Section 436.260

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2004, 2 histories, see footnote   (history) 

  436.260.  Educational institution cause of action, when, damages, accrual of right of action. — 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 sections 436.215 to 436.272.  In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.

  2.  Damages of an educational institution under subsection 1 of this section include losses and expenses incurred because as a result of the activities of an athlete agent or former student athlete the educational institution was injured by a violation of sections 436.215 to 436.272 or was penalized, disqualified, 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.

  3.  A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would 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.  Sections 436.215 to 436.272 do not restrict rights, remedies, or defenses of any person under law or equity.

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(L. 2004 S.B. 1122)