§421. Definitions

            A. As used in this Chapter:

            (1) "Agent contract" means any contract or agreement, whether written or oral, under which an athlete authorizes an individual to negotiate or solicit on behalf of the athlete for the employment of the athlete by one or more professional sports teams or organizations.

            (2) "Anything of value" means any thing of value. It shall be given the broadest possible construction, including any conceivable thing of the slightest value, movable or immovable, corporeal or incorporeal, public or private, and specifically including transportation, telephone and telegraph services, discounts, loans, advances, payments, other services available for hire, or other benefits. It shall be construed in the popular sense of the phrase and not necessarily as synonymous with the traditional legal term "property". It shall specifically include but not be limited to a donation, sale, lease, loan, suretyship, and mortgage.

            (3)(a) "Athlete" means a student who is characterized by any of the following:

            (i) Is eligible to participate, or will be eligible to participate, in sports contests as a member of a sports team of a school or educational institution which is located in this state or which is a member of a federation or association.

            (ii) Participates as a member of such a sports team at a school or educational institution.

            (iii) Resides in this state and is eligible to participate, or will be eligible to participate, in interscholastic or intercollegiate sports at any school or educational institution, whether or not located in this state.

            (b) "Athlete" shall not mean an individual who has been determined to be permanently ineligible to participate in a particular interscholastic or intercollegiate sport, but only with respect to that sport, or an individual who has completed his last intercollegiate or interscholastic sports contest, including postseason contests, or who has notified in writing the athletic director or head coach of the school or institution at which he is participating that he is renouncing his eligibility to participate on such sports team.

            (4)(a) "Athlete agent" means an individual, whether or not registered under this Chapter, who does either of the following:

            (i) For compensation or in anticipation of compensation, enters into an agent contract with an athlete or, directly or indirectly, recruits or solicits an athlete to enter into an agent contract.

            (ii) An individual who, for compensation or in anticipation of compensation, represents or advises an athlete in connection with an endorsement contract, or endorsement activities, including name, image, and likeness matters.

            (b) The term shall not include an individual who performs any of the following activities:

            (i) Acts solely on behalf of a professional sports team or professional sports organization.

            (ii) Is a licensed, registered, or certified professional and offers or provides services to an athlete customarily provided by members of the profession, unless the individual also performs any of the following activities:

            (aa) Recruits or solicits the athlete to enter into an agent contract or endorsement contract.

            (bb) Procures, for compensation, employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization.

            (cc) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.

            (5) "Athlete contract" means any contract or agreement executed by an athlete with an educational institution or school concerning the student's participation in that educational institution's or school's sports contests or athletic activities.

            (6) "Certified by the appropriate players association" means that an athlete agent has received approval of his application for certification from the appropriate players association of the professional league for which he is soliciting athletes, has fulfilled all other requirements of the players association, and is in good standing before the players association.

            (7) "Contact" means any communication, directly or indirectly, by an athlete agent or by any intermediary with an athlete, or with any third person for the purpose of having that third person communicate with the athlete about the possibility of or formation of any business, financial, or other contractual relationship or agreement, including an agent contract, a professional services contract, a professional sports services contract, or endorsement contract.

            (8) "Division" means the public protection division of the Department of Justice.

            (9) "Educational institution" means any institution of higher education in this state, including any postsecondary institution, community college, college, institution of higher learning, or university, whether public or private.

            (10) "Endorsement activities" means any activity or activities related to advertising or sponsorship in which an athlete, for consideration or other value, uses or permits the use or association of the athlete's name, image, likeness, publicity, reputation, following, fame, or other personal or commercial attributes, whether or not related to the athlete's athletic ability or performance.

            (11) "Endorsement contract" means an agreement under which an athlete is employed or receives anything of value to permit the use, promotion, or association of the athlete's name, image, and likeness, publicity, reputation, following, fame, or other personal or commercial attributes, whether or not related to the athlete's athletic ability or performance.

            (12) "Federation or association" means any state or national federation, association, or commission for the promotion and regulation of interscholastic or intercollegiate sports governing athletes and their relationships with athlete agents.

            (13) "Intermediaries" or "third person" means any persons other than the athlete agent or the athlete.

            (14) "Person" means an individual, estate, company, corporation, business or nonprofit entity association, partnership, or other legal entity.

            (15) "Recruit or solicit" means to attempt to influence the choice of an athlete by an athlete agent or, if the athlete is a minor, the athlete's parent or legal guardian, directly or indirectly.

            (16) "Registered athlete agent" means an athlete agent registered with the division under the provisions of this Chapter.

            (17) "Registration" means registration as an athlete agent under this Chapter.

            (18) "School" means any secondary school in this state, including high schools and junior high schools.

            B. For purposes of this Chapter, the execution by an athlete of a personal service contract with the owner or prospective owner of a professional sports team for the purpose of future athletic services is equivalent to employment with a professional sports team.

            Acts 1987, No. 925, §1; Acts 1990, No. 882, §§1 and 2; Acts 1993, No. 702, §1; Acts 1999, No. 302, §§1, 2; Acts 2001, No. 1094, §1; Acts 2004, No. 351, §1; Acts 2026, No. 895, §1, eff. June 9, 2026.