IC 25-5.2-2-1 Service of process
Sec. 1. (a) By acting as an athlete agent in Indiana, a nonresident
individual appoints the attorney general as the individual's agent for
service of process in any civil action in Indiana related to the
individual's acting as an athlete agent in Indiana.
(b) The attorney general may issue subpoenas for any material
that is relevant to the administration of this article. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-2 Certificate of registration
Sec. 2. (a) Except as otherwise provided in subsection (b), an
individual may not act as an athlete agent in Indiana without holding
a certificate of registration under section 4 or 6 of this chapter.
(b) Before being issued a certificate of registration, an individual
may act as an athlete agent in Indiana for all purposes except signing
an agency contract, if:
(1) a student athlete or another person acting on behalf of the
student athlete initiates contact with the individual; and
(2) within seven (7) days after an initial act as an athlete agent,
the individual submits an application for registration as an
athlete agent in Indiana.
(c) An agency contract resulting from conduct in violation of this
section is void and the athlete agent shall return any consideration
received under the contract. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-3 Application for registration; agents licensed in other states
Sec. 3. (a) An applicant for registration shall submit an
application for registration to the attorney general in a form
prescribed by the attorney general. An application filed under this
section is a public record under IC 5-14-3. The application must be
in the name of an individual and, except as otherwise provided in
subsection (b), signed or otherwise authenticated by the applicant
under penalty of perjury and contain the following information:
(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 five (5) years immediately 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 (3) 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 acted as an athlete agent during the five
(5) years immediately 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, members, officers, managers,
associates, or profit sharers of the business; and
(B) with respect to a corporation employing the athlete
agent, the officers, directors, and any shareholder of the
corporation having an interest of five percent (5%) or
greater.
(8) Whether the applicant or any person named in subdivision
(7) has been convicted of a crime that, if committed in Indiana,
would be a crime involving moral turpitude or a felony, and
identify the crime.
(9) Whether there has been any administrative or judicial
determination that the applicant or any person named in
subdivision (7) has made a false, misleading, deceptive, or
fraudulent representation.
(10) A description of any instance in which the conduct of the
applicant or any person named in subdivision (7) resulted in the
imposition of a sanction, suspension, or declaration of
ineligibility to participate in an interscholastic or intercollegiate
athletic event on a student athlete or educational institution.
(11) A description of any sanction, suspension, or disciplinary
action taken against the applicant or any person named in
subdivision (7) arising out of occupational or professional
conduct.
(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 person named in subdivision
(7) as an athlete agent in any state.
(b) An individual who has submitted an application for and holds
a certificate of registration or licensure as an athlete agent in another
state may submit a copy of the application and certificate instead of
submitting an application in the form prescribed under subsection
(a). The attorney general shall accept the application and the
certificate from the other state as an application for registration in
Indiana if the application to the other state:
(1) was submitted in the other state within six (6) months
immediately preceding the submission of the application in
Indiana and the applicant certifies that 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
Indiana; and
(3) was signed by the applicant under penalty of perjury. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-4 Issuance of certificate of registration; renewal of registration
Sec. 4. (a) Except as otherwise provided in subsection (b), the
attorney general shall issue a certificate of registration to an
individual who complies with the requirements of section 3(a) of this
chapter or whose application has been accepted under section 3(b) of
this chapter.
(b) The attorney general may refuse to issue a certificate of
registration if the attorney general determines that the applicant has
engaged in conduct that has a significant adverse effect on the
applicant's fitness to act as an athlete agent. In making the
determination, the attorney general may consider whether any of the
following apply to the applicant:
(1) The applicant has been convicted of a crime that, if
committed in Indiana, would be a crime involving moral
turpitude or a felony.
(2) The applicant made a materially false, misleading,
deceptive, or fraudulent representation in the application or as
an athlete agent.
(3) The applicant has engaged in conduct that would disqualify
the applicant from serving in a fiduciary capacity.
(4) The applicant has engaged in conduct prohibited by section
12 of this chapter.
(5) The applicant has had a registration or a license as an athlete
agent suspended, revoked, or denied or been refused renewal of
a registration or a license as an athlete agent in any state.
(6) The applicant has engaged in conduct the consequences of
which were 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.
(7) The applicant has engaged in conduct that significantly
adversely reflects on the applicant's credibility, honesty, or
integrity.
(c) In making a determination under subsection (b), the attorney
general shall consider the following:
(1) How recently the conduct occurred.
(2) The nature of the conduct and the context in which it
occurred.
(3) Any other relevant conduct of the applicant.
(d) An athlete agent may apply to renew a registration by
submitting an application for renewal in a form prescribed by the
attorney general. An application filed under this subsection is a
public record under IC 5-14-3. The application for renewal must be
signed by the applicant under penalty of perjury and must contain
current information on all matters required by section 3(a) of this
chapter for an original registration.
(e) An individual who has submitted an application for renewal of
a registration or a license in another state, instead of submitting an
application for renewal in the form prescribed under subsection (d),
may file a copy of the application for renewal and a valid certificate
of registration or a valid license from the other state. The attorney
general shall accept the application for renewal from the other state
as an application for renewal in Indiana if the application to the other
state:
(1) was submitted in the other state within six (6) months
immediately preceding the filing in Indiana and the applicant
certifies that 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 Indiana; and
(3) was signed by the applicant under penalty of perjury.
(f) A certificate of registration or a renewal of a registration is
valid for two (2) years. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-5 Suspension, revocation, or refusal to renew certificate of
registration
Sec. 5. (a) The attorney general may suspend, revoke, or refuse to
renew a certificate of registration for conduct that would have
justified denial of registration under section 4(b) of this chapter.
(b) The attorney general may deny, suspend, revoke, or refuse to
renew a certificate of registration only after proper notice and an
opportunity for a hearing under IC 4-21.5. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-6 Temporary certificate of registration
Sec. 6. The attorney general may issue a temporary certificate of
registration while an application for registration or renewal of
registration is pending. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-7 Fee for renewal of registration
Sec. 7. A fee established by the attorney general in accordance
with IC 25-1-8-2 must accompany an application for registration or
renewal of registration. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-8 Agency contracts
Sec. 8. (a) An agency contract must be in a record, signed or
otherwise authenticated by the parties.
(b) An agency contract must contain the following:
(1) The amount and method of calculating the consideration to
be paid by the student 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 of registration 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.
(6) The date of execution.
(c) An agency contract must contain, in close proximity to the
signature of the student athlete, 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) IF YOU HAVE AN ATHLETIC DIRECTOR, BOTH YOU
AND YOUR ATHLETE AGENT MUST GIVE TO YOUR
ATHLETIC DIRECTOR THE TEN (10) DAY NOTICE
REQUIRED BY IC 25-5.2-2-9 AND IC 35-46-4-4 BEFORE
EXECUTING THIS CONTRACT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN
FOURTEEN (14) DAYS AFTER SIGNING IT.
CANCELLATION OF THIS CONTRACT MAY NOT
REINSTATE YOUR ELIGIBILITY.
(d) An agency contract that does not conform to this section is
voidable by the student athlete. If a student athlete voids an agency
contract, the student athlete is not required to pay any consideration
under the contract or to return any consideration received from the
athlete agent to induce the student athlete to enter into the contract.
(e) The athlete agent shall give a record of the signed or otherwise
authenticated agency contract to the student athlete at the time of
execution. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-9 Agency contracts; student athletes
Sec. 9. (a) At least ten (10) days before a student athlete enters
into an agency contract, the athlete agent shall give in a record the
notice required by IC 35-46-4-4 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) At least ten (10) days before entering into an agency contract,
the student athlete shall inform the athletic director of the
educational institution at which the student athlete is enrolled or
intends to enroll that the student athlete intends to enter into an
agency contract. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-10 Cancellation of agency contract by student athlete
Sec. 10. (a) A student athlete may cancel an agency contract by
giving notice of the cancellation to the athlete agent in a record
within fourteen (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 athlete agent to induce
the student athlete to enter into the contract. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-11 Retention of records by athlete agents
Sec. 11. (a) An athlete agent shall retain the following records for
a period of five (5) years:
(1) The name and address of each individual represented by the
athlete agent.
(2) A copy of any agency contract entered into by the athlete
agent.
(3) A record of any direct costs incurred by the athlete agent in
the recruitment or solicitation of a student athlete to enter into
an agency contract.
(b) Records required by subsection (a) to be retained are open to
inspection by the attorney general during normal business hours. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-12 Misconduct by athlete agent
Sec. 12. (a) An athlete agent who, with the intent to induce a
student athlete to enter into an agency contract:
(1) gives any materially false or misleading information or
makes a materially false promise or representation;
(2) furnishes anything of value to a student athlete before the
student athlete enters into the agency contract; or
(3) furnishes anything of value to any individual other than the
student athlete or another registered athlete agent;
commits a Class D felony.
(b) An athlete agent who intentionally:
(1) initiates contact with a student athlete unless registered
under this article;
(2) refuses or fails to retain or permit inspection of the records
required to be retained by section 11 of this chapter;
(3) fails to register when required by section 2 of this chapter;
(4) provides materially false or misleading information in an
application for registration or renewal of registration;
(5) predates or postdates an agency contract; or
(6) fails to notify a student athlete before the student athlete
signs or otherwise authenticates an agency contract for a
particular sport that the signing or authentication may make the
student athlete ineligible to participate as a student athlete in
that sport;
commits a Class D felony. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-13 Rights of action
Sec. 13. (a) An educational institution has a right of action against
an athlete agent or a former student athlete for damages caused by a
violation of this article. 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
conduct of an athlete agent or former student athlete, the educational
institution was injured by a violation of this article 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 sanctions likely to be imposed by such an
organization.
(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.
(d) Any liability of the athlete agent or the former student athlete
under this section is several and not joint.
(e) This article does not restrict rights, remedies, or defenses of
any person under law or equity. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-14 Violations and penalties
Sec. 14. (a) A person who violates this article is subject to a civil
penalty not to exceed twenty-five thousand dollars ($25,000) for
each violation, as determined by the court. All civil penalties
recovered under this chapter shall be deposited in the state general
fund.
(b) In addition to the civil penalty imposed under subsection (a),
the attorney general may restrict, suspend, or revoke a certificate of
registration of an athlete agent for violation of this article.
(c) The attorney general may institute and conduct an action in the
name of the state of Indiana for any of the following:
(1) An injunction in any circuit or superior court of Indiana for
injunctive relief to restrain a person from continuing any
activity that violates this article.
(2) The assessment and recovery of the civil penalty provided
in subsection (a).
(d) The attorney general may present any evidence of a crime
under section 12 of this chapter to any prosecuting attorney for
initiation of criminal proceedings against the offender. The attorney
general shall cooperate with the prosecuting attorney in the
prosecution of the offense. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-15 Uniform act
Sec. 15. 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 among the states that enact it. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-16 Electronic records or signatures
Sec. 16. The provisions of this article governing the legal effect,
validity, or enforceability of electronic records or signatures, and of
contracts formed or performed with the use of such records or
signatures conform to the requirements of Section 102 of the
Electronic Signatures in Global and National Commerce Act, Pub.
L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and
limit the Electronic Signatures in Global and National Commerce
Act. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-1 Service of process
Sec. 1. (a) By acting as an athlete agent in Indiana, a nonresident
individual appoints the attorney general as the individual's agent for
service of process in any civil action in Indiana related to the
individual's acting as an athlete agent in Indiana.
(b) The attorney general may issue subpoenas for any material
that is relevant to the administration of this article. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-2 Certificate of registration
Sec. 2. (a) Except as otherwise provided in subsection (b), an
individual may not act as an athlete agent in Indiana without holding
a certificate of registration under section 4 or 6 of this chapter.
(b) Before being issued a certificate of registration, an individual
may act as an athlete agent in Indiana for all purposes except signing
an agency contract, if:
(1) a student athlete or another person acting on behalf of the
student athlete initiates contact with the individual; and
(2) within seven (7) days after an initial act as an athlete agent,
the individual submits an application for registration as an
athlete agent in Indiana.
(c) An agency contract resulting from conduct in violation of this
section is void and the athlete agent shall return any consideration
received under the contract. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-3 Application for registration; agents licensed in other states
Sec. 3. (a) An applicant for registration shall submit an
application for registration to the attorney general in a form
prescribed by the attorney general. An application filed under this
section is a public record under IC 5-14-3. The application must be
in the name of an individual and, except as otherwise provided in
subsection (b), signed or otherwise authenticated by the applicant
under penalty of perjury and contain the following information:
(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 five (5) years immediately 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 (3) 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 acted as an athlete agent during the five
(5) years immediately 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, members, officers, managers,
associates, or profit sharers of the business; and
(B) with respect to a corporation employing the athlete
agent, the officers, directors, and any shareholder of the
corporation having an interest of five percent (5%) or
greater.
(8) Whether the applicant or any person named in subdivision
(7) has been convicted of a crime that, if committed in Indiana,
would be a crime involving moral turpitude or a felony, and
identify the crime.
(9) Whether there has been any administrative or judicial
determination that the applicant or any person named in
subdivision (7) has made a false, misleading, deceptive, or
fraudulent representation.
(10) A description of any instance in which the conduct of the
applicant or any person named in subdivision (7) resulted in the
imposition of a sanction, suspension, or declaration of
ineligibility to participate in an interscholastic or intercollegiate
athletic event on a student athlete or educational institution.
(11) A description of any sanction, suspension, or disciplinary
action taken against the applicant or any person named in
subdivision (7) arising out of occupational or professional
conduct.
(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 person named in subdivision
(7) as an athlete agent in any state.
(b) An individual who has submitted an application for and holds
a certificate of registration or licensure as an athlete agent in another
state may submit a copy of the application and certificate instead of
submitting an application in the form prescribed under subsection
(a). The attorney general shall accept the application and the
certificate from the other state as an application for registration in
Indiana if the application to the other state:
(1) was submitted in the other state within six (6) months
immediately preceding the submission of the application in
Indiana and the applicant certifies that 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
Indiana; and
(3) was signed by the applicant under penalty of perjury. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-4 Issuance of certificate of registration; renewal of registration
Sec. 4. (a) Except as otherwise provided in subsection (b), the
attorney general shall issue a certificate of registration to an
individual who complies with the requirements of section 3(a) of this
chapter or whose application has been accepted under section 3(b) of
this chapter.
(b) The attorney general may refuse to issue a certificate of
registration if the attorney general determines that the applicant has
engaged in conduct that has a significant adverse effect on the
applicant's fitness to act as an athlete agent. In making the
determination, the attorney general may consider whether any of the
following apply to the applicant:
(1) The applicant has been convicted of a crime that, if
committed in Indiana, would be a crime involving moral
turpitude or a felony.
(2) The applicant made a materially false, misleading,
deceptive, or fraudulent representation in the application or as
an athlete agent.
(3) The applicant has engaged in conduct that would disqualify
the applicant from serving in a fiduciary capacity.
(4) The applicant has engaged in conduct prohibited by section
12 of this chapter.
(5) The applicant has had a registration or a license as an athlete
agent suspended, revoked, or denied or been refused renewal of
a registration or a license as an athlete agent in any state.
(6) The applicant has engaged in conduct the consequences of
which were 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.
(7) The applicant has engaged in conduct that significantly
adversely reflects on the applicant's credibility, honesty, or
integrity.
(c) In making a determination under subsection (b), the attorney
general shall consider the following:
(1) How recently the conduct occurred.
(2) The nature of the conduct and the context in which it
occurred.
(3) Any other relevant conduct of the applicant.
(d) An athlete agent may apply to renew a registration by
submitting an application for renewal in a form prescribed by the
attorney general. An application filed under this subsection is a
public record under IC 5-14-3. The application for renewal must be
signed by the applicant under penalty of perjury and must contain
current information on all matters required by section 3(a) of this
chapter for an original registration.
(e) An individual who has submitted an application for renewal of
a registration or a license in another state, instead of submitting an
application for renewal in the form prescribed under subsection (d),
may file a copy of the application for renewal and a valid certificate
of registration or a valid license from the other state. The attorney
general shall accept the application for renewal from the other state
as an application for renewal in Indiana if the application to the other
state:
(1) was submitted in the other state within six (6) months
immediately preceding the filing in Indiana and the applicant
certifies that 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 Indiana; and
(3) was signed by the applicant under penalty of perjury.
(f) A certificate of registration or a renewal of a registration is
valid for two (2) years. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-5 Suspension, revocation, or refusal to renew certificate of
registration
Sec. 5. (a) The attorney general may suspend, revoke, or refuse to
renew a certificate of registration for conduct that would have
justified denial of registration under section 4(b) of this chapter.
(b) The attorney general may deny, suspend, revoke, or refuse to
renew a certificate of registration only after proper notice and an
opportunity for a hearing under IC 4-21.5. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-6 Temporary certificate of registration
Sec. 6. The attorney general may issue a temporary certificate of
registration while an application for registration or renewal of
registration is pending. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-7 Fee for renewal of registration
Sec. 7. A fee established by the attorney general in accordance
with IC 25-1-8-2 must accompany an application for registration or
renewal of registration. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-8 Agency contracts
Sec. 8. (a) An agency contract must be in a record, signed or
otherwise authenticated by the parties.
(b) An agency contract must contain the following:
(1) The amount and method of calculating the consideration to
be paid by the student 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 of registration 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.
(6) The date of execution.
(c) An agency contract must contain, in close proximity to the
signature of the student athlete, 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) IF YOU HAVE AN ATHLETIC DIRECTOR, BOTH YOU
AND YOUR ATHLETE AGENT MUST GIVE TO YOUR
ATHLETIC DIRECTOR THE TEN (10) DAY NOTICE
REQUIRED BY IC 25-5.2-2-9 AND IC 35-46-4-4 BEFORE
EXECUTING THIS CONTRACT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN
FOURTEEN (14) DAYS AFTER SIGNING IT.
CANCELLATION OF THIS CONTRACT MAY NOT
REINSTATE YOUR ELIGIBILITY.
(d) An agency contract that does not conform to this section is
voidable by the student athlete. If a student athlete voids an agency
contract, the student athlete is not required to pay any consideration
under the contract or to return any consideration received from the
athlete agent to induce the student athlete to enter into the contract.
(e) The athlete agent shall give a record of the signed or otherwise
authenticated agency contract to the student athlete at the time of
execution. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-9 Agency contracts; student athletes
Sec. 9. (a) At least ten (10) days before a student athlete enters
into an agency contract, the athlete agent shall give in a record the
notice required by IC 35-46-4-4 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) At least ten (10) days before entering into an agency contract,
the student athlete shall inform the athletic director of the
educational institution at which the student athlete is enrolled or
intends to enroll that the student athlete intends to enter into an
agency contract. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-10 Cancellation of agency contract by student athlete
Sec. 10. (a) A student athlete may cancel an agency contract by
giving notice of the cancellation to the athlete agent in a record
within fourteen (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 athlete agent to induce
the student athlete to enter into the contract. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-11 Retention of records by athlete agents
Sec. 11. (a) An athlete agent shall retain the following records for
a period of five (5) years:
(1) The name and address of each individual represented by the
athlete agent.
(2) A copy of any agency contract entered into by the athlete
agent.
(3) A record of any direct costs incurred by the athlete agent in
the recruitment or solicitation of a student athlete to enter into
an agency contract.
(b) Records required by subsection (a) to be retained are open to
inspection by the attorney general during normal business hours. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-12 Misconduct by athlete agent
Sec. 12. (a) An athlete agent who, with the intent to induce a
student athlete to enter into an agency contract:
(1) gives any materially false or misleading information or
makes a materially false promise or representation;
(2) furnishes anything of value to a student athlete before the
student athlete enters into the agency contract; or
(3) furnishes anything of value to any individual other than the
student athlete or another registered athlete agent;
commits a Class D felony.
(b) An athlete agent who intentionally:
(1) initiates contact with a student athlete unless registered
under this article;
(2) refuses or fails to retain or permit inspection of the records
required to be retained by section 11 of this chapter;
(3) fails to register when required by section 2 of this chapter;
(4) provides materially false or misleading information in an
application for registration or renewal of registration;
(5) predates or postdates an agency contract; or
(6) fails to notify a student athlete before the student athlete
signs or otherwise authenticates an agency contract for a
particular sport that the signing or authentication may make the
student athlete ineligible to participate as a student athlete in
that sport;
commits a Class D felony. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-13 Rights of action
Sec. 13. (a) An educational institution has a right of action against
an athlete agent or a former student athlete for damages caused by a
violation of this article. 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
conduct of an athlete agent or former student athlete, the educational
institution was injured by a violation of this article 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 sanctions likely to be imposed by such an
organization.
(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.
(d) Any liability of the athlete agent or the former student athlete
under this section is several and not joint.
(e) This article does not restrict rights, remedies, or defenses of
any person under law or equity. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-14 Violations and penalties
Sec. 14. (a) A person who violates this article is subject to a civil
penalty not to exceed twenty-five thousand dollars ($25,000) for
each violation, as determined by the court. All civil penalties
recovered under this chapter shall be deposited in the state general
fund.
(b) In addition to the civil penalty imposed under subsection (a),
the attorney general may restrict, suspend, or revoke a certificate of
registration of an athlete agent for violation of this article.
(c) The attorney general may institute and conduct an action in the
name of the state of Indiana for any of the following:
(1) An injunction in any circuit or superior court of Indiana for
injunctive relief to restrain a person from continuing any
activity that violates this article.
(2) The assessment and recovery of the civil penalty provided
in subsection (a).
(d) The attorney general may present any evidence of a crime
under section 12 of this chapter to any prosecuting attorney for
initiation of criminal proceedings against the offender. The attorney
general shall cooperate with the prosecuting attorney in the
prosecution of the offense. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-15 Uniform act
Sec. 15. 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 among the states that enact it. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-16 Electronic records or signatures
Sec. 16. The provisions of this article governing the legal effect,
validity, or enforceability of electronic records or signatures, and of
contracts formed or performed with the use of such records or
signatures conform to the requirements of Section 102 of the
Electronic Signatures in Global and National Commerce Act, Pub.
L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and
limit the Electronic Signatures in Global and National Commerce
Act. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-1 Service of process
Sec. 1. (a) By acting as an athlete agent in Indiana, a nonresident
individual appoints the attorney general as the individual's agent for
service of process in any civil action in Indiana related to the
individual's acting as an athlete agent in Indiana.
(b) The attorney general may issue subpoenas for any material
that is relevant to the administration of this article. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-2 Certificate of registration
Sec. 2. (a) Except as otherwise provided in subsection (b), an
individual may not act as an athlete agent in Indiana without holding
a certificate of registration under section 4 or 6 of this chapter.
(b) Before being issued a certificate of registration, an individual
may act as an athlete agent in Indiana for all purposes except signing
an agency contract, if:
(1) a student athlete or another person acting on behalf of the
student athlete initiates contact with the individual; and
(2) within seven (7) days after an initial act as an athlete agent,
the individual submits an application for registration as an
athlete agent in Indiana.
(c) An agency contract resulting from conduct in violation of this
section is void and the athlete agent shall return any consideration
received under the contract. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-3 Application for registration; agents licensed in other states
Sec. 3. (a) An applicant for registration shall submit an
application for registration to the attorney general in a form
prescribed by the attorney general. An application filed under this
section is a public record under IC 5-14-3. The application must be
in the name of an individual and, except as otherwise provided in
subsection (b), signed or otherwise authenticated by the applicant
under penalty of perjury and contain the following information:
(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 five (5) years immediately 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 (3) 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 acted as an athlete agent during the five
(5) years immediately 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, members, officers, managers,
associates, or profit sharers of the business; and
(B) with respect to a corporation employing the athlete
agent, the officers, directors, and any shareholder of the
corporation having an interest of five percent (5%) or
greater.
(8) Whether the applicant or any person named in subdivision
(7) has been convicted of a crime that, if committed in Indiana,
would be a crime involving moral turpitude or a felony, and
identify the crime.
(9) Whether there has been any administrative or judicial
determination that the applicant or any person named in
subdivision (7) has made a false, misleading, deceptive, or
fraudulent representation.
(10) A description of any instance in which the conduct of the
applicant or any person named in subdivision (7) resulted in the
imposition of a sanction, suspension, or declaration of
ineligibility to participate in an interscholastic or intercollegiate
athletic event on a student athlete or educational institution.
(11) A description of any sanction, suspension, or disciplinary
action taken against the applicant or any person named in
subdivision (7) arising out of occupational or professional
conduct.
(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 person named in subdivision
(7) as an athlete agent in any state.
(b) An individual who has submitted an application for and holds
a certificate of registration or licensure as an athlete agent in another
state may submit a copy of the application and certificate instead of
submitting an application in the form prescribed under subsection
(a). The attorney general shall accept the application and the
certificate from the other state as an application for registration in
Indiana if the application to the other state:
(1) was submitted in the other state within six (6) months
immediately preceding the submission of the application in
Indiana and the applicant certifies that 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
Indiana; and
(3) was signed by the applicant under penalty of perjury. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-4 Issuance of certificate of registration; renewal of registration
Sec. 4. (a) Except as otherwise provided in subsection (b), the
attorney general shall issue a certificate of registration to an
individual who complies with the requirements of section 3(a) of this
chapter or whose application has been accepted under section 3(b) of
this chapter.
(b) The attorney general may refuse to issue a certificate of
registration if the attorney general determines that the applicant has
engaged in conduct that has a significant adverse effect on the
applicant's fitness to act as an athlete agent. In making the
determination, the attorney general may consider whether any of the
following apply to the applicant:
(1) The applicant has been convicted of a crime that, if
committed in Indiana, would be a crime involving moral
turpitude or a felony.
(2) The applicant made a materially false, misleading,
deceptive, or fraudulent representation in the application or as
an athlete agent.
(3) The applicant has engaged in conduct that would disqualify
the applicant from serving in a fiduciary capacity.
(4) The applicant has engaged in conduct prohibited by section
12 of this chapter.
(5) The applicant has had a registration or a license as an athlete
agent suspended, revoked, or denied or been refused renewal of
a registration or a license as an athlete agent in any state.
(6) The applicant has engaged in conduct the consequences of
which were 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.
(7) The applicant has engaged in conduct that significantly
adversely reflects on the applicant's credibility, honesty, or
integrity.
(c) In making a determination under subsection (b), the attorney
general shall consider the following:
(1) How recently the conduct occurred.
(2) The nature of the conduct and the context in which it
occurred.
(3) Any other relevant conduct of the applicant.
(d) An athlete agent may apply to renew a registration by
submitting an application for renewal in a form prescribed by the
attorney general. An application filed under this subsection is a
public record under IC 5-14-3. The application for renewal must be
signed by the applicant under penalty of perjury and must contain
current information on all matters required by section 3(a) of this
chapter for an original registration.
(e) An individual who has submitted an application for renewal of
a registration or a license in another state, instead of submitting an
application for renewal in the form prescribed under subsection (d),
may file a copy of the application for renewal and a valid certificate
of registration or a valid license from the other state. The attorney
general shall accept the application for renewal from the other state
as an application for renewal in Indiana if the application to the other
state:
(1) was submitted in the other state within six (6) months
immediately preceding the filing in Indiana and the applicant
certifies that 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 Indiana; and
(3) was signed by the applicant under penalty of perjury.
(f) A certificate of registration or a renewal of a registration is
valid for two (2) years. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-5 Suspension, revocation, or refusal to renew certificate of
registration
Sec. 5. (a) The attorney general may suspend, revoke, or refuse to
renew a certificate of registration for conduct that would have
justified denial of registration under section 4(b) of this chapter.
(b) The attorney general may deny, suspend, revoke, or refuse to
renew a certificate of registration only after proper notice and an
opportunity for a hearing under IC 4-21.5. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-6 Temporary certificate of registration
Sec. 6. The attorney general may issue a temporary certificate of
registration while an application for registration or renewal of
registration is pending. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-7 Fee for renewal of registration
Sec. 7. A fee established by the attorney general in accordance
with IC 25-1-8-2 must accompany an application for registration or
renewal of registration. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-8 Agency contracts
Sec. 8. (a) An agency contract must be in a record, signed or
otherwise authenticated by the parties.
(b) An agency contract must contain the following:
(1) The amount and method of calculating the consideration to
be paid by the student 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 of registration 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.
(6) The date of execution.
(c) An agency contract must contain, in close proximity to the
signature of the student athlete, 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) IF YOU HAVE AN ATHLETIC DIRECTOR, BOTH YOU
AND YOUR ATHLETE AGENT MUST GIVE TO YOUR
ATHLETIC DIRECTOR THE TEN (10) DAY NOTICE
REQUIRED BY IC 25-5.2-2-9 AND IC 35-46-4-4 BEFORE
EXECUTING THIS CONTRACT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN
FOURTEEN (14) DAYS AFTER SIGNING IT.
CANCELLATION OF THIS CONTRACT MAY NOT
REINSTATE YOUR ELIGIBILITY.
(d) An agency contract that does not conform to this section is
voidable by the student athlete. If a student athlete voids an agency
contract, the student athlete is not required to pay any consideration
under the contract or to return any consideration received from the
athlete agent to induce the student athlete to enter into the contract.
(e) The athlete agent shall give a record of the signed or otherwise
authenticated agency contract to the student athlete at the time of
execution. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-9 Agency contracts; student athletes
Sec. 9. (a) At least ten (10) days before a student athlete enters
into an agency contract, the athlete agent shall give in a record the
notice required by IC 35-46-4-4 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) At least ten (10) days before entering into an agency contract,
the student athlete shall inform the athletic director of the
educational institution at which the student athlete is enrolled or
intends to enroll that the student athlete intends to enter into an
agency contract. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-10 Cancellation of agency contract by student athlete
Sec. 10. (a) A student athlete may cancel an agency contract by
giving notice of the cancellation to the athlete agent in a record
within fourteen (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 athlete agent to induce
the student athlete to enter into the contract. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-11 Retention of records by athlete agents
Sec. 11. (a) An athlete agent shall retain the following records for
a period of five (5) years:
(1) The name and address of each individual represented by the
athlete agent.
(2) A copy of any agency contract entered into by the athlete
agent.
(3) A record of any direct costs incurred by the athlete agent in
the recruitment or solicitation of a student athlete to enter into
an agency contract.
(b) Records required by subsection (a) to be retained are open to
inspection by the attorney general during normal business hours. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-12 Misconduct by athlete agent
Sec. 12. (a) An athlete agent who, with the intent to induce a
student athlete to enter into an agency contract:
(1) gives any materially false or misleading information or
makes a materially false promise or representation;
(2) furnishes anything of value to a student athlete before the
student athlete enters into the agency contract; or
(3) furnishes anything of value to any individual other than the
student athlete or another registered athlete agent;
commits a Class D felony.
(b) An athlete agent who intentionally:
(1) initiates contact with a student athlete unless registered
under this article;
(2) refuses or fails to retain or permit inspection of the records
required to be retained by section 11 of this chapter;
(3) fails to register when required by section 2 of this chapter;
(4) provides materially false or misleading information in an
application for registration or renewal of registration;
(5) predates or postdates an agency contract; or
(6) fails to notify a student athlete before the student athlete
signs or otherwise authenticates an agency contract for a
particular sport that the signing or authentication may make the
student athlete ineligible to participate as a student athlete in
that sport;
commits a Class D felony. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-13 Rights of action
Sec. 13. (a) An educational institution has a right of action against
an athlete agent or a former student athlete for damages caused by a
violation of this article. 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
conduct of an athlete agent or former student athlete, the educational
institution was injured by a violation of this article 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 sanctions likely to be imposed by such an
organization.
(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.
(d) Any liability of the athlete agent or the former student athlete
under this section is several and not joint.
(e) This article does not restrict rights, remedies, or defenses of
any person under law or equity. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-14 Violations and penalties
Sec. 14. (a) A person who violates this article is subject to a civil
penalty not to exceed twenty-five thousand dollars ($25,000) for
each violation, as determined by the court. All civil penalties
recovered under this chapter shall be deposited in the state general
fund.
(b) In addition to the civil penalty imposed under subsection (a),
the attorney general may restrict, suspend, or revoke a certificate of
registration of an athlete agent for violation of this article.
(c) The attorney general may institute and conduct an action in the
name of the state of Indiana for any of the following:
(1) An injunction in any circuit or superior court of Indiana for
injunctive relief to restrain a person from continuing any
activity that violates this article.
(2) The assessment and recovery of the civil penalty provided
in subsection (a).
(d) The attorney general may present any evidence of a crime
under section 12 of this chapter to any prosecuting attorney for
initiation of criminal proceedings against the offender. The attorney
general shall cooperate with the prosecuting attorney in the
prosecution of the offense. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-15 Uniform act
Sec. 15. 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 among the states that enact it. As added by P.L.54-2001, SEC.5.
IC 25-5.2-2-16 Electronic records or signatures
Sec. 16. The provisions of this article governing the legal effect,
validity, or enforceability of electronic records or signatures, and of
contracts formed or performed with the use of such records or
signatures conform to the requirements of Section 102 of the
Electronic Signatures in Global and National Commerce Act, Pub.
L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and
limit the Electronic Signatures in Global and National Commerce
Act. As added by P.L.54-2001, SEC.5.
