Section 4-412 – Retention of Records by Athlete Agent
(a) An athlete agent shall retain the following records for a period of 5 years: (1) the name of each individual represented by the athlete agent; (2) the address of each individual represented by the athlete agent; (3) any agency contract entered into by the athlete agent; and (4) any direct costs incurred by the athlete agent in the recruitment […]
Section 4-413 – Prohibited Activities
(a) An athlete agent, with the intent to induce a student–athlete to enter into an agency contract, may not: (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; (3) furnish anything of value to any individual […]
Section 4-414 – Prohibited Activities — Penalty
An athlete agent who violates § 4-413 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.
Section 4-415 – Right of Action by Educational Institution
(a) (1) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by violation of this subtitle. (2) In an action under this section, the court may award to the prevailing party costs and reasonable attorney’s fees. (b) Damages to an educational institution under subsection (a) of this section include […]
Section 4-416 – Civil Penalty
(a) Except as otherwise provided in this subtitle and subject to the provisions of § 4-407 of this subtitle, the Secretary may assess a civil penalty against a person who violates any provision of this subtitle not to exceed $25,000. (b) To determine the amount of the penalty, the Secretary shall consider: (1) the seriousness of the violation; […]
Section 4-417 – Construction
In applying and construing this subtitle, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Section 4-402 – Appointment of Secretary as Agent for Service of Process; Issuance of Subpoenas
(a) By acting as an athlete agent in the State, a nonresident individual appoints the Secretary as the individual’s agent for service of process in any civil action in the State related to the individual’s acting as an athlete agent in the State. (b) The Secretary may issue subpoenas for any material that is relevant to the […]
Section 4-418 – Electronic Signatures in Global and National Commerce Act
The provisions of this subtitle 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. No. 106-229, 114 Stat. 464 […]
Section 4-403 – Acting as Athlete Agent Without License
(a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in the State without holding a license under § 4-405 of this subtitle. (b) Before being issued a license, an individual may act as an athlete agent in the State for all purposes except signing an agency […]
Section 4-419 – Severability Clause
If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.