§ 23-16-219. Severability
If any provision of this part 2 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 2 that can be given effect without the invalid provision or application, and to this end, the provisions of this part 2 are severable. Source: […]
§ 23-16-301. Compensation and Representation of Student Athletes at Institutions of Higher Education – Prohibited Acts – Contracts – Definitions
As used in this part 3, unless the context otherwise requires: “Advisory contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit, on behalf of the student athlete, compensation from the use of the student athlete’s name, image, or likeness. The term: Does not include a professional-sports-services contract, as […]
§ 23-16-203. Service of Process – Subpoenas
At all times while acting as an athlete agent in this state, a nonresident individual shall continuously maintain in this state a registered agent. The registered agent shall be: An individual who is eighteen years of age or older and whose primary residence or usual place of business is in this state; A domestic entity […]
§ 23-16-209. Required Form of Contract
An agency contract must be in a record, signed or otherwise authenticated by the parties. An agency contract must state or contain: The amount and method of calculating the 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 […]
§ 23-16-210. Notice to Educational Institution
Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, 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 […]
§ 23-16-211. Student Athlete’s Right to Cancel
A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed. A student athlete may not waive the right to cancel an agency contract. If a student athlete cancels an agency contract, the student athlete is not […]
§ 23-16-212. Required Records
An athlete agent shall retain the following records for a period of five years: The name and address of each individual represented by the athlete agent; Any agency contract entered into by the athlete agent; and Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter […]
§ 23-16-213. Prohibited Conduct
An athlete agent, with the intent to induce a student athlete to enter into an agency contract, may not: Give any materially false or misleading information or make a materially false promise or representation; Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or Furnish anything of […]
§ 23-16-214. Criminal Penalties
[ Editor’s note: This version of this section is effective until March 1, 2022. ] An athlete agent who violates section 23-16-213 is guilty of a class 2 misdemeanor, as provided in section 18-1.3-501, C.R.S., for a first offense and is guilty of a class 6 felony, as provided in section 18-1.3-401, C.R.S., for a […]
§ 23-16-215. Civil Remedies – Temporary Restraining Orders – Injunctions
An educational institution has a right of action against an athlete agent or a former student athlete for damages caused by a violation of this part 2. In an action under this section, the court may award to the prevailing party costs and reasonable attorney fees. Damages of an educational institution under subsection (a) of […]