9A.1 THROUGH 9A.12 Repealed by 2009 Acts, ch 33, §
20.
9A.101 TITLE.
This chapter shall be known as the "Uniform Athlete Agents
Act". Section History: Recent Form
2009 Acts, ch 33, §1
9A.102 DEFINITIONS.
As used in this chapter, unless the context otherwise requires:
1. "Agency contract" means an agreement pursuant to 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 indirectly,
recruits or solicits a student athlete to enter into an agency
contract. "Athlete agent" includes an individual who represents
to the public that the individual is an athlete agent. "Athlete
agent" does not include a spouse, parent, sibling, grandparent, or
guardian of the student athlete or an individual acting solely on
behalf of a professional sports team or professional sports
organization. "Athlete agent" does not include an individual
licensed to practice as an attorney in this state when the individual
is acting as a representative for a student athlete, unless the
attorney also represents the student athlete in negotiations for an
agent contract.
3. "Athletic director" means an individual responsible for
administering the overall athletic program of an educational
institution or, if an educational institution has separately
administered athletic programs for male students and female students,
the athletic program for males or the athletic program for females,
as appropriate.
4. "Contact" means a direct or indirect communication between
an athlete agent and a student athlete, to recruit or solicit the
student athlete to enter into an agency contract.
5. "Endorsement contract" means an agreement under which a
student athlete is employed or receives consideration to use on
behalf of the other party any value that the student athlete may have
because of publicity, reputation, following, or fame obtained because
of athletic ability or performance.
6. "Intercollegiate sport" means a sport played at the
collegiate level for which eligibility requirements for participation
by a student athlete are established by a national association for
the promotion or regulation of collegiate athletics.
7. "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, government, governmental subdivision, agency, or
instrumentality, public corporation, or any other legal or commercial
entity.
8. "Professional sports services contract" means an agreement
under which an individual is employed, or agrees to render services,
as a player on a professional sports team, with a professional sports
organization, or as a professional athlete.
9. "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
10. "Registration" means registration as an athlete agent
pursuant to this chapter.
11. "State" means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
12. "Student athlete" means an individual who engages in, is
eligible to engage in, or may be eligible in the future to engage in,
any intercollegiate sport. If an individual is permanently
ineligible to participate in a particular intercollegiate sport, the
individual is not a student athlete for purposes of that sport. Section History: Recent Form
2009 Acts, ch 33, §2
9A.103 SERVICE OF PROCESS -- SUBPOENAS.
1. 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.
2. The secretary of state may issue subpoenas for any material
that is relevant to the administration of this chapter. Section History: Recent Form
2009 Acts, ch 33, §3
9A.104 ATHLETE AGENTS -- REGISTRATION REQUIRED --
VOID CONTRACTS.
1. Except as otherwise provided in subsection 2, an individual
shall not act as an athlete agent in this state without holding a
certificate of registration under section 9A.106 or 9A.108.
2. Before being issued a certificate of registration, an
individual may act as an athlete agent in this state for all purposes
except signing an agency contract, if all of the following occur:
a. A student athlete or another person acting on behalf of
the student athlete initiates communication with the individual.
b. Within seven days after an initial act as an athlete
agent, the individual submits an application for registration as an
athlete agent in this state.
3. An agency contract resulting from conduct in violation of this
section is void and the athlete agent shall return any consideration
received under the contract. Section History: Recent Form
2009 Acts, ch 33, §4
Referred to in § 9A.114
9A.105 REGISTRATION AS ATHLETE AGENT -- FORM --
REQUIREMENTS.
1. An applicant for registration 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. The application shall be in the name of an individual
and, except as otherwise provided in subsection 2, signed or
otherwise authenticated by the applicant under penalty of perjury,
and contain the following information:
a. The name of the applicant and the address of the
applicant's principal place of business.
b. The name of the applicant's business or employer, if
applicable.
c. Any business or occupation engaged in by the applicant for
the five years immediately preceding the date of submission of the
application.
d. A description of the applicant's qualifications,
including:
(1) Formal training as an athlete agent.
(2) Practical experience as an athlete agent.
(3) Educational background relating to the applicant's activities
as an athlete agent.
e. The names and addresses of three individuals not related
to the applicant who are willing to serve as references.
f. The name, sport, and last known team of each individual
for whom the applicant acted as an athlete agent during the five
years immediately preceding the date of submission of the
application.
g. The names and addresses of all persons who have or claim
an ownership interest in the applicant's business, including:
(1) The partners, members, officers, managers, associates, or
profit-sharers of the business if it is not a corporation.
(2) The officers, directors, and any shareholder of the
corporation having an interest of five percent or greater in a
corporation employing the athlete agent.
h. Whether the applicant or any person named pursuant to
paragraph "g" has been convicted of a crime that, if committed in
this state, would be a crime involving moral turpitude or which is a
felony, and identify the crime.
i. Whether there has been any administrative or judicial
determination that the applicant or any person named pursuant to
paragraph "g" has made a materially false, misleading, deceptive,
or fraudulent representation.
j. Any instance in which the conduct of the applicant or any
person named pursuant to paragraph "g" resulted in the imposition
of a sanction, suspension, or declaration of ineligibility to
participate in an interscholastic or intercollegiate athletic event
on, of, or by a student athlete or educational institution.
k. Any sanction, suspension, or disciplinary action taken
against the applicant or any person named pursuant to paragraph
"g" arising out of occupational or professional conduct.
l. Whether there has been any denial of an application for,
suspension or revocation of, or refusal to renew, the registration or
licensure of the applicant or of any person named pursuant to
paragraph "g" as an athlete agent in any state.
2. An individual who has submitted an application for, and holds
a certificate of, registration or licensure as an athlete agent in
another state may submit a copy of the application and certificate in
lieu of submitting an application in the form prescribed pursuant to
subsection 1. The secretary of state shall accept the application
and the certificate from the other state as an application for
registration in this state if the application to the other state
complies with all of the following:
a. Was submitted in the other state within the six-month
period immediately preceding the submission of the application in
this state and the applicant certifies that the information contained
in the application in the other state is current.
b. Contains information substantially similar to or more
comprehensive than that required in an application submitted in this
state.
c. Was signed by the applicant under penalty of perjury. sp;Section History: Recent Form
2009 Acts, ch 33, §5
Referred to in § 9A.106
9A.106 CERTIFICATE OF REGISTRATION -- ISSUANCE OR
DENIAL -- RENEWAL.
1. Except as otherwise provided in subsection 2, the secretary of
state shall issue a certificate of registration to an individual who
complies with section 9A.105, subsection 1, or whose application has
been accepted under section 9A.105, subsection 2.
2. The secretary of state may refuse to issue a certificate of
registration if the secretary of state determines that the applicant
has engaged in conduct that has a significant adverse effect on the
applicant's fitness to act as an athlete agent. In making the
determination, the secretary of state may consider whether the
applicant has done the following:
a. Been convicted of a crime that, if committed in this
state, would be a crime involving moral turpitude or a felony.
b. Made a materially false, misleading, deceptive, or
fraudulent representation in the application or as an athlete agent.
c. Engaged in conduct that would disqualify the applicant
from serving in a fiduciary capacity.
d. Engaged in conduct prohibited by section 9A.114.
e. Had a certificate of registration or licensure as an
athlete agent suspended, revoked, or denied or been refused renewal
of a certificate of registration or licensure as an athlete agent in
any state.
f. Engaged in conduct which resulted in the imposition of a
sanction, suspension, or declaration of ineligibility to participate
in an interscholastic or intercollegiate athletic event on, of, or by
a student athlete or educational institution.
g. Engaged in conduct that significantly adversely reflects
on the applicant's credibility, honesty, or integrity.
3. In making a determination under subsection 2, the secretary of
state shall consider the following:
a. How recently the conduct occurred.
b. The nature of the conduct and the context in which it
occurred.
c. Any other relevant conduct of the applicant.
4. An athlete agent may apply to renew a certificate of
registration by submitting an application for renewal in a form
prescribed by the secretary of state. An application filed under
this section is a public record. The application for renewal must be
signed by the applicant under penalty of perjury and must contain
current information on all matters required in an original
application for registration.
5. An individual who has submitted an application for renewal of
a certificate of registration or licensure in another state, in lieu
of submitting an application for renewal in the form prescribed
pursuant to subsection 4, may file a copy of the application for
renewal and a valid certificate of registration or licensure from the
other state. The secretary of state shall accept the application for
renewal from the other state as an application for renewal in this
state if the application to the other state complies with all of the
following:
a. Was submitted in the other state within the six-month
period immediately preceding the filing in this state and the
applicant certifies the information contained in the application for
renewal in the other state is current.
b. Contains information substantially similar to or more
comprehensive than that required in an application for renewal
submitted in this state.
c. Was signed by the applicant under penalty of perjury.
6. An original certificate of registration or a renewal of a
certificate of registration is valid for two years. Section History: Recent Form
2009 Acts, ch 33, §6
Referred to in § 9A.104, 9A.107
9A.107 SUSPENSION, REVOCATION, OR REFUSAL TO RENEW
REGISTRATION.
1. The secretary of state may suspend, revoke, or refuse to renew
a certificate of registration for conduct that would have justified
denial of a certificate of registration under section 9A.106,
subsection 2.
2. The secretary of state may deny, suspend, revoke, or refuse to
renew a certificate of registration or licensure only after proper
notice and an opportunity for a hearing held in accordance with
chapter 17A. Section History: Recent Form
2009 Acts, ch 33, §7
9A.108 TEMPORARY REGISTRATION.
The secretary of state may issue a temporary certificate of
registration while an application for registration or renewal of
registration is pending. Section History: Recent Form
2009 Acts, ch 33, §8
Referred to in § 9A.104
9A.109 REGISTRATION AND RENEWAL FEES.
An application for registration or renewal of registration shall
be accompanied by a reasonable registration or renewal of
registration fee sufficient to offset expenses incurred in the
administration of this chapter as established by the secretary of
state. Section History: Recent Form
2009 Acts, ch 33, §9
9A.110 REQUIRED FORM OF CONTRACT.
1. An agency contract shall be in a record, signed, or otherwise
authenticated by the parties.
2. An agency contract shall contain the following information:
a. 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 has received or will receive from any other source for
entering into the contract or for providing the services.
b. The name of any person not listed in the application for
registration or renewal of registration who will be compensated
because the student athlete signed the agency contract.
c. The description of any expenses that the student athlete
agrees to reimburse.
d. The description of the services to be provided to the
student athlete.
e. The duration of the contract.
f. The date of execution of the contract.
3. An agency contract must contain, in close proximity to the
signature of the student athlete, a conspicuous notice in boldface
type in capital letters stating:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE
IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST
NOTIFY YOUR ATHLETIC DIRECTOR; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT.
CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
4. An agency contract that does not conform to this section is
voidable by the student athlete. If a student athlete voids an
agency contract, the student athlete is not required to pay any
consideration under the contract or to return any consideration
received from the athlete agent to induce the student athlete to
enter into the contract.
5. The athlete agent shall give a record of the signed or
otherwise authenticated agency contract to the student athlete at the
time of execution of the contract. Section History: Recent Form
2009 Acts, ch 33, §10
9A.111 NOTICE TO EDUCATIONAL INSTITUTION.
1. Within seventy-two 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 at which the athlete agent has
reasonable grounds to believe the student athlete intends to enroll.
2. Within seventy-two hours after entering into an agency
contract or before the next athletic event in which the student
athlete may participate, whichever occurs first, the student athlete
shall inform the athletic director of the educational institution at
which the student athlete is enrolled or intends to enroll that the
student athlete has entered into an agency contract. Section History: Recent Form
2009 Acts, ch 33, §11
9A.112 STUDENT ATHLETE'S RIGHT TO CANCEL.
1. A student athlete may cancel an agency contract by giving
notice of the cancellation to the athlete agent in a record within
fourteen days after the contract is signed.
2. A student athlete shall not waive the right to cancel an
agency contract.
3. If a student athlete cancels an agency contract, the student
athlete is not required to pay any consideration under the contract
or to return any consideration received from the athlete agent to
induce the student athlete to enter into the contract. Section History: Recent Form
2009 Acts, ch 33, §12
9A.113 REQUIRED RECORDS.
1. An athlete agent shall retain the following records for a
period of five years:
a. The name and address of each individual represented by the
athlete agent.
b. Any agency contract entered into by the athlete agent.
c. Any direct costs incurred by the athlete agent in the
recruitment or solicitation of a student athlete to enter into an
agency contract.
2. Records required to be retained pursuant to subsection 1 are
open to inspection by the secretary of state during normal business
hours. Section History: Recent Form
2009 Acts, ch 33, §13
Referred to in § 9A.114
9A.114 PROHIBITED CONDUCT.
1. An athlete agent, with the intent to induce a student athlete
to enter into an agency contract, shall not do any of the following:
a. Give any materially false, misleading, deceptive, or
fraudulent information or make a materially false promise or a
materially false, misleading, deceptive, or fraudulent
representation.
b. Furnish anything of value to a student athlete before the
student athlete enters into the agency contract.
c. Furnish anything of value to any individual other than the
student athlete or another registered athlete agent.
2. An athlete agent shall not intentionally:
a. Initiate contact with a student athlete unless registered
under this chapter.
b. Refuse or fail to retain or permit inspection of the
records required to be retained by section 9A.113.
c. Fail to register when required by section 9A.104.
d. Provide materially false or misleading information in an
application for registration or renewal of registration.
e. Predate or postdate an agency contract.
f. Fail to notify a student athlete before the student
athlete signs or otherwise authenticates an agency contract for a
particular sport that the signing or authentication may make the
student athlete ineligible to participate as a student athlete in
that sport. Section History: Recent Form
2009 Acts, ch 33, §14
Referred to in § 9A.106, 9A.115
9A.115 CRIMINAL PENALTIES.
An athlete agent who violates section 9A.114 is guilty of a
serious misdemeanor. Section History: Recent Form
2009 Acts, ch 33, §15
9A.116 CIVIL REMEDIES.
1. 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 costs and reasonable attorney fees to the prevailing
party.
2. Damages to an educational institution under subsection 1
include losses and expenses incurred because, as a result of the
conduct of an athlete agent or former student athlete, the
educational institution was injured by a violation of this chapter or
was sanctioned, declared ineligible, or suspended from participation
in athletics by a national association for the promotion and
regulation of athletics, by an athletic conference, or by reasonable
self-imposed disciplinary action taken to mitigate sanctions likely
to be imposed by such an association.
3. A right of action under this section does not accrue until the
educational institution discovers or by the exercise of reasonable
diligence should have discovered the violation by the athlete agent
or former student athlete.
4. Any liability of the athlete agent or the former student
athlete under this section is several and not joint.
5. This chapter does not restrict rights, remedies, or defenses
of any person under law or equity. Section History: Recent Form
2009 Acts, ch 33, §16
9A.117 ADMINISTRATIVE PENALTY.
The secretary of state may assess a civil penalty against an
athlete agent not to exceed twenty-five thousand dollars for a
violation of this chapter. Section History: Recent Form
2009 Acts, ch 33, §17
9A.118 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
the subject matter of this chapter among states that enact the
uniform athlete agents Act. Section History: Recent Form
2009 Acts, ch 33, §18
9A.119 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, shall be construed as conforming to the requirements of
section 102 of the federal Electronic Signatures in Global and
National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000),
codified at 15 U.S.C. § 7001 et seq., as amended. Section History: Recent Form
2009 Acts, ch 33, §19