58-87-401. Prohibited conduct. An athlete agent may not intentionally:
(1)
give a student athlete or, if the athlete is a minor, a parent or guardian of the athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the athlete, parent, or guardian to enter into an agency contract;
Terms Used In Utah Code 58-87-401
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
Athletic director: means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. See Utah Code 58-87-102
Contract: A legal written agreement that becomes binding when signed.
Educational institution: includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university. See Utah Code 58-87-102
Enrolled: means registered for courses and attending athletic practice or class. See Utah Code 58-87-102
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 58-87-102
Recruit or solicit: means attempting to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. See Utah Code 58-87-102
Registration: means registration as an athlete agent under this chapter. 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)
furnish anything of value to a student athlete or another individual, if to do so may result in loss of the athlete’s eligibility to participate in the athlete’s sport, unless:
(a)
the agent notifies the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll, not later than 72 hours after giving the thing of value; and
(b)
the athlete or, if the athlete is a minor, a parent or guardian of the athlete acknowledges to the agent in a record that receipt of the thing of value may result in loss of the athlete’s eligibility to participate in the athlete’s sport;
(3)
initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to recruit or solicit the athlete, parent, or guardian to enter into an agency contract unless registered under this chapter;
(4)
fail to create, retain, or permit inspection of the records required by Section 58-87-304;
(5)
fail to register when required by Section 58-87-201;
(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 athlete is a minor, a parent or guardian of the athlete before the athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in loss of the athlete’s eligibility to participate in the athlete’s sport;
(9)
encourage another individual to do any of the acts described in Subsections (1) through (8) on behalf of the agent; or
(10)
encourage another individual to assist any other individual in doing any of the acts described in Subsections (1) through (8) on behalf of the agent.
