RS 4:423.1     

  

§423.1. Additional required disclosures for endorsement contracts; rules

            A. This Section governs the relationship between an athlete and an athlete agent when the athlete agent represents or advises the athlete in connection with an endorsement contract or endorsement activity, including name, image, and likeness matters.

            B.(1) When an athlete agent represents or advises an athlete in connection with an endorsement contract or endorsement activity, the athlete agent shall, prior to or at the time of undertaking such representation, execute with the athlete a written endorsement representation disclosure. The endorsement representation disclosure shall be signed by both the athlete agent and the athlete and shall constitute the governing instrument of the agent-athlete relationship for the endorsement contract and endorsement activity representation under this Chapter.

            (2) An endorsement representation disclosure shall contain, at a minimum, all of the following:

            (a) A statement that the athlete agent is registered as an athlete agent in this state and a list of any other states in which the athlete agent is registered.

            (b) The amount and method of calculating the consideration or fee to be paid by or on behalf of the athlete to the athlete agent in connection with any endorsement contract or endorsement activity, and any other consideration or fee the athlete agent has received or will receive from any source.

            (c) The name and a description of the compensation of any third person who will be compensated in connection with any endorsement contract or endorsement activity in which the athlete participates.

            (d) A description of any expenses the athlete agrees to reimburse to the athlete agent.

            (e) A description and scope of the services to be provided by the athlete agent to the athlete.

            (f) The duration of the endorsement representation disclosure.

            (g) The date of execution of the endorsement representation disclosure.

            C. The endorsement representation disclosure shall be retained by both the athlete agent and the athlete. The endorsement representation disclosure shall not be required to be filed with the division but shall be produced to the division upon request or subpoena.

            D. If an athlete agent fails to execute an endorsement representation disclosure as required by this Section, the athlete agent shall forfeit any right to compensation in connection with any endorsement contract or endorsement activity undertaken by the athlete.

            E. The division may adopt rules, in accordance with the Administrative Procedure Act, prescribing any of the following:

            (1) The form and format of the endorsement representation disclosure required by Subsection B of this Section.

            (2) Additional disclosures required to protect athletes, educational institutions and schools, and the public, including any risks to eligibility or institutional compliance.

            (3) Required statements, acknowledgments, and warnings.

            (4) Any other rule necessary to carry out the purposes of this Chapter.

            F.(1) An athlete agent who represents an athlete in connection with an endorsement contract for compensation for the use of the athlete's name, image, and likeness, shall ensure that the athlete discloses the endorsement contract to the educational institution or school pursuant to R.S. 17:3701 et seq.

            (2) An athlete agent shall not represent an athlete in connection with any endorsement contract or endorsement activity that the athlete agent knows or reasonably should know would cause the athlete to lose eligibility.

            G. An endorsement contract or endorsement activity related to an athlete's name, image, and likeness matter; the athlete agent; and any athlete with whom the athlete agent engages, shall comply with all applicable requirements of R.S. 17:3701 et seq., and any rule adopted by the division pursuant to this Section.

            Acts 2026, No. 895, §1, eff. June 9, 2026.