§ 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 […]
§ 23-16-216. Civil Penalty
On motion of the attorney general or the district attorney, the court may impose a civil penalty of not more than twenty-five thousand dollars for a violation of this part 2. Moneys collected under this section shall be transmitted to the state treasurer and credited to the general fund. Source: L. 2008: Entire part added, […]
§ 23-16-217. Uniformity of 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 its subject matter among states that enact it. Source: L. 2008: Entire part added, p. 1014, § 1, effective July 1.
§ 23-16-218. Electronic Signatures in Global and National Commerce Act
The provisions of this part 2 governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the “Electronic Signatures in Global and National Commerce Act”, Pub.L. 106-229, 114 Stat. 464 (2000), […]
§ 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 […]