An Act to Enact the Uniform Athlete Agents Act
Maine Legislature, Session 121, LD 0229
Committee: Business, Research and Economic Development
Sponsors: NORBERT, CATHCART, CUMMINGS, DUNLAP, SHERMAN, SIMPSON, THOMAS, MARTIN, WOODCOCK

Legislative Document 
No. 229 
H.P.188 
House of Representatives, January 23, 2003 
An Act to Enact the Uniform Athlete Agents Act 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative NORBERT of Portland. 
Cosponsored by Senator CATHCART of Penobscot and 
77/~ 
/J7.-mu~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CUMMINGS of Portland, DUNLAP of Old Town, LEDWINof Holden, 
SHERMAN of Hodgdon, SIMPSON of Auburn, THOMAS of Orono, Senators: MARTIN of 
Aroostook, WOODCOCK of Franklin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 32 MRSA c. 4 is enacted to read: 
CHAPTER 4 
UNIFORM ATHLETE AGENTS ACT 
§23l. 
Short title 
This chapter may be known and cited as "the Uniform Athlete 
Agents Act." 
Comment 
The title Uniform Athlete Agents Act was selected because 
a 
majority of the existing acts regulating the activities of agents 
representing athletes have similar titles. 
§232. 
Definitions 
As 
used in this 
chapter, 
unless 
the 
context otherwise 
indicates, the following terms have the following meanings. 
1. 
Agency contract. 
"Agency contract" means an agreement 
in which a student athlete authorizes a person to negotiate or 
solicit on behalf of the student athlete a professional sports 
services contract or an endorsement contract. 
2. 
Athlete agent. 
"Athlete agent" means an individual who 
enters 
into 
an 
agency 
contract with 
a 
student athlete or, 
directly or indirectly, recruits or solicits a student athlete to 
enter into an agency contract. The term includes an individual 
who represents to the public that the individual is an athlete 
agent. 
The 
term does not include a 
spouse, 
parent, 
sibling, 
grandparent or guardian of the student athlete or an individual 
acting 
solely 
on 
behalf 
of 
a 
professional 
sports 
team 
or 
professional sports organization. 
3. 
Athletic 
director. 
"Athletic 
director" 
means 
an 
individual responsible for 
administering the overall athletic 
program of 
an educational institution or, if an educational 
institution has separately administered athletic programs 
for 
male students and female students, the athletic program for males 
or the athletic program for females, as appropriate. 
4. 
CODDissioner. 
"Commissioner" means the Commissioner of 
Professional and Financial Regulation. 
5. 
Contact. 
"Contact" means 
a 
communication, direct or 
indirect, between an athlete agent and a 
student athlete to 
recruit or solicit the student athlete to enter into an agency 
contract. 
Page l-LR0465(1) 
6. 
Endorsement contract. 
"Endorsement contract" means an 
agreement under which a student athlete is employed or receives 
consideration to use on behalf of the other party any value that 
the student athlete may have because of publicity, reputation, 
following 
or 
fame 
obtained 
because 
of 
athletic 
ability or 
performance. 
7. 
Intercollegiate sport. 
"Intercollegiate sport" means a 
sport played at the collegiate 
level 
for 
which eligibility 
reguirements 
for 
participation 
by 
a 
student 
athlete 
are 
established by 
a 
national 
association 
for 
the 
promotion or 
regulation of collegiate athletics. 
8. 
Person. 
"Person" 
means 
an 
individual, 
corporation, 
business trust. estate, trust, partnership, 
limited liability 
company, 
association 
or 
joint 
venture: 
a 
government 
or 
a 
governmental subdivision, 
agency or instrumentality: 
a 
public 
corporation: or any other legal or commercial entity. 
9. 
Professional sports services contract. 
"Professional 
sports services contract" 
means 
an 
agreement 
under 
which 
an 
individual is employed, or agrees to render services, as a player 
on 
a 
professional 
sports 
team, 
with 
a 
professional 
sports 
organization or as a professional athlete. 
10. 
Record. 
"Record" means information that is inscribed 
on a tangible medium or that is stored in an electronic or other 
medium and is retrievable in perceivable form. 
11. 
Registration. 
"Registration" means registration as an 
athlete agent pursuant to this chapter. 
12. 
State. 
"State" means a state of the United States, the 
District of 
Columbia, 
Puerto Rico, 
the United States Virgin 
Islands or any territory or insular possession subject to the 
jurisdiction of the United States. 
13. 
Student athlete. 
"Student athlete" means an individual 
who engages in, is eligible to engage in or may be eligible in 
the 
future 
to 
engage 
in 
any 
intercollegiate 
sport. 
If 
an 
individual 
is 
permanently 
ineligible 
to 
participate 
in 
a 
particular intercollegiate sport, the individual is not a student 
athlete for purposes of that sport. 
Comment 
Only individuals are within the definition of "athlete agent" and 
therefore required to register under 
Section 
[Maine cite, 
section 235]. Corporations and other business entities do not 
come within the definition of "athlete agent" and therefore are 
not required to register under the act, even though individuals 
employed by the corporation or other business entity as athlete 
agents 
would 
be 
required 
to 
register. 
The 
definition 
also 
includes other individuals or "runners" used by an agent to 
recrui t 
or solicit a student athlete to enter into an agency 
contract. 
Attorneys are not excluded from the definition. 
An 
attorney does not need to comply with the provisions of this act 
in order to provide legal services to a student athlete, but is 
required to register to perform the services of an athlete agent. 
Representatives of "professional sports 
teams 
or professional 
sports organizations," such as baseball teams, are excluded from 
the definition of "athlete agent" as long as they are acting for 
their teams or organizations. If a representative should attempt 
to induce a student athlete to enter into an agency contract, 
rather 
than 
a 
contract 
with 
the 
team 
or 
organization, 
registration is required. Also excluded from the definition are 
individuals who simply provide information to a student athlete, 
but who do not recruit or solicit the student athlete to sign an 
agency contract. For example, a professional athlete who gives a 
student 
athlete 
information 
about 
the 
qualifications 
of 
an 
athlete agent is not required to register unless the professional 
athlete also attempts to recruit or solicit the student athlete 
to sign an agency contract. In the exclusion of certain family 
members from the definition of "athlete agent," the phrase "or 
guardian" is bracketed because some States may use another term 
to describe an individual who has legal responsibility for the 
care of another. 
The definition of "contact" does not include communications which 
merely provide information to the student athlete. For example. a 
communication 
about 
the 
position 
a 
student 
athlete 
could 
reasonably expect to have 
in 
a 
professional draft does 
not 
consti tute recruitment or solicitation to enter into an agency 
contract. 
The 
definition of 
"student athlete" 
applies 
to 
a 
two-sport 
athlete who has eligibility remaining in one sport. For example, 
an individual who has signed a contract to play professional 
basketball is not a 
student athlete in basketball, but is a 
student athlete in baseball. The definition of "student athlete" 
also includes individuals who are not yet in college. It includes 
high 
school 
students, 
high 
school 
dropouts 
and 
high 
school 
graduates 
who 
have 
delayed 
matriculation 
to 
a 
college 
or 
university so long as the individual may have future eligibility 
for interCOllegiate sports. 
§233. 
Service of process; subpoenas 
1. 
Service of process agent. 
By acting as an athlete agent 
in this State, a nonresident individual appoints the commissioner 
as the individual's agent for service of process in any civil 
action in this State related to the individual's acting as an 
athlete agent in this State. 
2. 
Subpoenas. 
The commissioner may issue subpoenas for any 
material that is relevant to the administration of this chapter. 
Conment 
The office of Secretary of State has been designated as the 
administrator of existing acts 
regulating the activities of 
athlete agents more frequently than any other office. The office 
of Secretary of State is referred to in subsection (b) 
[Maine 
cite subsection 2] and throughout this act. It is recognized, 
however, that the appropriate state office to administer this act 
may vary from State to State and, therefore, references to the 
Secretary of State are in brackets. 
Subsection (b) [Maine cite subsection 2] is in brackets because 
it may not be required under the administrative procedure acts of 
some States. If subsection (b) [Maine cite subsection 2] is not 
used, the remainder of the section should not be designated as 
(a) [Maine cite subsection 1]. 
Maine Conwnent 
The 
Commissioner 
of Professional 
and Financial Regulation 
1S 
designated as the administrator of this chapter. 
§234. 
Athlete agents: registration required; void contracts 
1. 
Registration required. 
Except as otherwise provided in 
subsection 2, an individual may not act as an athlete agent in 
this State without holding a certificate of registration under 
section 236 or 238. 
2. 
Exception. 
Before 
being 
issued 
a 
certificate 
of 
registration, an individual may act as an athlete agent in this 
State for all purposes except signing an agency contract if: 
A. 
A student athlete or another person acting on behalf of 
the 
student 
athlete 
initiates 
communication 
with 
the 
individual; and 
B. 
Within 7 days after an initial act as an athlete agent, 
the individual submits an application for registration as an 
athlete agent in this State. 
3. 
Contract 
in 
violation 
void. 
An 
agency 
contract 
resul ting from conduct in violation of this section is void and 
the athlete agent shall return any consideration received under 
the contract. 
Comment 
The 
intent 
of 
this 
section 
is 
to 
make 
the 
registration 
requirement as broad as constitutionally permissible consistent 
with the minimum contacts theory of International Shoe Company v. 
Washington, 
U. S. 
(1945). Agents must register in each 
State 
in which 
they 
have 
established minimum 
contacts. 
For 
example, an individual in State A contacting a student athlete in 
State 
B is acting as an athlete agent in both States and is 
therefore required to register in both States. 
Subsection (b) [Maine cite subsection 2] provides a safe harbor 
for 
an 
unregistered 
individual 
with 
whom 
a 
student athlete 
initiates 
communications. 
The 
individual 
must 
apply 
for 
registration wi thin seven days from the beginning of any effort 
to recruit or solicit the student athlete to enter into agency 
contract. 
If the individual 
does 
not attempt 
to recruit or 
solici t 
the 
student 
athlete 
to 
sign 
an 
agency 
contract, 
registration is 
not 
required. 
References 
to 
"days" 
in this 
section and throughout the act mean calendar days. 
In addition to the penalties which may be imposed under Sections 
and 17 
[Maine cite sections 245 
and 247], 
subsection (c) 
[Maine cite subsection 3] 
discourages contact with a 
student 
athlete by an individual who has not registered as an athlete 
agent. An agency contract resulting from that contract is void, 
not merely voidable. 
§235. 
Registration as athlete agent; form; requirements 
1. 
Application; contents. 
An applicant for registration 
shall submit an application for registration to the commissioner 
in a form prescribed by the commissioner. An application filed 
under this section is a public record. The application must be in 
the name of an individual and, except as otherwise provided in 
subsection 2, must be signed or otherwise authenticated by the 
applicant under penalty of perjury and state or contain: 
A. 
The 
name 
of 
the 
applicant 
and the 
address 
of 
the 
applicant's principal place of business: 
B. 
The name of the applicant's business or employer, if 
applicable: 
c. 
Any business or occupation engaged in by the applicant 
for the 5 years next preceding the date of submission of the 
application: 
D. 
A description of the applicant's: 
(1) 
Formal training as an athlete agent: 
(2) 
Practical experience as an athlete agent: and 
(3) 
Educational background relating to the applicant's 
activities as an athlete agent: 
E. 
The names and addresses of 3 individuals not related to 
the applicant who are willing to serve as references: 
F. 
The name, sport and last-known team for each individual 
for whom the applicant acted as an athlete agent during the 
years 
next 
preceding 
the 
date 
of 
submission 
of 
the 
application: 
G. 
The names and addresses of all persons who are: 
(1) 
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 
(2) 
With 
respect 
to 
a 
corporation 
employing 
the 
athlete 
agent, 
the 
officers, 
directors 
and 
any 
shareholder of the corporation having an interest of 5% 
or greater: 
H. 
Whether the applicant or any person named pursuant to 
paragraph G has been convicted of a crime that, if committed 
in this State, would be a crime involving moral turpitude or 
a felony and must identify the crime: 
I. 
Whether there has been any administrative or judicial 
determination 
that 
the 
applicant 
or 
any 
person 
named 
pursuant 
to 
paragraph 
G has 
made 
a 
false, 
miSleading, 
deceptive or fraudulent representation: 
J. 
Any instance in which the conduct of the applicant or 
any person named pursuant to paragraph G 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; 
K. 
Any sanction, suspension or disciplinary action taken 
against 
the 
applicant or 
any 
person 
named 
pursuant 
to 
paragraph 
G arising out of occupational or professional 
conduct; and 
L. 
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 pursuant to paragraph G as an athlete agent in any 
state. 
2. 
Certificate from another state. 
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 in lieu of 
submitting an application in the form prescribed pursuant to 
subsection 1. 
The commissioner shall accept the application and 
the certificate 
from 
the 
other state as 
an application for 
registration in this State if the application to the other state: 
A. 
Was submitted in the other state within the 6 months 
next preceding the submission of the application in this 
State 
and 
the 
applicant certifies that 
the 
information 
contained in the application is current; 
B. 
Contains information substantially similar to or more 
comprehensive than that required in an application submitted 
in this State; and 
C. 
Was signed by the applicant under penalty of perjury. 
Comment 
Most of the requirements for disclosure in an application for 
registration found in subsection (a) 
[Maine cite subsection 1] 
are similar to requirements imposed by existing acts. Subsection 
(a)(6) [Maine cite subsection 1, paragraph F] is not intended to 
cause an athlete agent who is also an attorney to violate the 
attorney-client privilege. If an attorney's role is limited to 
providing legal services to a student athlete, the attorney is 
not required to register as an athlete agent or comply with this 
act. 
An attorney's actions as an athlete agent, 
however, 
are 
outside the scope of legal services, there is no privilege and 
the attorney must comply with this act. 
It is 
the 
intent of this 
section to 
require 
that 
records 
concerning registration of athletes be open to the public. The 
provision in subsection (a) 
[Maine cite subsection 1] about an 
application being a public record is bracketed because it is not 
necessary in States which have other applicable law causing the 
records to be open to the public. 
Subsection (b) [Maine cite subsection 2] provides for reciprocal 
use of applications in States which have adopted the Uniform Act. 
The need for an agent to comply with substantially different 
application procedures in multiple jurisdictions is eliminated. 
It is the first of a number of reciprocity provisions found in 
the act which are intended to ease the burden placed on agents by 
substantially different registration requirements and to simplify 
enforcement of the act. 
Absence of reciprocity provisions in 
existing acts is a primary reason why the Uniform Act is needed. 
§236. 
Certificate of registration; issuance or denial; renewal 
1. 
Issuance of certificate. 
Except as otherwise provided 
in subsection 2, the commissioner shall issue a certificate of 
registration to an individual who 
complies with section 235, 
subsection 1 or whose application has been accepted under section 
235, subsection 2. 
2. 
Refusal to issue certificate. 
The 
commissioner 
may 
refuse to issue a certificate of registration if the commissioner 
determines that the applicant has engaged in conduct that has a 
significant adverse effect on the applicant I s fitness to act as 
an athlete agent. In making the determination, the commissioner 
may consider whether the applicant has: 
A. 
Been convicted of a crime that, if committed in this 
State, 
would be 
a 
crime involving moral turpitude or 
a 
felony; 
B. 
Made 
a 
materially 
false, 
misleading, 
deceptive 
or 
fraudulent 
representation 
in 
the 
application 
or 
as 
an 
athlete agent; 
c. 
Engaged in conduct that would disqualify the applicant 
from serving in a fiduciary capacity; 
D. 
Engaged in conduct prohibited by section 244; 
E. 
Had a registration or licensure as an athlete agent 
suspended, 
revoked or denied or been refused renewal of 
registration or licensure as an athlete agent in any state; 
F. 
Engaged in conduct the conseguence of which was 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: or 
G. 
Engaged in conduct that significantly adversely reflects 
on the applicant's credibility, honesty or integrity. 
3. 
Considerations. 
In 
making 
a 
determination 
under 
subsection 2, the commissioner shall consider: 
A. 
How recently the conduct occurred; 
B. 
The nature of the conduct and the context in which it 
occurred; and 
C. 
Any other relevant conduct of the applicant. 
4. 
Application for renewal. 
An athlete agent may apply to 
renew a registration by submitting an application for renewal in 
a 
form prescribed by the commissioner. 
An 
application filed 
under this section is 
a 
public 
record. 
The 
application for 
renewal must be signed by the applicant under penalty of perilirY 
and must contain current information on all matters required in 
an original registration. 
5. 
Certificate 
from 
another 
state 
for 
renewal. 
An 
individual 
who 
has 
submitted 
an 
application 
for 
renewal 
of 
registration or licensure in another state, in lieu of sUbmitting 
an application for renewal in the form prescribed pursuant to 
subsection 4, may file a copy of the application for renewal and 
a valid certificate of registration or licensure from the other 
state. The commissioner shall accept the application for renewal 
from the other state as an application for renewal in this State 
if the application to the other state: 
A. 
Was submitted in the other state within the 
months 
next preceding the filing in this State and the applicant 
certifies the information contained in the application for 
renewal is current; 
B. 
Contains information substantially similar to or more 
comprehensive 
than 
that 
required 
in 
an 
application 
for 
renewal submitted in this State; and 
C. 
Was signed by the applicant under penalty of perjury. 
6. 
Term of registration. 
A certificate of registration or 
a renewal of a registration is valid for 2 years. 
Comment 
This section includes many of the factors which are considered in 
determining whether to register athlete agents under existing 
legislation. In addition, the Secretary of State is authorized to 
consider action taken in another State, which has adopted the 
Uniform Act, regarding registration or licensure. 
A requirement that Secretaries of State exchange 
information 
about 
denial, 
suspension, 
revocation 
or 
refusal 
to 
renew 
registration of athlete agents is beyond the scope of this act. 
Since an agreement to exchange such information would reduce the 
expense of administering this act and provide for more effective 
enforcement, it seems likely the Secretaries of State will enter 
into such an agreement. 
§237. 
Suspension, revocation or refusal to renew registration 
1. 
Suspension, revocation or nonrenewal. 
The commissioner 
may suspend, revoke or refuse to renew a registration for conduct 
that would have justified denial of registration under section 
236, subsection 2. 
2. 
Notice and opportunity for hearing. 
The commissioner 
may deny, 
suspend, 
revoke or refuse to renew a certificate of 
registration 
or 
licensure 
only 
after 
proper 
notice 
and 
an 
opportunity for a hearing. The Maine Administrative Procedure Act 
applies to this chapter. 
Comment 
By reference to Section 6(b) [Maine cite section 236, subsection 
2], this section permits the Secretary of State to consider, 
among other things, actions in another State to suspend, revoke 
or refuse to renew registration. 
"Administrative Procedures Act" is bracketed because some States 
may refer to 
laws relating to due process 
in administrative 
procedures by another name. 
§238. 
Temporary registration 
The 
commissioner 
may 
issue 
a 
temporary 
certificate 
of 
registration while an application for registration or renewal of 
registration is pending. 
Comment 
The discretion to issue a temporary certificate of registration 
is broad enough to include issuance of such a certificate even 
where the registration may be contested. It is not necessary to 
issue a temporary certificate to protect an individual with whom 
a student athlete initiated communications. Under Section 4 (b) 
[Maine cite section 234, subsection 2], that individual is only 
required to file an application for registration within seven 
days after commencement of efforts to recruit or solicit the 
student athlete to sign an agency contract. 
§239. 
Registration and renewal fees 
An application for registration or renewal of registration 
must be accompanied by a fee of: 
1. 
Initial application. 
[$] for an initial application for 
registration; 
2. 
Application based on certific;:lte from another state. 
[$] for an application for registration based upon a certificate 
of registration or licensure issued by another statej 
3. 
Renewal. 
[$] 
for 
an 
application 
for 
renewal 
of 
registration; or 
4. 
Renewal based on certificate from another state. 
[$] 
for an application for 
renewal of registration based upon an 
gpplication for renewal of registration or licensure submitted in 
another state. 
Comment 
The amount of fees is left for each State to determine. 
Some 
States with existing acts have set fees in amounts sufficient to 
recover the cost of administration. If that approach is taken, a 
fee for registration or renewal based on registration or renewal 
of registration in another State should be less than when 
a 
complete evaluation and review of an application is necessary. 
Athlete agent registration is the cornerstone of this act. High 
registration fees imposed by some States with existing acts have 
Page ll-LR0465(1) 
probably contributed to 
under existing acts. The 
the implementation of a 
motivate non-compliance. 
seemingly small numbers of registrants 
success of this act may be contingent on 
reasonable fee structure which does not 
§240. 
Required form of contract 
1. 
Form of contract. 
An 
agency contract must be in a 
record, signed or otherwise authenticated by the parties. 
2. 
Contents. 
An agency contract must state or contain: 
A. 
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; 
B. 
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; 
C. 
A description of any expenses that the student athlete 
agrees to reimburse; 
D. 
A description of the services to be provided to the 
student athlete; 
E. 
The duration of the contract; and 
F. 
The date of execution. 
3. 
Required notice. 
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 'l'O STUDENT ATHLETE 
IF YOU SIGN THIS CONTRACT: 
(1) YOU MAY LOSE YOUR ELIGIBILITY 'l'O COMPETE AS A STUDENT ATHLETE 
IN YOUR SPORT; 
(2) 
IF 
YOU 
HAVE 
AN 
ATHLETIC 
DIREC'l'OR, 
WITHIN 
HOURS 
AFTER 
ENTERING IN'l'O THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST 
NOTIFY YOUR ATHLETIC DIREC'l'OR; AND 
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. 
CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY. 
4. 
Contract not in compliance voidable. 
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 reguired 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. 
5. 
Record of contract to student athlete. 
The athlete 
agent 
shall 
give 
a 
record 
of 
the 
signed 
or 
otherwise 
authenticated agency contract to the student athlete at the time 
of execution. 
COlIBDent 
This section is intended to provide protection to the student 
athlete by requiring a form of agency contract similar to those 
required in some consumer transactions. The Drafting Committee 
preferred to require that agency contracts be in traditional 
written form. However, the adoption of the Electronic Signatures 
in Global and National Commerce Act (see Section 19 [Maine cite 
section 249]) eliminated that option. 
A student athlete who opts to void an agency contract under this 
section because it does not comply with the specified form is not 
required to 
return any consideration received to 
induce 
the 
signing 
of 
the 
agency 
contract 
because 
such 
inducement 
is 
prohibited conduct under Section 14 [Maine cite section 244J. 
The compensation referred to in subsection (b) (2) 
[Maine cite 
subsection 2, paragraph 8] is compensation for services intended 
to induce the student athlete to sign an agency contract. It does 
not 
include 
compensation 
individuals 
may 
receive 
because 
an 
athlete agent has been successful in securing an agency contract. 
For example, the compensation paid employees of an athlete agent 
who did not participate in inducing the student athlete to sign 
an agency contract is not compensation under subsection (b) (2) 
[Maine 
cite 
subsection 
2, 
paragraph 
8] 
even 
though 
their 
compensation may be made possible by the income resulting from 
the agency contract. 
Subsection (b) [Maine cite subsection 2] contains references to a 
student athlete in a time context in which the individual may be 
a 
former 
student 
athlete. 
This 
is 
done 
for 
simplicity 
in 
drafting. It should be noted that violation of eligibility rules 
adopted by an educational institution or a national association 
is not automatic and does not occur until a determination has 
been 
made 
by 
the 
educational 
institution 
or 
the 
national 
association. 
Page l3-LR0465(1) 
§241. 
Notice to educational institution 
1. 
Notice required by athlete agent. 
Within 72 hours after 
entering into an agency contract or before the next scheduled 
athletic event in which the student athlete may participate, 
whichever occurs first, the athlete agent shall give notice in a 
record 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. 
2. 
Notice required by student athlete. 
Within 72 
hours 
after entering into 
an 
agency 
contract 
or 
before 
the 
next 
athletic event in which the student athlete may participate, 
whichever occurs first, 
the student athlete shall inform the 
athletic director of the educational institution at which the 
student athlete is enrolled that the student athlete has entered 
into an agency contract. 
Comment 
The 
purpose 
of 
this 
section 
is 
to 
prevent 
an 
educational 
insti tution from being sanctioned or penalized by allowing an 
ineligible player to participate in intercollegiate sports. The 
penal ties may be severe. In addition to non-monetary penal ties 
mentioned in the prefatory note, penalties may include loss of 
very 
substantial 
revenues 
received 
for 
participation 
in 
a 
football bowl game or a post-season basketball tournament. 
§242. 
Student athlete's right to cancel 
1. 
Cancellation period. 
A student athlete may cancel an 
agency contract by giving notice of 
the cancellation to the 
athlete agent in a record within 14 days after the contract is 
signed. 
2. 
Right not waivable. 
A student athlete may not waive the 
right to cancel an agency contract. 
3. 
Consideration. 
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. 
Page l4-LR0465(1) 
Comment 
Because of the disparity in the sophistication of the parties, 
this section gives the student athlete or former student athlete 
the right to cancel an agency contract within 14 days even if the 
athlete agent has complied with the provisions of Section 10 
[Maine cite section 240] regarding the form of the contract. The 
section provides relief to the student athlete who has entered 
into an ill-considered agency contract, but does not provide any 
assurance that the student athlete will be eligible to compete in 
a sport. 
§243. 
Required records 
1. 
Required records. 
An athlete agent shall retain the 
following records for a period of 5 years: 
A. 
The name and address of each individual represented by 
the athlete agent: 
B. 
Any agency contract entered into by the athlete agent; 
C. 
Any direct costs incurred by the athlete age:v.t 
recruitment or solicitation of a student athlete to 
into an agency contract. 
in the 
enter 
2. 
Open to inspection. 
Records required by subsection 1 to 
be retained are open to inspection by the commissioner during 
normal business hours. 
§244. 
Prohibited conduct 
1. 
Prohibited conduct to induce entering into contract. 
An 
athlete agent, with the intent to induce a 
student athlete to 
enter into an agency contract, may not: 
A. 
Give any materially false or misleading information or 
make a materially false promise or representation; 
B. 
Furnish anything of value to a student athlete before 
the student athlete enters into the agency contract; or 
C. 
Furnish anything of value to any individual other than 
the student athlete or another registered athlete agent. 
2. 
Prohibited conduct by athlete-agent. 
An athlete agent 
may not intentionally: 
A. 
Initiate 
contact 
with 
a 
student 
athlete 
unless 
registered under this chapter ; 
B. 
Rgfuse or fail to retain or permit 
in~;;pe~tion of the 
records required to be retained by section 243; 
C. 
Fail to register when required by section 234; 
D. 
Provide materially false or misleading information in an 
application for registration or renewal of registration; 
E. 
Predate or postdate an agency contract; or 
F. 
Fail to notify a 
student athlete before the student 
ath1gte 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. 
Comment 
This section describes the conduct which gives rise to criminal 
penalties and civil liabilities under Sections 15 and 16 [Maine 
cite sections 245 and 246]. 
Subsection 
(a) (3) 
[Maine 
cite 
subsection 
1, 
paragraph 
C] 
prohibits an athlete agent from making any payment or providing 
anything of value to 
an individual who 
is in a position to 
influence a 
student athlete to enter into an agency contract 
unless that individual is registered as an athlete agent. There 
have been numerous instances in which an athlete agent has made 
payment to or provided something of value to family members, 
friends or roommates of student athletes to enlist their services 
in inducing a student athlete to sign an agency contract usually 
without disclosure to the student athlete. 
If 
a 
student athlete signs 
an 
agency contract in the 
form 
required by Section 10 
[Maine cite section 240], 
there is no 
failure to notify under subsection (b) (6) [Maine cite subsection 
2, paragraph F] because the agency contract includes the warning 
to student athlete required by Section 10 (c) [Maine cite section 
240, subsection 3]. 
§245. 
Criminal penalties 
An athlete agent who violates section 244 commits a Class E 
crime. 
Counent 
The extent of the criminal penalties which may be imposed for 
violation of the act are left to the States adopting the act 
because of a wide variation in the criminal penalties provided 
for by existing acts. Variations in the criminal penalties which 
may be imposed would not detract from the otherwise uniform and 
reciprocal provisions of the act. Some potential criminal penalty 
is necessary to discourage those individuals who are willing to 
engage in improper or illegal conduct because of the size of the 
monetary stakes in the contemporary professional sports world. 
§246. 
Civil remedies 
1. 
Action 
by 
educational 
institution. 
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 
chapter. In an action under this section, the court may award to 
the prevailing party costs and reasonable attorney's fees. 
2. 
Damages. 
Damages of an educational institution under 
subsection 1 include losses and expenses incurred because, as a 
result of the conduct of an athlete agent or former student 
athlete, the educational institution was inj ured by a violation 
of this chapter or was penalized, 
dis~ualified 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. 
3. 
Accrual. 
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. 
4. 
Liability. 
Any liability of the athlete agent or the 
former student athlete under this section is several and not 
joint. 
5. 
Other remedies. 
This chapter does not restrict rights, 
remedies or defenses of any person under law or e~uity. 
Conunent 
It 
is 
assumed 
that 
educational 
institutions 
will 
be 
very 
reluctant to bring an action against a former student athlete. 
Public 
opinion 
and 
the 
desire 
to 
be 
successful 
in 
future 
Page l7-LR0465(l) 
recruiting of athletes should cause educational institutions to 
carefully consider whether to exercise the right established by 
subsection (a) 
[Maine cite subsection 1] 
in most situations. 
There 
are, 
however, 
known 
instances 
of 
extremely 
egregious 
conduct by student athletes who received lucrative professional 
contracts 
which 
caused 
serious 
damage 
to 
educational 
institutions. Subsection (a) [Maine cite subsection 1] keeps open 
the possibility of a civil action against those individuals. 
Section 
[Maine 
cite 
section 
246] 
does 
not 
specifically 
authorize an action by a student athlete against an athlete agent 
because 
the 
student athlete 
can bring 
an 
action against 
an 
athlete agent under existing law. 
Subsection (e) 
[Maine cite 
subsection 5] preserves the rights of the student athlete under 
existing law. 
§247. 
Administrative penalty 
The commissioner may assess a fine against an athlete agent 
not to exceed $25,000 for a violation of this chapter. 
Comment 
The 
procedure 
for 
imposing 
an 
administrative 
penalty 
and 
complying with due process requirements 
ar~ left to the adopting 
State's administrative procedures leW. 
§248. 
Uniformity of application and construction 
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 states that enact it. 
§Z49. 
Federal Electronic Signatures in Global and National 
Commerce Act 
The provisions of this chapter 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 
the 
federal 
Electronic Signatures in Global and National Commerce Act, Public 
Law 106-229, Section 102, 
Stat. 464 
(2000) 
and supersede, 
modify and limit the federal Electronic Signatures in Global and 
National Commerce Act. 
Conunent 
The Electronic Signatures in Global and National Commerce Act 
(ESGNCA) 
contains 
provisions 
governing 
the 
legal 
effect, 
validity, or enforceability of electronic records and electronic 
signatures. The act recognizes contracts which have been formed 
with the use of electronic records or electronic signatures even 
though the Drafting Committee recommends that agency contracts be 
in the traditional written form. 
§250. 
Effective date 
This chapter takes effect January I, 2004. 
This bill enacts 
comments of the National 
State Laws are included. 
SUMMARY 
the 
Uniform 
Conference 
Athlete 
Agents 
of Commissioners 
Act. 
The 
on Uniform 
This bill designates the Commissioner of Professional and 
Financial Regulation as the administrator of the law.