Utah Code 58-87-403. Civil remedies

58-87-403. Civil remedies.

(1)

An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution:

Terms Used In Utah Code 58-87-403

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

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

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

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

Plaintiff: The person who files the complaint in a civil lawsuit.

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

(a)

is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or

(b)	suffers financial damage.

(2)

A plaintiff that prevails in an action under this section may recover damages, costs, and reasonable attorney fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.

(3)	This chapter does not restrict rights, remedies, or defenses of any person under law or equity.

Renumbered and Amended by Chapter 225, 2017 General Session

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