Uniform Athlete Agents Act This Act is based on Indiana’s version of the Uniform Athlete Agents Act, which was originally drafted by the National Conference of Commissioners on Uniform State Laws (ULC). The ULC released the final draft of its Act in November 2000. This Act: • Establishes registration requirements for an athlete agent, • Authorizes the attorney general to regulate athlete agents, • Establishes requirements for agency contracts between student athletes and athlete agents, • Allows a student athlete to cancel an agency contract within 14 days after the contract is signed; • Establishes various criminal and civil penalties for violation of the Act; • Authorizes an action by an educational institution against an athlete agent or a former student athlete for damages caused by violation of the Act; • Modifies the crime of failure to disclose recruitment to include failure to disclose an endorsement contract ten days before the contract is executed, and • Provides that a consent to use a student athlete’s right of publicity is void if it is obtained under a void or voided agency contractor without required disclosures. Submitted as: Indiana SB 171 (enrolled version) Status: enacted as Public Law 54 of 2001. Suggested Legislation (Title, enacting clause, etc.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Chapter 1. [Short Title and Definitions.] Section 1. This Act may be cited as “The Uniform Athlete Agents Act.” Section 2. [Definitions.] The following definitions apply throughout this Act: (1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract. (2) “Applicant” means an individual who applies for a certificate of registration as an athlete agent under this Act. (3) “Athlete agent” means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. (4) “Athletic director” means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. (5) “Contact” means a communication, direct or indirect, between an athlete agent and a student athlete, to recruit or solicit the student athlete to enter into an agency contract.
The Council of State Governments
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