Section 436.218

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2021, 3 histories   

  436.218.  Definitions. — As used in sections 436.215 to 436.272, the following terms mean:

  (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":

  (a)  An individual, registered or unregistered under sections 436.215 to 436.272, who:

  a.  Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;

  b.  For compensation or in anticipation of compensation related to a student athlete's participation in athletics:

  (i)  Serves the student athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or

  (ii)  Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes; or

  c.  In anticipation of representing a student athlete for a purpose related to the student athlete's participation in athletics:

  (i)  Gives consideration to the student athlete or another person;

  (ii)  Serves the student athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or

  (iii)  Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes;

  (b)  "Athlete agent" does not include an individual who:

  a.  Acts solely on behalf of a professional sports team or organization; or

  b.  Is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:

  (i)  Recruits or solicits the student athlete to enter into an agency contract;

  (ii)  For compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the student athlete as a professional athlete or member of a professional sports team or organization; or

  (iii)  Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete;

  (3)  "Athletic director", 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)  "Director", the director of the division of professional registration;

  (5)  "Division", the division of professional registration;

  (6)  "Educational institution", a public or private elementary school, secondary school, technical or vocational school, community college, college, or university;

  (7)  "Endorsement contract", 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;

  (8)  "Enrolled" or "enrolls", the act of registering, or having already registered, for courses at an educational institution and attending or planning to attend athletic practice or class;

  (9)  "Intercollegiate sport", 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;

  (10)  "Interscholastic sport", a sport played between educational institutions that are not community colleges, colleges, or universities;

  (11)  "Licensed, registered, or certified professional", an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing;

  (12)  "Person", 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;

  (13)  "Professional sports services contract", an agreement under which an individual is employed as a professional athlete and agrees to render services as a player on a professional sports team or with a professional sports organization;

  (14)  "Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

  (15)  "Recruit or solicit", an attempt to influence the choice of an athlete agent by a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete.  Recruit or solicit does not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent;

  (16)  "Registration", registration as an athlete agent under sections 436.215 to 436.272;

  (17)  "Sign", the intent to authenticate or adopt a record:

  (a)  To execute or adopt a tangible symbol; or

  (b)  To attach to or logically associate with the record an electronic symbol, sound, or process;

  (18)  "State", 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;

  (19)  "Student athlete", an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in any interscholastic or intercollegiate sport.  Student athlete does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport.

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(L. 2004 S.B. 1122, A.L. 2005 S.B. 177, A.L. 2021 H.B. 273)