(a) In this subtitle the following words have the meanings indicated. (b) (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) “Agency contract” includes a written agreement for current or future representation in which a student–athlete authorizes a […]
(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 […]
(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 […]
(a) An applicant for a license shall: (1) submit to the Secretary an application on the form the Secretary requires; and (2) pay to the Secretary a $25 application fee. (b) In addition to any other information required on the application, the application must be in the name of an individual and, except as otherwise provided in subsection (d) […]
(a) Except as otherwise provided in subsection (b) of this section, the Secretary shall issue a license to an individual who: (1) complies with § 4-404(a) of this subtitle or whose application has been accepted under § 4-404(d) of this subtitle; and (2) pays to the Secretary a $1,000 license fee. (b) (1) Subject to the hearing provisions of § […]
(a) Subject to the hearing provisions of § 4-407 of this subtitle, the Secretary may reprimand a licensee, suspend, or revoke a license for conduct that would have justified denial of a license under § 4-405(b) of this subtitle. (b) (1) Instead of or in addition to reprimanding the licensee or suspending or revoking a license under subsection […]
(a) Except as provided in § 10-226 of the State Government Article, before the Secretary takes any final action under § 4-405(b), § 4-406, or § 4-416 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary. (b) The Secretary shall give notice and […]
The Secretary shall pay all moneys collected under this subtitle into the General Fund of the State.
(a) An agency contract must be in a record signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) 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 agent […]
(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 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 enrolled or […]
(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed. (b) A student-athlete may not waive the right to cancel an agency contract. (c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any […]
(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 […]
(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 […]
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.
(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 […]
(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; […]
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.
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 […]
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.
The Secretary shall adopt regulations to carry out this subtitle.
