78C-100. Civil remedies. (a) 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 Article. In an action under this section, the court may award costs and reasonable attorneys’ fees to the prevailing party. (b) Damages suffered by an educational institution […]
78C-101. Administrative penalty. The Secretary of State may assess a civil penalty against an athlete agent not to exceed twenty-five thousand dollars ($25,000) for a violation of this Article. (2003-375, s. 2.)
78C-102. 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. (2003-375, s. 2.)
78C-103. Electronic Signatures in Global and National Commerce Act. The provisions of this Article governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of those records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National […]
78C-104. Severability. If any provision of this Article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable. (2003-375, s. […]
78C-105. Rules. The Secretary of State may, in accordance with Chapter 150B of the General Statutes, adopt rules necessary to carry out the provisions of this Article. (2003-375, s. 2.)
78C-85. Title. This Article may be cited as the "Uniform Athlete Agents Act". (2003-375, s. 2.)
78C-86. Definitions. The following definitions apply in this Article: (1) Agency contract. – 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) Athlete agent. – An individual who enters into an agency contract with a student-athlete or, directly […]
78C-87. Service of process; subpoenas. (a) By acting as an athlete agent in this State, a nonresident individual appoints the Secretary of State as the individual’s agent for service of process in any civil action in this State related to the individual’s acting as an athlete agent in this State. (b) The Secretary of State […]
78C-88. Athlete agents; registration required; exceptions; void contracts. (a) Except as otherwise provided in this section, an individual may not act as an athlete agent in this State without holding a certificate of registration under G.S. 78C-90 or G.S. 78C-92. (b) Before being issued a certificate of registration, an individual may act as an athlete […]
78C-89. Registration as athlete agent; form; requirements. (a) An individual seeking registration as an athlete agent shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. The application must be in the name of an individual and, except as otherwise provided in subsection (b) of […]
78C-90. Certificate of registration; issuance or denial; renewal. (a) Except as otherwise provided in subsection (b) of this section, the Secretary of State shall issue a certificate of registration to an individual who complies with G.S. 78C-89(a) or whose application has been accepted under G.S. 78C-89(b). (b) The Secretary of State may refuse to issue […]
78C-91. Suspension; revocation; refusal to renew registration. (a) The Secretary of State may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under G.S. 78C-90(b). (b) The Secretary of State may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper […]
78C-92. Temporary registration. The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. (2003-375, s. 2.)
78C-93. Registration; renewal of fees. An application for registration or renewal of registration must be accompanied by a fee in the following amount: (1)……. Application for registration………………………………………………………. $200.00 (2)……. Application for registration based upon a certificate of ……….. registration or licensure issued by another state……………………………. 200.00 (3)……. Application for renewal of registration………………………………………… 200.00 (4)……. Application […]
78C-94. Required form of contract. (a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain the following: (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 […]
78C-95. 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 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 […]
78C-96. Student-athlete’s right to cancel. (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, […]
78C-97. Required records; waiver of attorney-client privilege. (a) An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by the athlete agent. (2) Any agency contract entered into by the athlete agent. (3) Any direct costs incurred by the athlete agent in […]
78C-98. Prohibited conduct. (a) An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, shall 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) […]
