Title 15 — Commerce and Trade
Chapter 104 — Sports Agent Responsibility and Trust
§ 7805. Protection of educational institution
Statutory text
Notice required
Within 72 hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the athlete agent and the student athlete shall each inform the athletic director of the educational institution at which the student athlete is enrolled, or other individual responsible for athletic programs at such educational institution, that the student athlete has entered into an agency contract, and the athlete agent shall provide the athletic director with notice in writing of such a contract.
Civil remedy
In general
An educational institution has a right of action against an athlete agent for damages caused by a violation of this chapter.
Damages
Damages of an educational institution may include and are limited to actual losses and expenses incurred because, as a result of the conduct of the athlete agent, the educational institution was injured by a violation of this chapter 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 actions likely to be imposed by such an association or conference.
Costs and attorneys fees
In an action taken under this section, the court may award to the prevailing party costs and reasonable attorneys fees.
Effect on other rights, remedies and defenses
This section does not restrict the rights, remedies, or defenses of any person under law or equity.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Sports Agent Responsibility and Trust Act
Pub. L. 108–304 § 6 · 118 Stat. 1125
Enacted · 15 U.S.C. § 7805
(Pub. L. 108–304, § 6, Sept. 24, 2004, 118 Stat. 1128.)
Source evidence
Code source credit
(Pub. L. 108–304, § 6, Sept. 24, 2004, 118 Stat. 1128.)Enacted provision · exact public law section
SEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION. (a) Notice Required.— Within 72 hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the athlete agent and the student athlete shall each inform the athletic director of the educational institution at which the student athlete is enrolled, or other individual responsible for athletic programs at such educational institution, that the student athlete has entered into an agency contract, and the athlete agent shall provide the athletic director with notice in writing of such a contract. (b) Civil Remedy.— (1) In general.— An educational institution has a right of action against an athlete agent for damages caused by a violation of this Act. (2) Damages.— Damages of an educational institution may include and are limited to actual losses and expenses incurred because, as a result of the conduct of the athlete agent, the educational institution was injured by a violation of this Act 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 actions likely to be imposed by such an association or conference. (3) Costs and attorneys fees.— In an action taken under this section, the court may award to the prevailing party costs and reasonable attorneys fees. (4) Effect on other rights, remedies and defenses.— This section does not restrict the rights, remedies, or defenses of any person under law or equity.
1 of 1 references resolved to an enrolled provision