4. agent” means an individual who enters into an agency contract
with a s tudent-athlete or, directly or indirectly, recruits or
solicits a student-athlete to enter into an agency contract. The
term does not include a spouse, parent, sibling, [or]
grandparent, [or guardian] of the student-athlete or an
individual acting solely on behalf of a professional sports team
or professional sports organization. The term includes an
individual who represents to the public that the individual is an
athlete agent. • ( 3) “Athlete 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. • (4) “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. • ( 5) “Endorsement contract” means an
agreement under which a student-athlete is e mployed or
receives consideration to use on behalf of the other party any
value that the student-athlete may have because of publicity,
reputation, following, or fame obtained because of athletic
ability or performance. • ( 6) “Intercollegiate sport” means a
sport played at the collegiate level for which eligibility
requirements for participation by a student-athlete are
established by a national association for the promotion or
regulation of collegiate athletics. • (7) “Person” means an
individual, corporation, business trust, estate, trust, partnership,
l imited liability company, association, joint venture,
government; governmental subdivision, agency, or
instrumentality; public corporation; or any other legal or
commercial entity. • ( 8) “Professional-sports-services contract”
means an agreement under which an individual is employed or
agrees to render services as a player on a professional sports
team, with a professional sports organization, or as a
professional athlete. • ( 9) “Record” means information that is
inscribed on a tangible medium or that is stored in an electronic
6. acting on behalf of the student-athlete initiates communication
with the individual; and • ( 2) within seven days after an initial
act as an athlete agent, the individual submits an application to
register as an athlete agent in this State. • ( c) An agency
contract resulting from conduct in violation of this section is
void. The athlete agent shall return any consideration received
under the contract.
SECTION 5. REGISTRATION AS ATHLETE AGENT; FORM;
REQUIREMENTS.
• ( a) An applicant for registration shall submit an application
for registration to the [Secretary of State] in a form prescribed
by the [Secretary of State]. [An application fi led under this
section is a public record.] Except as otherwise provided in
subsection (b), the application must be in the name of an
individual and signed by the applicant under penalty of perjury
and 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 business or employer, if applicable;
• (3) any business or occupation engaged in by the applicant for
the fi ve 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
are willing to serve as references; • (6) the name, sport, and
last known team for each individual for whom the applicant
provided services as an athlete agent during the fi ve years next
preceding the date of submission of the application; • (7) the
names and addresses of all persons who are: • (A) with respect
to the athlete agent’s business if it is not a corporation, the
partners, offi cers, associates, or profi t-sharers; and • ( B) with
respect to a corporation employing the athlete agent, the offi
cers, directors, and any shareholder of the corporation with a
5% or greater interest; • (8) whether the applicant or any other
person named pursuant to paragraph (7) has been convicted of a
9. reproduced in any form without permission from the publisher,
except fair uses permitted under U.S. or applicable copyright
law.
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604 • ESSENTIALS OF SPORTS LAW
• (7) engaged in conduct that signifi cantly adversely refl ects on
the applicant’s credibility, honesty, or integrity.
• (d) In making a determination under subsection (c), the
[Secretary of State] shall consider: • (1) how recently the
conduct occurred; • (2) the nature of the conduct and the
context in which it occurred; and • (3) any other relevant
conduct of the applicant. • (e) An athlete agent may apply to
renew a registration by submitting an application for renewal in
a form prescribed by the [Secretary of State]. [An application fi
led under this section is a public record.] The application for
renewal must be signed by the a pplicant under penalty of
perjury and must contain current information on all matters
required in an original registration. • (f ) An individual who has
submitted an application for renewal of registration or l
icensure in another State, in lieu of submitting an application
for renewal in the form
prescribed pursuant to subsection (e), may fi le a copy of the
application for renewal and a valid certifi cate of registration
from the other State. The [Secretary of State] shall accept the
application for renewal from the other State as an application
for
renewal in this State if the application to the other State: • (1)
was submitted in the other State within the last six months and
the applicant certifi es the information contained in the
application for renewal is current; • (2) contains information
substantially similar to or more comprehensive than that
required in an application for renewal submitted in this State;
and • (3) was signed by the applicant under penalty of perjury. •
11. • ( 1) the amount and method of calculating the consideration to
be paid by the s tudent-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 entering into the contract or for providing the services; •
(2) the name of any person not listed in the application for
registration or renewal who will be compensated because the
student-athlete signed the agency contract; • (3) a description of
any expenses that the student-athlete agrees to reimburse; • (4)
a description of the services to be provided to the student-
athlete; • (5) the duration of the contract; and • (6) the date of
execution. • (c) An agency contract must contain, in close
proximity to the signature of the studentathlete, a conspicuous
notice in boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS
CONTRACT: • ( 1) YOU MAY LOSE YOUR ELIGIBILITY TO
COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; • (
2) BOTH YOU AND YOUR ATHLETE AGENT ARE
REQUIRED TO TELL YOUR ATHLETIC DIRECTOR, IF YOU
HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS
AFTER ENTERING INTO AN AGENCY CONTRACT; AND •
(3) 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. • ( e) The athlete agent shall give a copy
of the signed agency contract to the studentathlete at the time of
signing.
SECTION 11. NOTICE TO EDUCATIONAL INSTITUTION.
• (a) Within 72 hours after entering into an agency contract or
before the next scheduled athletic event in which the student-
athlete may participate, whichever occurs fi rst, the athlete
agent shall give notice in a record 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
13. contract: • (1) give any materially false or misleading
information or make a materially false promise or
representation; • (2) furnish anything of value to a student-
athlete before the student-athlete enters into the agency
contract; or • (3) furnish anything of value to any individual
other than the student-athlete or another registered athlete
agent. • (b) An athlete agent may not intentionally: • (1) initiate
contact with a student-athlete unless registered under this [Act];
• ( 2) refuse or willfully fail to retain or permit inspection of the
records required by Section 13; • (3) violate Section 4 by
failing to register; • (4) provide materially false or misleading
information in an application for registration or renewal of
registration; • (5) predate or postdate an agency contract; or •
(6) fail to notify a student-athlete prior to the student-athlete’s
signing an agency c ontract for a particular sport that the
signing by the student-athlete may make the student-athlete
ineligible to participate as a student-athlete in that sport.
SECTION 15. CRIMINAL PENALTIES. The commission of any
act prohibited by Section 14 by an athlete agent is a
[misdemeanor] [felony] punishable by []. SECTION 16. CIVIL
REMEDIES.
• (a) An educational institution has a right of action against an
athlete agent or a former s tudent-athlete for damages caused by
a violation of this [Act]. In an action under this section, the
court may award to the prevailing party costs and reasonable
attorney’s fees. • (b) Damages of an educational institution
under subsection (a) include losses and expenses incurred
because, as a result of the activities of an athlete agent or
former student-athlete, the educational institution was injured
by a violation of this [Act] or was penalized, disqualifi ed, 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 taken to mitigate sanctions. • (c) A right of action under
this section does not accrue until the educational institution
discovers or by the exercise of reasonable diligence would have
15. (NCCUSL) recently approved the Uniform Athlete Agent Act
(UAAA), a model state law governing the relationships between
student-athletes, athlete agents and academic institutions. The
National Collegiate Athletic Association (NCAA) and its
member institutions are seeking its adoption in every state, and
I am writing to urge your support and co-sponsorship of [S.
_________ or H.R. _________], recently introduced in the
[your state’s] legislature. The problems associated with illegal
athlete agent conduct are far greater than the casual observer
might believe. Far too often, the actions of athlete agents
engaged in unsavory practices result in the loss of student-
athlete eligibility, the imposition of fi nancial penalties on the
student-athlete’s institution and the taint of a “scandal” on both
the institution and the larger intercollegiate sports community.
In an effort to address these problems, at least 28 states have
enacted statutes regulating athlete agents. However, e xisting
laws vary considerably from state-to-state and many statutes
contain provisions that are vague and not enforced by the state.
As a result, athlete agents largely ignore existing state
registration requirements as well as other provisions contained
in current athlete agent laws. The purpose of the UAAA is to
protect the interests of student-athletes and institutions by
providing for a uniform regulation of athlete agents. The UAAA
provides for:
• U niformity of state laws. These laws are designed to provide
a single set of regulations that will ensure greater compliance
among athlete agents. • A reciprocal registration provision and
a reasonable fee schedule making agents more likely to register
due to the effi ciency of this process and the cost savings it
provides for athlete agents. • C onsumer information, both
professional and criminal in nature, to enable better evaluation
of the athlete agents to provide competent representation. •
Notice to institutions when a student-athlete signs an agency
contract. • T he Secretary of State or other appropriate agency
to issue subpoenas enabling the state to obtain relevant material
that will assist in the enforcement of the act. • Criminal, civil
18. reproduced in any form without permission from the publisher,
except fair uses permitted under U.S. or applicable copyright
law.
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Edition : Fourth Edition Account: s7348467
AGENCY LAW • 609
For the following questions, refer to the Uniform Athlete Agent
Act (UAAA).
Please assume
that you are a Texas resident who has registered with the
NFLPA.
You are recruiting a
student
-
athlete at the U. of Texas who is from Texas.
Assume that the state of Texas has
adopted the UAAA. (See Section 12.5.1 of our textbook)
a.
Is the UAA
A a state or federal law? Explain.
19. b.
To whom does the UAAA apply?
c.
Must you register in Texas under the UAAA?
Please explain.
d.
Referring to the UAAA, who has the right to issue a
certification?
e.
In situations where the agent has not registered, how does the
UA
AA handle
contracts that have been signed between the agent and the
athlete?
f.
Does a student
-
athlete have the right to cancel this contract?
If so, how long does
the right last?
g.
21. As of March 2010, the UAAA had been passed in 38 states, the
District of Columbia, and the U.S. Virgin
Islands:
• Alabama • Arizona • Arkansas • Colorado •
Connecticut • Delaware • District of Columbia • Florida •
Georgia • Hawaii • Idaho • Indiana • Iowa • Kansas • Kentucky •
Louisiana • Maryland • Minnesota •
Mississippi • Missouri • Nebraska • Nevada • New Hampshire •
New York • North Carolina • North
For the following questions, refer to the Uniform Athlete Agent
Act (UAAA). Please assume
that you are a Texas resident who has registered with the
NFLPA. You are recruiting a
student-athlete at the U. of Texas who is from Texas. Assume
that the state of Texas has
adopted the UAAA. (See Section 12.5.1 of our textbook)
a. Is the UAAA a state or federal law? Explain.
b. To whom does the UAAA apply?
c. Must you register in Texas under the UAAA? Please explain.
d. Referring to the UAAA, who has the right to issue a
certification?
e. In situations where the agent has not registered, how does the
UAAA handle
contracts that have been signed between the agent and the
athlete?
f. Does a student-athlete have the right to cancel this contract?
If so, how long does
the right last?
g. There are several prohibited acts. Name three of them.
12.5.1. Uniform Athlete Agent Act
In 2001, the National Conference of Commissioners on