South carolina athlete agent registration

Sports Science (Quality Work,

For the following questions, refer to the Uniform Athlete Agent Act (UAAA). Please assume that you are a Texas resident who has registered with the NFLPA. You are recruiting a student-athlete at the U. of Texas who is from Texas. Assume that the state of Texas has adopted the UAAA. (See Section 12.5.1 of our textbook)

a. Is the UAAA a state or federal law? Explain.

b. To whom does the UAAA apply?

1. Must you register in Texas under the UAAA? Please explain.

1. Referring to the UAAA, who has the right to issue a certification?

1. In situations where the agent has not registered, how does the UAAA handle contracts that have been signed between the agent and the athlete?

1. Does a student-athlete have the right to cancel this contract? If so, how long does the right last?

1. There are several prohibited acts. Name three of them.

12.5.1. Uniform Athlete Agent Act

In 2001, the National Conference of Commissioners on Uniform State Laws approved a draft of legislation entitled the Uniform Athlete Agent Act (UAAA; see note 1). The power of a uniform act is that it creates legislation that is the same across each state in the country. The Uniform Athlete Agent Act was proposed to each state government in the country, and it is then up to the individual states whether the act will be considered and adopted.

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AGENCY LAW • 599

As of March 2010, the UAAA had been passed in 38 states, the District of Columbia, and the U.S. Virgin Islands:

• Alabama • Arizona • Arkansas • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maryland • Minnesota • Mississippi • Missouri • Nebraska • Nevada • New Hampshire • New York • North Carolina • North Dakota • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • U.S. Virgin Islands • Washington

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600 • ESSENTIALS OF SPORTS LAW

• West Virginia • Wisconsin • Wyoming

Three states had active UAAA legislation in their legislative chambers:

• California • Illinois • New Jersey

Three states had existing, non-UAAA laws designed to regulate athlete agents:

• California • Michigan • Ohio Nine states and one territory had no existing law regulating athlete agents:

• Alaska • Illinois • Maine • Massachusetts • Montana • New Jersey • New Mexico • Puerto Rico • Vermont • Virginia Beginning in 1997, the NCAA, in conjunction with the National Conference of Commissioners on Uniform State Laws, sought to draft legislation that would make the athlete agent laws of every state consistent. In 2001, 28 states had athlete agent laws; however, the regulations were often vastly different, complex, and confusing due to their lack of uniformity. The NCAA supported the Uniform Athlete Agent Act in order to supply athletes and agents alike with one set of rules and regulations to follow when conducting business. The act is intended to benefi ts agents, athletes, and colleges. While agents now have clearer rules and regulations to follow, the administrative hassles have only increased as states have failed to adopt reciprocity agreements regarding agent registration. The athlete will know his or her rights regardless of the state in which he or she attends school. Finally, colleges will be better able to police the actions of athlete agents under this new legislation. However, the UAAA is only as strong as its enforcement, which must come from state administrative agencies and individual affected parties, such as competing agents and educational institutions.

NOTES 1. The following is the legislation approved by the NCAA and the National Conference of Commissioners for Uniform State Laws: Uniform Athlete Agents Act (2000)* Uniform Athlete Agents Act

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AGENCY LAW • 601

SECTION 1. SHORT TITLE. This [Act] may be cited as the Uniform Athlete Agents Act. SECTION 2. DEFINITIONS. In this [Act]: • ( 1) “Agency contract” means an agreement in which a student-athlete authorizes a p erson to negotiate or solicit on behalf of the student-athlete a professional-sports services contract or an endorsement contract. • ( 2) “Athlete agent” means an individual who enters into an agency contract with a s tudent-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. The term does not include a spouse, parent, sibling, [or] grandparent, [or guardian] of the student-athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. The term includes an individual who represents to the public that the individual is an athlete agent. • ( 3) “Athlete director” means an 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. • (4) “Contact” means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract. • ( 5) “Endorsement contract” means an agreement under which a student-athlete is e mployed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. • ( 6) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics. • (7) “Person” means an individual, corporation, business trust, estate, trust, partnership, l imited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. • ( 8) “Professional-sports-services contract” means an agreement under which an individual is employed or agrees to render services as a player on a professional sports team, with a professional sports organization, or as a professional athlete. • ( 9) “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. • (10) “Registration” means registration as an athlete agent pursuant to this [Act]. • ( 11) “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. • ( 12) “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. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the

individual is not a student-athlete for purposes of that sport. SECTION 3. ADMINISTRATION; SERVICE OF PROCESS; SUBPOENAS. • (a) The [Secretary of State] shall administer this [Act]. • ( b) By engaging in the business of an athlete agent in this State, a nonresident individual appoints the [Secretary of State] as the individual’s agent to accept service of process in any civil action related to the individual’s business as an athlete agent in this State. • [ (c) The [Secretary of State] may issue subpoenas for any relevant material under this [Act].]

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602 • ESSENTIALS OF SPORTS LAW

SECTION 4. ATHLETE AGENTS: REGISTRATION REQUIRED.

• ( a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this State before being issued a certifi cate of registration under Section 6 or 8. • ( b) An individual may act as an athlete agent before being issued a certifi cate of registration for all purposes except signing an agency contract if: • ( 1) a student-athlete or another acting on behalf of the student-athlete initiates communication with the individual; and • ( 2) within seven days after an initial act as an athlete agent, the individual submits an application to register as an athlete agent in this State. • ( c) An agency contract resulting from conduct in violation of this section is void. The athlete agent shall return any consideration received under the contract.

SECTION 5. REGISTRATION AS ATHLETE AGENT; FORM; REQUIREMENTS.

• ( a) An applicant for registration shall submit an application for registration to the [Secretary of State] in a form prescribed by the [Secretary of State]. [An application fi led under this section is a public record.] Except as otherwise provided in subsection (b), the application must be in the name of an individual and signed by the applicant under penalty of perjury and must state or contain: • (1) the name of the applicant and the address of the applicant’s principal place of business; • (2) the name of the applicant’s business or employer, if applicable; • (3) any business or occupation engaged in by the applicant for the fi ve years next preceding the date of submission of the application; • (4) a description of the applicant’s: • (A) formal training as an athlete agent; • (B) practical experience as an athlete agent; and • (C) educational background relating to the applicant’s activities as an athlete agent; • (5) the names and addresses of three individuals not related to the applicant who are willing to serve as references; • (6) the name, sport, and last known team for each individual for whom the applicant provided services as an athlete agent during the fi ve years next preceding the date of submission of the application; • (7) the names and addresses of all persons who are: • (A) with respect to the athlete agent’s business if it is not a corporation, the partners, offi cers, associates, or profi t-sharers; and • ( B) with respect to a corporation employing the athlete agent, the offi cers, directors, and any shareholder of the corporation with a 5% or greater interest; • (8) whether the applicant or any other person named pursuant to paragraph (7) has been convicted of a crime that, if committed in this State, would be a felony or other crime involving moral turpitude, and identify the crime; • (9) whether there has been any administrative or judicial determination that the a pplicant or any other person named pursuant to paragraph (7) has made a false, misleading, deceptive, or fraudulent representation; • (10) any instance in which the conduct of the applicant or any other person named pursuant to paragraph (7) resulted in the imposition of a sanction, suspension,

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AGENCY LAW • 603

or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution; • (11) any sanction, suspension, or disciplinary action taken against the applicant or any other person named pursuant to paragraph (7) arising out of occupational or professional conduct; and • (12) whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any other person named pursuant to paragraph (7) as an athlete agent in any State. • (b) An individual who has submitted an application for, and received a certifi cate of, registration or licensure as an athlete agent in another State, may submit a copy of the application and a valid certifi cate of registration or licensure from the other State in lieu of submitting an application in the form prescribed pursuant to subsection (a). The [Secretary of State] shall accept the application and the certifi cate from the other State as an application for registration in this State if the application to the other State: • (1) was submitted in the other State within the six months next preceding the submission of the application in this State and the applicant certifi es the information contained in the application is current; • (2) contains information substantially similar to or more comprehensive than that required in an application submitted in this State; and • (3) was signed by the applicant under penalty of perjury.

SECTION 6. CERTIFICATE OF REGISTRATION; ISSUANCE OR DENIAL; RENEWAL.

• (a) Except as otherwise provided in subsection (c), the [Secretary of State] shall issue a certifi cate of registration to an individual who complies with Section 5(a). • (b) Except as otherwise provided in subsection (c), the [Secretary of State] shall issue a certifi cate of registration to an individual whose application has been accepted under Section 5(b). • (c) The [Secretary of State] may refuse to issue a certifi cate of registration if the [ Secretary of State] determines that the applicant has engaged in conduct that has a signifi cant a dverse effect on the applicant’s fi tness to serve as an athlete agent. In making the d etermination, the [Secretary of State] may consider whether the applicant has:

• (1) been convicted of a crime that, if committed in this State, would be a felony or other crime involving moral turpitude; • (2) made a materially false, misleading, deceptive, or fraudulent representation as an athlete agent or in the application; • (3) engaged in conduct that would disqualify the applicant from serving in a fi duciary capacity; • (4) engaged in conduct prohibited by Section 14; • (5) had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure in any State; • (6) engaged in conduct or failed to engage in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or

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604 • ESSENTIALS OF SPORTS LAW

• (7) engaged in conduct that signifi cantly adversely refl ects on the applicant’s credibility, honesty, or integrity.

• (d) In making a determination under subsection (c), the [Secretary of State] shall consider: • (1) how recently the conduct occurred; • (2) the nature of the conduct and the context in which it occurred; and • (3) any other relevant conduct of the applicant. • (e) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the [Secretary of State]. [An application fi led under this section is a public record.] The application for renewal must be signed by the a pplicant under penalty of perjury and must contain current information on all matters required in an original registration. • (f ) An individual who has submitted an application for renewal of registration or l icensure in another State, in lieu of submitting an application for renewal in the form

prescribed pursuant to subsection (e), may fi le a copy of the application for renewal and a valid certifi cate of registration from the other State. The [Secretary of State] shall accept the application for renewal from the other State as an application for

renewal in this State if the application to the other State: • (1) was submitted in the other State within the last six months and the applicant certifi es the information contained in the application for renewal is current; • (2) contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this State; and • (3) was signed by the applicant under penalty of perjury. • (g) A certifi cate of registration or a renewal of a registration is valid for [two] years.

SECTION 7. SUSPENSION, REVOCATION, OR REFUSAL TO RENEW REGISTRATION.

[(a)] The [Secretary of State] may suspend, revoke, or refuse to renew a registration for conduct that would have justifi ed denial of registration under Section 6(c). [(b)] The [Secreatry of State] may deny, suspend, revoke, or refuse to renew a registration only after proper notice and an opportunity for a hearing. The [Administrative Procedures Act] applies to this [Act].

SECTION 8. TEMPORARY REGISTRATION. The [Secretary of State] may issue a temporary certifi cate of registration while an application for registration or renewal is pending. SECTION 9. REGISTRATION AND RENEWAL FEE. An application for registration or renewal of registration must be accompanied by a fee in the following amount:

• (1) [$] for an initial application for registration; • (2) [$] for an application for registration based upon a certifi cate of registration or licensure issued by another State; • (3) [$] for an application for renewal of registration; or • (4) [$] for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another State.

SECTION 10. FORM OF CONTRACT.

• (a) An agency contract must be in a record, signed by the parties. • (b) An agency contract must state or contain:

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AGENCY LAW • 605

• ( 1) the amount and method of calculating the consideration to be paid by the s tudent-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; • (2) the name of any person not listed in the application for registration or renewal who will be compensated because the student-athlete signed the agency contract; • (3) a description of any expenses that the student-athlete agrees to reimburse; • (4) a description of the services to be provided to the student-athlete; • (5) the duration of the contract; and • (6) the date of execution. • (c) An agency contract must contain, in close proximity to the signature of the studentathlete, a conspicuous notice in boldface type in capital letters stating:

WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT: • ( 1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; • ( 2) BOTH YOU AND YOUR ATHLETE AGENT ARE REQUIRED TO TELL YOUR ATHLETIC DIRECTOR, IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO AN AGENCY CONTRACT; AND • (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THE CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY. • (d) An agency contract that does not conform to this section is voidable by the student-athlete. • ( e) The athlete agent shall give a copy of the signed agency contract to the studentathlete at the time of signing.

SECTION 11. NOTICE TO EDUCATIONAL INSTITUTION.

• (a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs fi rst, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll. • (b) Within 72 hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs fi rst, the s tudent-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that he or she has entered into an agency contract.

SECTION 12. STUDENT-ATHLETE’S RIGHT TO CANCEL.

• ( a) A student-athlete may cancel an agency contract by giving notice in a record to the athlete agent of the cancellation within 14 days after the contract is signed. • (b) A student-athlete may not waive the right to cancel an agency contract. • (c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any consideration under the contract or to return any consideration received from the agent to induce the student-athlete to enter into the contract.

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606 • ESSENTIALS OF SPORTS LAW

SECTION 13. REQUIRED RECORDS.

• (a) An athlete agent shall retain the following records for a period of fi ve years: • (1) the name and address of each individual represented by the athlete agent; • (2) any agency contract entered into by the athlete agent; and • (3) any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete. • (b) Records required by subsection (a) to be retained are open to inspection by the [Secretary of State] during normal business hours.

SECTION 14. PROHIBITED ACTS.

• (a) An athlete agent may not do any of the following with the intent to induce a student-athlete to enter into an agency contract: • (1) give any materially false or misleading information or make a materially false promise or representation; • (2) furnish anything of value to a student-athlete before the student-athlete enters into the agency contract; or • (3) furnish anything of value to any individual other than the student-athlete or another registered athlete agent. • (b) An athlete agent may not intentionally: • (1) initiate contact with a student-athlete unless registered under this [Act]; • ( 2) refuse or willfully fail to retain or permit inspection of the records required by Section 13; • (3) violate Section 4 by failing to register; • (4) provide materially false or misleading information in an application for registration or renewal of registration; • (5) predate or postdate an agency contract; or • (6) fail to notify a student-athlete prior to the student-athlete’s signing an agency c ontract for a particular sport that the signing by the student-athlete may make the student-athlete ineligible to participate as a student-athlete in that sport.

SECTION 15. CRIMINAL PENALTIES. The commission of any act prohibited by Section 14 by an athlete agent is a [misdemeanor] [felony] punishable by []. SECTION 16. CIVIL REMEDIES.

• (a) An educational institution has a right of action against an athlete agent or a former s tudent-athlete for damages caused by a violation of this [Act]. In an action under this section, the court may award to the prevailing party costs and reasonable attorney’s fees. • (b) Damages of an educational institution under subsection (a) include losses and expenses incurred because, as a result of the activities of an athlete agent or former student-athlete, the educational institution was injured by a violation of this [Act] or was penalized, disqualifi ed, 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. • (c) A right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete.

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AGENCY LAW • 607

• ( d) Any liability of the athlete agent or the former student-athlete under this section is several and not joint. • ( e) This [Act] does not restrict rights, remedies, or defenses of any person under law or equity. SECTION 17. ADMINISTRATIVE PENALTY. The [Secretary of State] may assess a civil penalty against an athlete agent not to exceed [$25,000] for a violation of this [Act]. SECTION 18. APPLICATION AND CONSTRUCTION. In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter of this [Act] among States that enact it. SECTION 19. SEVERABILITY. If any provision of this [Act] or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or a pplications of this [Act] which can be given effect without the invalid provision or application, and to this end the provisions of this [Act] are severable. SECTION 20. REPEALS. The following acts and parts of acts are hereby repealed: SECTION 21. EFFECTIVE DATE. This [Act] takes effect ———. 2. The following is a sample letter developed by the NCAA to be sent to state legislators by NCAA institutions: Uniform Athlete Agent Act Sample Letter to Legislator SAMPLE LETTER [to be sent after legislation is introduced in your state] Dear [Senator] or [Representative] [Last Name]: After three years of work, The National Conference of Commissioners on Uniform State Laws (NCCUSL) recently approved the Uniform Athlete Agent Act (UAAA), a model state law governing the relationships between student-athletes, athlete agents and academic institutions. The National Collegiate Athletic Association (NCAA) and its member institutions are seeking its adoption in every state, and I am writing to urge your support and co-sponsorship of [S. _________ or H.R. _________], recently introduced in the [your state’s] legislature. The problems associated with illegal athlete agent conduct are far greater than the casual observer might believe. Far too often, the actions of athlete agents engaged in unsavory practices result in the loss of student-athlete eligibility, the imposition of fi nancial penalties on the student-athlete’s institution and the taint of a “scandal” on both the institution and the larger intercollegiate sports community. In an effort to address these problems, at least 28 states have enacted statutes regulating athlete agents. However, e xisting laws vary considerably from state-to-state and many statutes contain provisions that are vague and not enforced by the state. As a result, athlete agents largely ignore existing state registration requirements as well as other provisions contained in current athlete agent laws. The purpose of the UAAA is to protect the interests of student-athletes and institutions by providing for a uniform regulation of athlete agents. The UAAA provides for:

• U niformity of state laws. These laws are designed to provide a single set of regulations that will ensure greater compliance among athlete agents. • A reciprocal registration provision and a reasonable fee schedule making agents more likely to register due to the effi ciency of this process and the cost savings it provides for athlete agents. • C onsumer information, both professional and criminal in nature, to enable better evaluation of the athlete agents to provide competent representation. • Notice to institutions when a student-athlete signs an agency contract. • T he Secretary of State or other appropriate agency to issue subpoenas enabling the state to obtain relevant material that will assist in the enforcement of the act. • Criminal, civil and administrative penalties that will be enforced at the state level.

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608 • ESSENTIALS OF SPORTS LAW

On behalf of [name of institution], I urge your support of [S. _________ or H.R. _________] and thank you in advance for your efforts to address this important issue. 3. The following is a fact sheet distributed by the NCAA regarding the positive features of the Uniform Athlete Agent Act: Uniform Athlete Agent Act Fact Sheet WHAT IS THE UNIFORM ATHLETE AGENT ACT ? After three years of work, the National Conference of Commissioners on Uniform State Laws recently approved the Uniform Athlete Agent Act (UAAA). The UAAA is designed to provide a single set of state regulations that will govern athlete agent conduct. The UAAA ensures greater protection for student-athletes and educational institutions while providing a more manageable and cost-effi cient regulatory scheme for athlete agents and states. WHY DO WE NEED TO ADOPT THE UNIFORM ATHLETE AGENT ACT ? • Protection for student-athletes: The primary purpose of the UAAA is to protect student-athletes and educational institutions from athlete agents who engage in unsavory and, oftentimes, illegal practices. • P rotection for colleges and universities: The UAAA acts as a strong deterrent against improper athlete agent conduct that often subjects institutions to negative publicity and harsh sanctions, including the forfeiture of games and substantial fi nancial penalties. • U niformity of state laws: The UAAA is designed to provide a single set of regulations that will ensure greater compliance among athlete agents. • R eciprocal agent registration and reasonable fees: Reciprocal registration and a reasonable fee schedule provide a system that allows states to honor the registration of athlete agents from states with similar laws. Agents are more likely to register with states due to the effi ciency and cost effectiveness of the UAAA prescribed process. • S trong penalties for violators: The UAAA provides for criminal, civil and /or administrative penalties to be imposed against violators. • Additional tools for state law enforcement: The right to exercise subpoena power enables the state to obtain relevant information that assists in the enforcement of the act. • I mportant consumer information: It is vital for student-athletes, parents and institutions to have access to information contained in the agent application, both professional and criminal in nature, to ensure that the most informed decisions are made regarding athlete agent representation. • W idespread support: The UAAA is endorsed by the National Collegiate Athletic A ssociation and its 1,000 member universities and colleges, the National Conference of Commissioners on Uniform State Laws and a number of other organizations. The following law review articles examine the Uniform Athlete Agents Act: 1. Lloyd Zane Remick and Christopher Joseph Cabott “Keeping out the Little Guy: An Older Contract Advisor’s Concern, A Younger Contract Advisors Lament,” 12 Villanova Sports and Entertainment Law Journal 1 (2005). 2. R. Michael Rogers, “The Uniform Athlete Agents Act Fails to Fully Protect the College Athlete Who Exhausts His Eligibility Before Turning Professional,” 2 Virginia Sports and Entertainment Law Journal 63 (2002). 3. Diane Sudia and Rob Remis, “The History Behind Athlete Agent Regulation and the ‘Slam Dunking of Statutory Hurdles,’ ” 8 Villanova Sports and Entertainment Law Journal 67 (2001). 4. Diane Sudia and Rob Remis, “Athlete Agent Legislation in the New Millennium: State Statutes and the Uniform Athlete Agents Act,” 11 Seton Hall Journal of Sports and Entertainment Law 263 (2001).

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AGENCY LAW • 609

For the following questions, refer to the Uniform Athlete Agent Act (UAAA).

Please assume

that you are a Texas resident who has registered with the NFLPA.

You are recruiting a

student

-

athlete at the U. of Texas who is from Texas.

Assume that the state of Texas has

adopted the UAAA. (See Section 12.5.1 of our textbook)

a.

Is the UAA

A a state or federal law? Explain.

b.

To whom does the UAAA apply?

c.

Must you register in Texas under the UAAA?

Please explain.

d.

Referring to the UAAA, who has the right to issue a certification?

e.

In situations where the agent has not registered, how does the UA

AA handle

contracts that have been signed between the agent and the athlete?

f.

Does a student

-

athlete have the right to cancel this contract?

If so, how long does

the right last?

g.

There are several prohibited acts.

Name three of them.

12.5.1. Uniform Athlete Agent A

ct

In 2001, the National Conference of Commissioners on Uniform State Laws approved a draft of

legislation entitled the Uniform Athlete Agent Act (UAAA; see note 1). The power of a uniform act is that

it creates legislation that is the same across each sta

te in the country. The Uniform Athlete Agent Act

was proposed to each state government in the country, and it is then up to the individual states whether

the act will be considered and adopted.

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UNIV SYSTEM AN: 334226 ; Wong, G

lenn M..; Essentials of Sports Law, 4th Edition : Fourth Edition

Account: s7348467

AGENCY LAW • 599

As of March 2010, the UAAA had been passed in 38 states, the District of Columbia, and the U.S. Virgin

Islands:

• Alabama • Arizona • Arkansas • Colorado •

Connecticut • Delaware • District of Columbia • Florida •

Georgia • Hawaii • Idaho • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maryland • Minnesota •

Mississippi • Missouri • Nebraska • Nevada • New Hampshire • New York • North Carolina • North