§ 49-7-2101. Short Title
This part shall be known and may be cited as the “Revised Uniform Athlete Agents Act.”
§ 49-7-2102. Part Definitions
As used in this part: “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract; “Athlete agent”: Means an individual, whether or not registered under this part, who: Directly or indirectly recruits or solicits a student athlete […]
§ 49-7-2103. Authority — Procedure
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, applies to this part. The secretary of state may adopt rules under the Uniform Administrative Procedures Act to implement this part. A person, resident or nonresident, who does business in this state as an athlete agent, regardless of whether such person is registered pursuant […]
§ 49-7-2104. Athlete Agent — Registration Required — Void Contract
Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under this part. Before being issued a certificate of registration under this part an individual may act as an athlete agent in this state for all purposes except signing an […]
§ 49-7-2105. Registration as Athlete Agent — Application — Requirements — Reciprocal Registration
An applicant for 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. An application filed under this section is a public record for purposes of title 10, chapter 7. The applicant must be an individual, and the application must […]
§ 49-7-2106. Certificate of Registration — Issuance or Denial — Renewal
Except as otherwise provided in subsection (b), the secretary of state shall issue a certificate of registration to an applicant for registration who complies with § 49-7-2105(a) and who has submitted the requisite fee. The secretary of state may refuse to issue a certificate of registration to an applicant for registration under § 49-7-2105(a) if […]
§ 49-7-2107. Suspension, Revocation, or Refusal to Renew Registration
After proper notice and an opportunity for hearing, the secretary of state may limit, suspend, revoke, or refuse to renew a registration of an individual registered under § 49-7-2106(a) for conduct that would have justified refusal to issue a certificate of registration under § 49-7-2106(b). After proper notice and an opportunity for hearing, the secretary […]
§ 49-7-2108. Temporary Registration
The secretary of state may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.
§ 49-7-2109. Registration and Renewal Fees
An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in the following amount: Five hundred dollars ($500) for an initial application for registration; Five hundred dollars ($500) for registration based on a certificate of registration issued by another state; Two hundred dollars ($200) for an application […]
§ 49-7-2110. Required Form of Agency Contract
An agency contract shall be in writing and shall be signed, or otherwise authenticated, by the parties in the presence of a notary public who shall duly notarize the contract. An agency contract shall contain: A statement that the athlete agent is registered as an athlete agent in this state and a list of any […]
§ 49-7-2111. Notice to Educational Institution
As used in this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message. Not later than seventy-two (72) hours after entering into an agency contract, or before the next scheduled athletic event in which […]
§ 49-7-2112. Student Athlete’s Right to Cancel
A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than fourteen (14) days after the contract is signed. A student athlete or, if the athlete is a minor, […]
§ 49-7-2113. Required Records
An athlete agent shall create and retain for five (5) years from the time of entering an agency contract records of the following: The name and address of each individual represented by the agent; Each agency contract entered into by the agent; and The direct costs incurred by the agent in the recruitment or solicitation […]
§ 49-7-2114. Prohibited Conduct
An athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, shall not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of […]
§ 49-7-2115. Criminal Penalty
An athlete agent who violates § 49-7-2114 is guilty of a Class E felony and, on conviction, is punishable by a fine of no more than twenty-five thousand dollars ($25,000) or confinement for no less than one (1) year nor more than six (6) years, or both.
§ 49-7-2116. Civil Remedy
An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this part. An educational institution or student athlete is adversely affected by an act or omission of the agent only […]
§ 49-7-2117. Civil Penalty
The secretary of state may assess a civil penalty against an athlete agent not to exceed fifty thousand dollars ($50,000) for a violation of this part.
§ 49-7-2118. 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.
§ 49-7-2119. Relation to Electronic Signatures in Global and National Commerce Act
This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. […]
§ 49-7-2120. Severability
If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part which can be given effect without the invalid provision or application, and to this end the provisions of this part are severable.