Section 436.245

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2021, 2 histories   

  436.245.  Notice of contract, when — violation of athlete agent law, educational institution to notify director. — 1.  As used in this section, "communicating or attempting to communicate" shall mean contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.

  2.  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 the athlete agent has reasonable grounds to believe the student athlete intends to enroll.

  3.  If an athlete agent enters into an agency contract with a student athlete and the student athlete subsequently enrolls at an educational institution, the athlete agent shall notify the athletic director of the educational institution of the existence of the contract within seventy-two hours after the agent knows or should have known the student athlete enrolled.

  4.  If an athlete agent has a relationship with a student athlete before the student athlete enrolls in an educational institution and receives an athletic scholarship from the educational institution, the athlete agent shall notify the athletic director of the educational institution of the relationship no later than ten days after the enrollment if the athlete agent knows or should have known of the enrollment and:

  (1)  The relationship was motivated in whole or in part by the intention of the athlete agent to recruit or solicit the student athlete to enter an agency contract in the future; or

  (2)  The athlete agent directly or indirectly recruited or solicited the student athlete to enter an agency contract before the enrollment.

  5.  An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:

  (1)  The student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete to influence the student athlete or parent or guardian to enter into an agency contract; or

  (2)  Another individual to have that individual influence the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete to enter into an agency contract.

  6.  If a communication or attempted communication with an athlete agent is initiated by a student athlete or another individual on behalf of the student athlete, the athlete agent shall give notice in a record to the athletic director of any educational institution at which the student athlete is enrolled.  The notification shall be made no later than ten days after the communication or attempted communication.

  7.  An educational institution that becomes aware of a violation of sections 436.215 to 436.272 by an athlete agent shall notify the director of the violation and any professional league or players' association with which the educational institution is aware the agent is licensed or registered.

  8.  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 in a record inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract and the name and contact information of the athlete agent.

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