§ 5401. Short title.
§ 5401. Short title. This chapter may be cited as the “Delaware Uniform Athlete Agents Act.” 73 Del. Laws, c. 144, § 1;
§ 5402. Definitions.
§ 5402. Definitions. For purposes of this chapter: (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) “Athlete agent” means an individual who enters into an agency contract with a student-athlete or, directly or […]
§ 5403. Board of Athlete Agent Examiners; appointments; qualifications; term; vacancies; suspension or removal; compensation; meetings; quorum.
§ 5403. Board of Athlete Agent Examiners; appointments; qualifications; term; vacancies; suspension or removal; compensation; meetings; quorum.73 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 101; 75 Del. Laws, c. 281, §§ 1, 2; repealed by 78 Del. Laws, c. 376, § 2, eff. […]
§ 5404. Service of process; subpoenas.
§ 5404. Service of process; subpoenas.73 Del. Laws, c. 144, § 1; repealed by 78 Del. Laws, c. 376, § 2, eff. July 27, 2012.;
§ 5405. Athlete agents: registration required; void contracts.
§ 5405. Athlete agents: registration required; void contracts.73 Del. Laws, c. 144, § 1; repealed by 78 Del. Laws, c. 376, § 2, eff. July 27, 2012.;
§ 5406. Registration as athlete agent; form; requirements.
§ 5406. Registration as athlete agent; form; requirements.73 Del. Laws, c. 144, § 1; repealed by 78 Del. Laws, c. 376, § 2, eff. July 27, 2012.;
§ 5407. Certificate of registration; issuance or denial; renewal.
§ 5407. Certificate of registration; issuance or denial; renewal.73 Del. Laws, c. 144, § 1; 74 Del. Laws, c. 262, § 102; 75 Del. Laws, c. 436, § 53; repealed by 78 Del. Laws, c. 376, § 2, eff. July 27, 2012.;
§ 5408. Suspension, revocation, or refusal to renew registration.
§ 5408. Suspension, revocation, or refusal to renew registration.73 Del. Laws, c. 144, § 1; repealed by 78 Del. Laws, c. 376, § 2, eff. July 27, 2012.;
§ 5409. Temporary registration.
§ 5409. Temporary registration.73 Del. Laws, c. 144, § 1; repealed by 78 Del. Laws, c. 376, § 2, eff. July 27, 2012.;
§ 5410. Required form of contract.
§ 5410. 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: (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 […]
§ 5411. Notice to educational institution.
§ 5411. 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 […]
§ 5412. Student-athlete’s right to cancel.
§ 5412. 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 […]
§ 5413. Required records.
§ 5413. Required records. (a) An athlete agent shall retain the following records for a period of 5 years: (1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in the recruitment […]
§ 5414. Prohibited conduct.
§ 5414. Prohibited conduct. (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; […]
§ 5415. Criminal penalties.
§ 5415. Criminal penalties. An athlete agent who violates § 5414 of this title is guilty of a class A misdemeanor. Upon the first offense, the athlete agent shall be fined not less than $500 nor more than $1,000 for each offense, and in addition, may be imprisoned for not more than 1 year. For […]
§ 5416. Civil remedies.
§ 5416. 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 chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney’s fees. (b) Damages of an educational institution […]
§ 5417. Administrative penalty.
§ 5417. Administrative penalty.73 Del. Laws, c. 144, § 1; repealed by 78 Del. Laws, c. 376, § 2, eff. July 27, 2012.;
§ 5418. Uniformity of application and construction.
§ 5418. Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact similar statutes. 73 Del. Laws, c. 144, § 1;
§ 5419. Electronic Signatures in Global and National Commerce Act.
§ 5419. Electronic Signatures in Global and National Commerce Act. The provisions of this chapter 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 […]
§ 5420. Severability.
§ 5420. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. 73 […]