A. An educational institution may bring a cause of action against an athlete agent or a former student athlete for damages caused by a violation of this article. The court may award to the prevailing party costs and reasonable attorney fees in any action brought pursuant to this section.
Terms Used In Arizona Laws 15-1775
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Athlete agent: means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. See Arizona Laws 15-1762
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a government, a governmental subdivision, a government agency, a government instrumentality, a public corporation or any other legal or commercial entity. See Arizona Laws 15-1762
- Student athlete: means an individual who engages in, is eligible to engage in or may be eligible in the future to engage in any intercollegiate sport. See Arizona Laws 15-1762
B. An educational institution may recover damages pursuant to subsection a including losses and expenses incurred as a result of the conduct of an athlete agent or a former student athlete if the educational institution was injured by a violation of this article 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 likely to be imposed by such an organization.
C. A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence should have discovered the violation by the athlete agent or the former student athlete.
D. Any liability of the athlete agent or the former student athlete under this section is several and not joint.
E. This article does not restrict other legal or equitable rights, remedies or defenses of any person.