Section 436.254

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2021, 2 histories   

  436.254.  Prohibited acts. — An athlete agent shall not intentionally:

  (1)  Give a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the student athlete, parent, or guardian to enter into an agency contract;

  (2)  Furnish anything of value to a student athlete or another individual, if to do so may result in loss of the student athlete's eligibility to participate in the student athlete's sport, unless:

  (a)  The athlete agent notifies 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, no later than seventy-two hours after giving the thing of value; and

  (b)  The student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete acknowledges to the athlete agent in a record that receipt of the thing of value may result in loss of the student athlete's eligibility to participate in the student athlete's sport;

  (3)  Initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete to recruit or solicit the student athlete, parent, or guardian to enter into an agency contract unless registered under sections 436.215 to 436.272;

  (4)  Fail to create, retain, or permit inspection of the records required by section 436.251;

  (5)  Fail to register if required under section 436.224;

  (6)  Provide materially false or misleading information in an application for registration or renewal of registration;

  (7)  Predate or postdate an agency contract;

  (8)  Fail to notify a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete before the student athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in loss of the student athlete's eligibility to participate in the student athlete's sport;

  (9)  Encourage another individual to do any of the acts described in subdivisions (1) to (8) of this section on behalf of the athlete agent; or

  (10)  Encourage another individual to assist any other individual in doing any of the acts described in subdivisions (1) to (8) of this section on behalf of the athlete agent.

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