 200 South Orange Avenue, P.O. Box 1526, Orlando, FL 32801, State & Local Government Law Section Advisor
RODNEY K. SMITH, Capital University Law School, Columbus, OH 43215, Advisor
EXECUTIVE DIRECTOR
FRED H. MILLER, University of Oklahoma, College of Law, 300 Timberdell Road, Norman, OK 73019, Executive Director
WILLIAM J. PIERCE, 1505 Roxbury Road, Ann Arbor, MI 48104, Executive Director Emeritus
Copies of this Act may be obtained from:
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
211 E. Ontario Street, Suite 1300
Chicago, Illinois 60611
312/915-0195
UNIFORM ATHLETE AGENTS ACT
TABLE OF CONTENTS
SECTION 1. SHORT TITLE 1
SECTION 2. DEFINITIONS 1
SECTION 3. ADMINISTRATION 3
SECTION 4. ATHLETE AGENTS: REGISTRATION REQUIRED 4
SECTION 5. REGISTRATION AS ATHLETE AGENT 4
SECTION 6. ISSUANCE, DENIAL, SUSPENSION, REVOCATION OF, OR REFUSAL TO RENEW CERTIFICATE OF REGISTRATION 7
SECTION 7. RENEWAL 9
SECTION 8. SUSPENSION, REVOCATION, OR REFUSAL TO RENEW REGISTRATION10
SECTION 9. TEMPORARY REGISTRATION 10
SECTION 10. REGISTRATION FEE 11
SECTION 11. LIABILITY INSURANCE 11
SECTION 12. FORM OF CONTRACT 12
SECTION 13. NOTICE TO EDUCATIONAL INSTITUTION 14
SECTION 14. STUDENT-ATHLETE'S RIGHT TO CANCEL 14
SECTION 15. PROHIBITED ACTS 15
SECTION 16. RECORDKEEPING 16
SECTION 17. CIVIL REMEDIES 16
SECTION 18. ADMINISTRATIVE PENALTY 17
SECTION 19. CRIMINAL PENALTY 17
SECTION 20. APPLICATION AND CONSTRUCTION 17
SECTION 21. SEVERABILITY 18
SECTION 22. REPEALS 18
SECTION 23. EFFECTIVE DATE 18
UNIFORM ATHLETE AGENTS ACT
PREFATORY NOTE
A high percentage of athlete agents provide valuable services which are greatly needed by student-athletes who are qualified to seek professional sports services contracts. The services usually include negotiations with professional sports organizations and securing endorsement contracts. The services may also include financial and investment management, tax planning, legal counseling and a variety of other career management services.
Unfortunately, there are other athlete agents, or would be agents, who are motivated solely by a desire to obtain a "cut" of a student-athlete's future income. These unscrupulous individuals are willing to use any means to obtain an agency contract with any student-athlete who has any possibility of a professional career. The multi-million dollar contracts now being offered to many student-athletes have provided additional impetus to this minority.
The damage done by improper and
illegal enticements to student-athletes is far greater
than the casual observer might believe. The student-athlete who enters into an agency
contract loses any remaining eligibility and may diminish his or her value in the
professional sports market. Additionally, in some States, the student-athlete may be
subject to civil and criminal sanctions. The educational institution (usually a college or
university) attended by the student-athlete may be subject to severe financial penalties.
Penalties can result either from loss of eligibility to participation
participate in post-season
events or from the effect of programs weakened by sanctions on ticket sales. Perhaps
even more damaging is the impact of a "scandal" on the integrity and credibility of
educational institutions and on intercollegiate sports in general.
Since 1981 at least 28 States have enacted statutes regulating athlete agents. Those statutes are not uniform and do not provide for reciprocal enforcement. Several major universities and the NCAA have asked the Conference to draft this Uniform Act and have pledged their support in obtaining enactments. The NCAA agreed to finance the drafting project. Although treading on regulatory ground the Conference has usually avoided the Conference, with some reluctance, agreed to draft a Uniform Act.
UNIFORM ATHLETE AGENTS ACT
SECTION 101 1. SHORT
TITLE. This [Act] may be cited as the Uniform Athlete
Agents
Act.
Reporter's Notes
The use of term "athlete agent" reflects the current usage in many States that have existing law on the same subject; e.g. Alabama [Section 8-26-1, et. seq.,Code of Alabama 1975]; Colorado [Section 23-16-101, et. seq., Colorado Revised Statutes Annotated]; Iowa [Section 9A.1 et. seq., Iowa Code Annotated]; Louisiana [Louisiana Statutes Annotated, 4:424, Section 421 et. seq.]; Mississippi [Section 73-41-1, et. seq., Mississippi Code]; Missouri [Section 436.200, et. seq., Missouri Code]; North Carolina [Chapter 78C, North Carolina Code]; Oklahoma [Oklahoma Code Annotated, Section 70-821.1, et. seq.]; South Carolina [South Carolina Code Annotated, Section 59-102-10, et. seq.]; Texas [Title 132, Chapter 12, Article 8871,Vernon's Texas Code Annotated]; and Washington [Section 18.175.010. et. seq., Washington Business and Professions Code].
SECTION 102 2.
DEFINITIONS. In this [Act]:
(2)(1) "Agency contract" means an agreement in which a
student-athlete
authorizes a person an athlete agent to negotiate or solicit on
behalf of the student-athlete
a professional-sports-services contract or an endorsement contract.
(1)(2) "Athlete agent" means an individual who enters into an
agency contract
with a student-athlete or who, directly or indirectly, contacts,
recruits, or solicits a
student-athlete to enter into an agency contract, a professional sports-services
contract, or
an endorsement contract. The term does not include an individual acting solely on
behalf
of a professional sports team or professional sports organization or an individual acting
solely for his or her the individual's spouse, child, grandchild,
or
ward. The term includes
an individual who holds himself or herself out as an athlete agent.
(3) "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
(4) "Contact" means a
communication, direct or indirect, between an athlete agent
and a student-athlete, to induce or attempt to induce a student-athlete to enter into an
agency contract, professional sports-services contract, or endorsement
contract. Contact
does not include estimates of the position in any professional draft the student-athlete
could reasonably expect to have.
(5) "Endorsement contract"
means a contract under which a student-athlete is
employed or receives remuneration consideration to
utilize use on behalf of the other
contracting party any value or utility that the student-athlete may have
because of
publicity, reputation, following, or fame obtained because of athletic ability or
performance.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(7)
"Professional-sports-services contract" means a contract under which a
student-athlete an individual is employed or agrees to render services as a
player on a
professional sports team or professional sports organization or as a professional
athlete.
(8) "Registration" means registration as an athlete agent pursuant to this [Act].
(9) "State" means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(10) "Student-athlete" means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport.
An If
an individual is not a student-athlete if the individual is ineligible
eligible to
participate in a particular sport, unless: the individual is
not
a student-athlete for purposes
of that sport.
(A)
the individual's eligibility to participate in that particular sport is restored; or
(B)
the individual is eligible to engage in, or may be eligible in the future to engage
in, a different intercollegiate sport, in which case the individual is a student-athlete for
purposes of the different sport.
Reporter's Notes
In paragraph (1), the definition of "athlete agent" is limited to individuals, i.e., a corporation that employs athlete agents would not be required to register as an athlete agent but the individuals would. The term includes not only an individual who enters into an agency contract with a student-athlete but also the "runners" agents use to recruit the student-athlete to sign with a particular agent. The Drafting Committee considered and decided against exclusions for individuals otherwise licensed by the State, such as attorneys. The committee did not intend to require an attorney to register as an athlete agent in order to render legal services, as opposed to services as an athlete agent, to a student-athlete.
In paragraph (10), "student-athlete" is defined to allow the Act to apply to a two-sport athlete who has signed a professional contract in one sport but has eligibility remaining in another sport. It is also defined to include individuals who are not yet in college or even eligible for college in an attempt to prevent agents from inducing high school students to jeopardize their college eligibility. It is also defined to include a high school dropout who may become eligible by completing a GED and a high school graduate who does not go to college immediately.
SECTION
103 3. ADMINISTRATION. The [Secretary of
State] shall administer
this [Act].
Reporter's Notes
The Secretary of State appears to be a common office to administer an athlete agent registration program.
SECTION
104 4. ATHLETE AGENTS: REGISTRATION
REQUIRED.
(a) Except as otherwise provided in subsection (b),
an individual may not act as an
athlete agent in this State, or make contact with a
student-athlete. who is attending or has
expressed a written intention to attend an educational institution in this State, before
registering with the [Secretary of State].
(b) An individual who is not registered as an athlete agent in this State may make contact with a student-athlete if:
(1) the student-athlete or an individual on behalf of the student-athlete initiates communication with the individual; and
(2) within seven days after the contact made by the individual in response to the student-athlete's initiation of communication, the individual files an application to register as an athlete agent in this State.
(c) An agency
contract resulting from an act conduct in violation of this
section is
void and no individual owes any money or other consideration under the contract. The
athlete agent shall return any money or other consideration received under the contract.
Reporter's Notes
In subsection (a), although not dealt with specifically, the Committee thought it clear that an individual in State A contacting a student-athlete in State B is acting as an athlete agent in both states.
In subsection (b), the Committee intended to allow an individual to respond to inquiries before being required to register as an athlete agent.
In subsection (c), the intention of the Drafting Committee was to discourage inappropriate contacts by making any resulting agency contract void and allowing a student-athlete to keep any inducement given to him or her to enter into the void contract.
SECTION
105 5. REGISTRATION AS ATHLETE AGENT;
FORM;
REQUIREMENTS.
(a) An applicant for registration as an
athlete agent shall submit a written
application for registration to the [Secretary of State] on a form prescribed by the
[Secretary of State]. [An application filed under this section is a public record].
Except
as
otherwise provided in subsection (b), the application must state or contain:
(1) the name of the applicant and the address of the applicant's principal place of business;
(2) the
name of the applicant's firm business or employer, if
applicable;
(3) any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application;
(4) a description of the applicant's:
(A) formal training as an athlete agent;
(B) practical experience as an athlete agent; and
(C) educational background relating to the applicant's activities as
an athlete agent;
(5) the names and addresses of three individuals not related to the applicant who can provide references;
(6) the
name, sport, and last known team, club, or organization of all
individuals represented by for whom the applicant
provided
services as an athlete agent
during the five years next preceding the date of submission of the application;
(7) the
names and addresses of all persons who have a financial interest in the
operation of the business conduct of the applicant as an athlete
agent including partners,
associates, or profit-sharers, but not including other than
employees on fixed salaries;
(8) any crime, other than a minor traffic offense, of which the
applicant
has been convicted;
(8) whether the applicant or any other person named pursuant to
paragraph (7)
has been convicted of a crime that, if committed in this State, would be a crime involving
moral turpitude, and identify the crime.
(9) any
administrative or judicial determination that the applicant, as an athlete
agent, has made a false, misleading, deceptive, or fraudulent representation as
an
athlete
agent;
(10)
any instance in which the actions conduct of the applicant
or any other
person named pursuant to paragraph (7) resulted in the imposition of a sanction,
suspension, or declaration of ineligibility to participate in an interscholastic or
intercollegiate athletic event on a student-athlete or educational institution;
(11)
any sanction, suspension, or disciplinary action taken against the applicant
or any other person named pursuant to paragraph (7) arising out of the applicant's
occupational or professional conduct misconduct in his or
her occupation or profession;
(12)
any denial of an application or suspension, revocation, for,
suspension or
revocation of, or refusal to renew, the applicant's
registration or licensure of the applicant
or any other person named pursuant to paragraph (7) as an athlete agent in any State;
and
(13) the applicant's signature under penalty of perjury.
(b) An
individual who has filed submitted an application to
be for registration or
licensure as an athlete agent in another State, in lieu of filing
submitting an application in
this State, may file submit a copy of the application from the
other State. The [Secretary
of State] shall accept the application from the other State as an application for registration
in this State if the application from the other State:
(1) was
filed submitted in the other State within the next
preceding last six
months or
the applicant certifies the
information contained in the application is current; and
(2)
contains information substantially similar to or more detailed than that
required in an application filed submitted in this
State. ; and
(3) was filed under penalty of perjury.
Reporter's Notes
Most of the requirements in subsection (a) are fairly common to registration acts. The Committee felt that paragraph (7), and paragraphs (9) to (12), inclusive, were critical to evaluating the qualifications of an athlete agent.
With regard to (a)(6), the Committee recognized that athlete agents who are attorneys may serve the client in a dual capacity. It was the intention of the Committee however, to have the Act override any special privileges an attorney might have. In other words, if an attorney acts as an athlete agent in negotiating an endorsement contract, the attorney would not be able to assert an attorney-client privilege with respect to the existence of the contract.
With regard to subsection (b), the athlete agent industry felt, and the Committee agreed, that it was important to allow a single registration in those States enacting the Act.
SECTION
106
6. ISSUANCE,
DENIAL, SUSPENSION, REVOCATION OF,
OR REFUSAL TO RENEW CERTIFICATE OF REGISTRATION;
ISSUANCE
OR DENIAL.
(b)(a) Except as
otherwise provided in subsection (c), the [Secretary of State] shall
issue a certificate of registration to an individual who complies with Section
105 5(a). A
certificate of registration is valid for [two] years.
(a)(b) Except as otherwise provided in subsection (c),
The the [Secretary of State]
shall issue a certificate of registration to an individual who has complied with Section
105
5 (b) and submits satisfactory proof that the individual is licensed
or registered or licensed
in the State in which the application submitted pursuant to Section 105
5 (b) was filed and
if the [Secretary of State] determines the requirements for
licensure or registration or
licensure in the other State are substantially similar to or more stringent than those of this
State.
(c) The
[Secretary of State] may refuse to issue a certificate of registration if the
[Secretary of State] determines that the applicant has engaged in conduct that has a
significant adverse impact effect on the applicant's credibility,
honesty, or integrity, or and
ability to serve as an athlete agent. In making the determination, the [Secretary of State]
may consider whether the applicant has:
(1)
been convicted of a crime which that, if committed in this
State,
would be a
felony or a misdemeanor crime involving moral turpitude;
(2)
knowingly made a materially false, misleading, deceptive, or fraudulent
representation as an athlete agent or in the application;
(3)
engaged in acts conduct that would disqualify the applicant
from serving in
a fiduciary capacity;
(4)
committed any act engaged in conduct prohibited by Section
115 15;
(5) had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure in any State; or
(6)
taken action engaged in conduct or failed to engage in conduct the
consequence of which was that that resulted in the
imposition of a sanction, suspension, or
declaration of ineligibility to participate in an interscholastic or intercollegiate athletic
event was imposed on a student-athlete or educational institution.
(d) In making a determination under subsection (c), the [Secretary of State] shall consider:
(1) the period between the conduct and the application;
(2) the nature of the conduct and the context in which it occurred; and
(3) any
activity conduct of the applicant since the conduct under
subsection (c)
which demonstrates that the conduct is unlikely to recur.
Reporter's Notes
The intention of subsections (c) and (d) is not to have certain conduct automatically disqualify an individual from registration, but to allow the licensing agency to make a qualitative determination of the likelihood the individual, if registered, would engage in conduct detrimental to a student-athlete or an education institution, or both.
SECTION
107 7. RENEWAL.
(a) An athlete
agent may apply to renew a registration by filing submitting an
application for renewal in a form prescribed by the [Secretary of State]. The application
for renewal must contain current information on matters required in an original
registration.
(b) An
individual who has filed submitted an application for renewal
of
registration or licensure in another State, in lieu of filing
submitting an application for
renewal in this State, may file a copy of the application for renewal from the other State.
The [Secretary of State] [shall] [may] accept the application for renewal from the other State as an application for renewal in this State if the application for renewal of registration or licensure from the other State:
(1)
the application from the other State was filed
submitted in the other State
within the next preceding last six months or the applicant
certifies the information
contained in the application for renewal is current; and
(2)
the application for renewal from the other State contains information
substantially similar to or more detailed than that required in an application for renewal
filed submitted in this State.
(c) A renewal of a registration is valid for two years.
Reporter's Notes
The Committee felt that renewal of registration ought to utilize renewals in other States in the same way that original registrations do.
SECTION
108 8. SUSPENSION, REVOCATION, OR REFUSAL TO
RENEW
REGISTRATION. The [Secretary of State] may suspend, revoke, or refuse to
renew a
registration for any reason conduct that would have justified
denial of a registration under
Section 106 6(c).
Reporter's Notes
The Committee intended that the issuance of a temporary license should be discretionary and the discretion should be cast in terms broad enough to include issuing a license in contested cases. The Committee did not feel it necessary that a temporary license had to be issued to protect an individual who had student-athlete initiated contact with a student-athlete under Section 4(b), since all that is required of the individual is that an application for registration be filed.
SECTION
109 9. TEMPORARY
REGISTRATION. The [Secretary of State] may
issue a temporary certificate of registration while considering an application for registration or
renewal.
SECTION
110 10. REGISTRATION FEE. An application for registration or renewal of
registration must be accompanied by a fee in the following amount:
(1) [$] for an initial application for registration;
(2) [$] for an application for registration based upon a certificate of registration or licensure issued by another State;
(3) [$] for an application for renewal of registration; or
(4) [$] for an application for renewal of registration based upon an application for renewal of registration or licensure filed in another State.
Reporter's Notes
Although the question is one for each State to determine for itself, the Committee felt that most States would be inclined to set fees in amounts to recover the costs of registration. In that case, a registration or renewal fee based on a registration or renewal in another State ought to be less than a registration or renewal fee where the registering State was required to evaluate the application rather than determine whether one had been issued in another State and the status of that State's law on athlete agents.
[SECTION
111 11. LIABILITY
INSURANCE.
(a) An
application for registration or renewal must be accompanied by evidence of
errors and omissions liability insurance covering errors and
omissions applicable to the
activities of an athlete agent in the amount of [($100,000)] or equivalent security.
(b) If an
athlete agent fails to does not provide evidence of
errors and omissions
liability insurance covering errors and omissions in the amount of
[$100,000] or equivalent
security to the [Secretary of State] within 30 days after receipt of a notice of cancellation
issued by an insurer, the [Secretary of State] shall suspend the certificate of registration
issued to that the athlete agent until the athlete agent provides
evidence of errors and
omissions liability insurance coverage for errors and omissions in the amount of
[$100,000] or equivalent security.]
Reporter's Notes
Since there was no clear indication that a multi-state errors and omissions policy for athlete agents is available, the Committee did not address directly whether an athlete agent operating in multiple States could furnish a single policy applicable to all States in which the agent operates or would be required to have a separate policy in each State.
SECTION
112 12. FORM OF CONTRACT.
(a)
An Notwithstanding [the Uniform Electronic Transactions Act],
an agency
contract must be in writing, signed by the student-athlete and, if the student-athlete is a
minor, by a parent or guardian of the student-athlete[,] [and the court
having jurisdiction],
and a copy must be furnished the athlete agent shall give a copy of
the contract to the
student-athlete at the time of signing.
(b) An agency contract must state or contain:
(1) the
amount and method of calculating the money or other consideration to
be paid by the student-athlete for services to be provided by the athlete agent under the
contract and any other consideration the athlete agent has received or will receive from
any other source for obtaining entering into the contract or
will receive for providing the
contractual services;
(2) the
name of any person not listed in the application for registration who
or
renewal that will receive any portion of the compensation
consideration;
(3) a description of any expenses that the student-athlete agrees to reimburse;
(4) a
description of the services to be furnished provided to the
student-athlete; and
(5) the duration of the contract.
(c) An agency contract must contain, in close proximity to the signature of the student-athlete, a conspicuous notice in boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT, YOU WILL LOSE YOUR ELIGIBILITY TO COMPETE NONPROFESSIONALLY IN YOUR SPORT. BOTH YOU AND YOUR ATHLETE AGENT ARE REQUIRED TO TELL YOUR ATHLETIC DIRECTOR, IF YOU HAVE ONE, IF YOU SIGN THIS CONTRACT. IF YOU SIGN, YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THE CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
(d) An agency contract that does not conform to this section is voidable by the student-athlete.
Reporter's Notes
With respect to subsection (a), the Committee, in view of the disparity in sophistication between the parties, felt it be important there be a hard copy of the contract.
With regard to subsection (b), the Committee was particularly concerned with anecdotal information that "gifts," such as automobiles, given to student-athletes to induce them to enter into agency contracts are in fact loans that are repaid from the student-athlete's future earnings. Accordingly, the Committee sought to have the contract clearly disclose those types of arrangements.
In subsection (d), the
Committee felt that since the student-athlete loses eligibility
when an agency contract is signed, a contract that does not comply with this section ought
to give the student-athlete the benefit of his or her bargain and therefore should be
voidable at the option of the student-athlete. The student-athlete would exercise this
option under Section 114 14 and would be entitled to keep any
inducements received
from the agent. This should be contrasted with an agency contract with an individual
required to register as an athlete agent but who did not. In that case, the Committee felt
the student-athlete should not be able, in effect, to ratify an unlawful agreement.
SECTION
113 13. NOTICE TO EDUCATIONAL
INSTITUTION.
(a) Within 72
hours after entering into an agency contract or before the student-athlete participates
in the next scheduled athletic event in which the student-athlete may
participate, whichever comes occurs first, the athlete
agent
shall give written notice of the
existence of the contract to the athletic director of the educational institution at which the
student-athlete is enrolled or the athlete agent has reasonable grounds to believe the
student-athlete intends to enroll.
(b) Within 72
hours after entering into an agency contract or before the student-athlete participates
in the next athletic event in which the student-athlete may participate,
whichever occurs first, the student-athlete shall inform the athletic director of the
educational institution at which the student-athlete is enrolled that he or she has entered
into an agency contract.
SECTION
114 14. STUDENT-ATHLETE'S RIGHT TO
CANCEL.
(a) A student-athlete may cancel an agency contract by giving written notice to the athlete agent of the cancellation within 14 days after the contract is signed.
(b) A student-athlete may not waive the right to cancel an agency contract.
(c) If a student-athlete cancels an agency contract, the student-athlete is not obligated to pay any consideration to the athlete agent and the student-athlete is not required to return anything of value or other consideration received from the agent to induce the signing of the contract.
Reporter's Notes
The Committee intended to have the inducement worded as broadly as possible so that other consideration is included even if it is not a thing of value in the normal sense.
SECTION
115 15. PROHIBITED ACTS.
(a) An athlete agent may not do any of the following to induce a student-athlete to enter into an agency contract:
(1) give any false or misleading information or make a false promise or representation;
(2)
furnish anything of value or benefit other consideration to a
student-athlete
before signing an agency contract with the student-athlete; or
(3)
furnish anything of value or benefit other consideration to any
individual
other than the student-athlete before signing the agency contract with the student-athlete.
(b) An athlete agent may not:
(1) predate or postdate any agency contract, professional-sports-services contract, or endorsement contract;
(2)
do business engage in conduct as an athlete agent without
complying with
this [Act];
(3)
initiate contact with a student-athlete before being
unless registered under
this [Act];or
(4)
refuse or willfully fail to maintain or permit inspection of the records
required by Section 116 16.
SECTION
116 16.
RECORDKEEPING.
(a) An athlete
agent shall maintain at the athlete agent's place of business for five
years a copy of any agency contract entered into between the athlete agent and a
student-athlete for a period of five years.
(b) Information required by subsection (a) to be maintained is open to inspection by the [Secretary of State] during normal business hours.
SECTION
117 17. CIVIL REMEDIES.
(a)
An athlete agent who violates this [Act] is liable for damages caused by the
violation and for reasonable attorney's fees.
(a) An educational institution has a cause of action for damages caused by a violation of this act by an athlete agent. In an action under this section, an educational institution may also recover costs and reasonable attorney's fees.
(b) Damages of an educational institution include damages incurred because, as a result of the activities of an athlete agent, the educational institution was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action to mitigate sanctions.
(c) This [Act]
does not restrict rights, remedies, or defenses under the common
law or equity.
(d) A claim under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the alleged violation by the athlete agent.
Reporter's Notes
The purpose of this section is to give a cause of action to an educational institution that is sanctioned as a consequence of activities of an athlete agent. For example, in the circumstance where an athlete agent enters into an agency contract with a student-athlete and fails to notify the institution within 72 hours or prior to the next participation by the student-athlete and the institution is disqualified from post-season participation because of that, it is the Committee's intention to create a cause of action for the resulting loss of revenue. Subsection (c) makes clear the cause of action is not the exclusive cause of action or source of damages that may be available.
SECTION
118 18. ADMINISTRATIVE PENALTY. The
[Secretary of State]
may assess a civil penalty not to exceed [$25,000] for a violation of this [Act].
Reporter's Notes
The procedure for imposing the penalty and due process procedures are left to the adopting State's administrative procedure law.
SECTION
119 19. CRIMINAL PENALTY.
[(a)] The commission of any act prohibited under Section
115 15(a) or (b)(4) by an athlete agent
is a [misdemeanor][felony] punishable by [ ] and revocation of the license of the
athlete agent.
[(b)] A violation of Section 13(b) by a student-athlete is a [misdemeanor] punishable by [ ].
Reporter's Notes
The Committee
recognizes that criminalizing the conduct in Section 115 15(a)
raises
questions about interfering in legitimate contracts wherein a student-athlete, such as a
football or basketball player who wants to forego some portion of their eligibility,
knowingly signs a contract with an agent that will terminate his or her collegiate eligibility.
However, it was felt that the large number of times when the inducements were
improperly used justified the restriction, particularly when a prohibited inducement could
be given after signing the contract.
SECTION
120 20. APPLICATION AND
CONSTRUCTION. In applying and
construing this Uniform Act, consideration must be given to the need to promote uniformity of
the law
with respect to the its subject matter of this
[Act] among States enacting that enact
it.
SECTION
121 21. SEVERABILITY. If any provision of this [Act] or its application to any
person or circumstance is held invalid, the invalidity does not affect other provisions or
applications of
this [Act] which can be given effect without the invalid provision or application, and to this end
the
provisions of this [Act] are severable.
SECTION
122 22. REPEALS.
The following acts and parts of acts are hereby repealed:
SECTION
123 23. EFFECTIVE DATE. This [Act] takes effect ___________.