(1) An educational institution or student athlete shall have a cause of action against an athlete agent for damages caused by a violation of ORS § 702.005 to 702.065, 702.991 and 702.994. In an action under this section, the court may award to the prevailing party costs and reasonable attorney fees.

Terms Used In Oregon Statutes 702.057

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) For the purposes of this section, damages of an educational institution or student athlete include losses and expenses incurred because, as a result of the conduct of an athlete agent, the educational institution or student athlete was injured by a violation of ORS § 702.005 to 702.065, 702.991 and 702.994 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.

(3) A cause of action under this section does not accrue until the educational institution or student athlete discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent.

(4) Any liability of the athlete agent under this section is several and not joint.

(5) ORS § 702.005 to 702.065, 702.991 and 702.994 do not restrict rights, remedies or defenses of any person under law or equity. [1999 c.1079 § 11; 2005 c.525 § 17; 2017 c.113 § 13]

 

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