State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 18895-18895.2

BUSINESS AND PROFESSIONS CODE
SECTION 18895-18895.2



18895.  This chapter shall be known and may be cited as the
Miller-Ayala Athlete Agents Act.



18895.2.  The following definitions govern the construction of this
chapter:
   (a) "Agent contract" means any contract or agreement pursuant to
which a person authorizes or empowers an athlete agent to negotiate
or solicit on behalf of the person with one or more professional
sports teams or organizations for the employment of the person by one
or more professional sports teams or organizations, or to negotiate
or solicit on behalf of the person for the employment of the person
as a professional athlete.
   (b) (1) "Athlete agent" means any person who, directly or
indirectly, recruits or solicits an athlete to enter into any agent
contract, endorsement contract, financial services contract, or
professional sports services contract, or for compensation procures,
offers, promises, attempts, or negotiates to obtain employment for
any person with a professional sports team or organization or as a
professional athlete.
   (2) (A) "Athlete agent" does not include a person licensed as an
attorney, dealer in securities, financial planner, insurance agent,
real estate broker or sales agent, or tax consultant, or other
professional person, when the professional person offers or provides
the type of services customarily provided by that profession, except
and solely to the extent that the professional person also recruits
or solicits an athlete to enter into any agent contract, endorsement
contract, or professional sports services contract, or for
compensation procures, offers, promises, attempts, or negotiates to
obtain employment for any person with a professional sports team or
organization or as a professional athlete.
   (B) "Athlete agent" also does not include any person acting solely
on behalf of a professional sports team or organization.
   (C) "Athlete agent" also does not include a talent agency as
defined in subdivision (a) of Section 1700.4 of the Labor Code and
licensed by the Labor Commissioner pursuant to Chapter 4 (commencing
with Section 1700) of Part 6 of Division 2 of the Labor Code, except
as otherwise provided in this paragraph. "Athlete agent" includes a
talent agency that (i) directly or indirectly recruits or solicits a
student athlete to enter into an agent contract, endorsement
contract, financial services contract, or professional sports
services contract, or (ii) for compensation, procures, offers,
promises, attempts, or negotiates to obtain employment for any person
to perform on-field play with a professional sports team or
organization.
   (3) Sections 18896.6, 18897.6 and 18897.63 do not apply to an
individual acting as an athlete agent solely for his or her spouse,
child, foster child, ward, or grandchild.
   (c) "Employment as a professional athlete" includes employment
pursuant to an endorsement contract or a professional sports services
contract.
   (d) "Endorsement contract" means any contract or agreement
pursuant to which a person is employed or receives remuneration for
any value or utility that the person may have because of publicity,
reputation, fame, or following obtained because of athletic ability
or performance.
   (e) "Financial services" means the making or execution of an
investment or other financial decision, or counseling as to a
financial decision.
   (f) "Negotiate" includes any contact on behalf of any athlete with
a professional sports team or organization or on behalf of any
person with any other person who employs or potentially may employ
the person as a professional athlete, regardless of whether the
contact is made in person, in writing, electronically, through
representatives or employees, or in any other manner. "Negotiate"
also includes being present during any discussion of an endorsement
contract or professional sports services contract with
representatives of the professional sports team or organization or
potential or actual employer.
   (g) "Person" means any individual, company, corporation,
association, partnership, limited liability company, or their agents
or employees.
   (h) "Professional sports services contract" means any contract or
agreement pursuant to which a person is employed or agrees to render
services as a player on a professional sports team or organization or
as a professional athlete.
   (i) (1) "Student athlete" means any individual admitted to or
enrolled as a student, in an elementary or secondary school, college,
university, or other educational institution if the student
participates, or has informed the institution of an intention to
participate, as an athlete in a sports program where the sports
program is engaged in competition with other educational
institutions.
   (2) "Student athlete" does not include any person who has entered
into a valid agent contract, a valid endorsement contract, or a valid
professional sports services contract. "Student athlete" does not
include any student of a college or university whose eligibility to
participate in an intercollegiate sport has terminated, as determined
by the governing body of the state or national association for the
promotion and regulation of intercollegiate athletics of which the
student's college or university is a member.