Except as otherwise provided in Subsection (2), an individual may not act as an athlete agent in this state without holding a certificate of registration under this chapter.
Terms Used In Utah Code 58-87-201
Agency contract: means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or an endorsement contract. See Utah Code 58-87-102
Athlete agent: means an individual, whether or not registered under this chapter, who:
(i)
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;
(ii)
for compensation or in anticipation of compensation related to a student athlete's participation in athletics:
(A)
serves the 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
(B)
manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
(iii)
in anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics:
(A)
gives consideration to the student athlete or another person;
(B)
serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
(C)
manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes. See Utah Code 58-87-102
Contract: A legal written agreement that becomes binding when signed.
Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Utah Code 58-87-102
Registration: means registration as an athlete agent under this chapter. See Utah Code 58-87-102
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. See Utah Code 58-87-102
Student athlete: means 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. See Utah Code 58-87-102
(2)
Before being issued a certificate of registration under this chapter an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:
(a)
a student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and
(b)
no later than seven days after an initial act that requires the individual to register 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.
Renumbered and Amended by Chapter 225, 2017 General Session
