The Uniform Athlete Agents Act â Q&A for Athletes
The Uniform Athlete Agents Act – Q&A for Athletes
Question: What is the Uniform Athlete Agents Act? Answer: The Uniform Athlete Agents Act (UAAA) is a model state law that provides a means of regulating the conduct of athlete agents. In most cases, the UAAA, as enacted, requires an athlete agent to register with a state authority, typically the Secretary of State, in order to act as an athlete agent in that state. During the registration process, an athlete agent must provide important background information, both professional and criminal in nature. As of July 2014, the UAAA has been enacted in 43 states (including Wisconsin), the District of Columbia and the U.S. Virgin Islands.
Question: Are the laws regulating athlete agents the same in every state? Answer: NO. Currently, the UAAA has been adopted in 43 states, the District of Columbia and the U.S. Virgin Islands. In addition, California, Michigan and Ohio each have non-UAAA laws that regulate athlete agents. Among the states that have adopted the UAAA, some have slightly altered various provisions to meet the specific needs of that state.
Question: What regulations must athlete agents adhere to under the UAAA that affect athletes’ wellbeing? Answer: The UAAA contains several important provisions that regulate activity between athlete agents and athletes in order to protect things such as athlete eligibility. These include provisions that:
Prohibit an agent from giving false or misleading information or promises with the intent to induce a student-athlete into signing an agency contract Require agents to provide written notification to the institution of a student-athlete who has signed an agency contract within 72-hours of the consummation of the agreement or before the athlete’s next scheduled athletic event, whichever comes first Require an agency contract to contain a notice informing student-athletes that signing a contract may cause them to become permanently ineligible for intercollegiate competition Require agents to allow student-athletes who have signed an agency agreement to cancel the contract within 14 days of consummation. (Note: Cancellation may not reinstate eligibility.) Require agents who have previously signed a student-athlete to an agency contract to inform the educational institution of the agreement not later than 72 hours after the student-athlete enrolls at the institution
The Uniform Athlete Agents Act – Q&A for Athletes
Question: Are student-athletes required to do anything under the UAAA? Answer: YES. Much like that required of athlete agents, student-athletes who enter into agency agreements must inform their respective athletic directors of the contract within 72 hours of signing or before the next athletic contest in which they may perform, whichever comes first.
Question: Can student-athletes be penalized for failing to follow the UAAA in states that have adopted it? Answer: YES. The UAAA provides for civil penalties, with enforcement at the state level. Currently, a right of action exists whereby a school may file suit against a former student-athlete for losses accrued as a result of the student-athlete’s violation of the UAAA. This right of action may change in the near future, but is in full force at this point.
Question: Can student-athletes take legal action if they are injured by an athlete agent failing to follow the law in states that have adopted the UAAA? Answer: Currently, there is no cause of action under which a student-athlete may recover damages from an athlete agent who injures the athlete due to his or her failure to follow UAAA regulations. As of July 2014, a committee is actively working to revise the existing Act. Should the most recent redraft of the Act be adopted, student-athletes will be afforded a cause of action to recover damages from agents in breach of UAAA regulations.
Please contact the Compliance Office if you have any questions by calling 608-265-5071 or email Katie Smith at [email protected].
Question: What is the Uniform Athlete Agents Act? Answer: The Uniform Athlete Agents Act (UAAA) is a model state law that provides a means of regulating the conduct of athlete agents. In most cases, the UAAA, as enacted, requires an athlete agent to register with a state authority, typically the Secretary of State, in order to act as an athlete agent in that state. During the registration process, an athlete agent must provide important background information, both professional and criminal in nature. As of July 2014, the UAAA has been enacted in 43 states (including Wisconsin), the District of Columbia and the U.S. Virgin Islands.
Question: Are the laws regulating athlete agents the same in every state? Answer: NO. Currently, the UAAA has been adopted in 43 states, the District of Columbia and the U.S. Virgin Islands. In addition, California, Michigan and Ohio each have non-UAAA laws that regulate athlete agents. Among the states that have adopted the UAAA, some have slightly altered various provisions to meet the specific needs of that state.
Question: What regulations must athlete agents adhere to under the UAAA that affect athletes’ wellbeing? Answer: The UAAA contains several important provisions that regulate activity between athlete agents and athletes in order to protect things such as athlete eligibility. These include provisions that:
Prohibit an agent from giving false or misleading information or promises with the intent to induce a student-athlete into signing an agency contract Require agents to provide written notification to the institution of a student-athlete who has signed an agency contract within 72-hours of the consummation of the agreement or before the athlete’s next scheduled athletic event, whichever comes first Require an agency contract to contain a notice informing student-athletes that signing a contract may cause them to become permanently ineligible for intercollegiate competition Require agents to allow student-athletes who have signed an agency agreement to cancel the contract within 14 days of consummation. (Note: Cancellation may not reinstate eligibility.) Require agents who have previously signed a student-athlete to an agency contract to inform the educational institution of the agreement not later than 72 hours after the student-athlete enrolls at the institution
The Uniform Athlete Agents Act – Q&A for Athletes
Question: Are student-athletes required to do anything under the UAAA? Answer: YES. Much like that required of athlete agents, student-athletes who enter into agency agreements must inform their respective athletic directors of the contract within 72 hours of signing or before the next athletic contest in which they may perform, whichever comes first.
Question: Can student-athletes be penalized for failing to follow the UAAA in states that have adopted it? Answer: YES. The UAAA provides for civil penalties, with enforcement at the state level. Currently, a right of action exists whereby a school may file suit against a former student-athlete for losses accrued as a result of the student-athlete’s violation of the UAAA. This right of action may change in the near future, but is in full force at this point.
Question: Can student-athletes take legal action if they are injured by an athlete agent failing to follow the law in states that have adopted the UAAA? Answer: Currently, there is no cause of action under which a student-athlete may recover damages from an athlete agent who injures the athlete due to his or her failure to follow UAAA regulations. As of July 2014, a committee is actively working to revise the existing Act. Should the most recent redraft of the Act be adopted, student-athletes will be afforded a cause of action to recover damages from agents in breach of UAAA regulations.
Please contact the Compliance Office if you have any questions by calling 608-265-5071 or email Katie Smith at [email protected].
