reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.400 - Confirmation of an award.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.400. Confirmation of an award. —
Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections 435.405 and 435.410.
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(L. 1980 H.B. 1203 § 11)
(1991) Where employee's suit was a hybrid Section 301 of the federal Labor Management Relations Act and a fair representation claim to which a six-month statute of limitations applied, Missouri statute allowing successful litigant ten years to collect judgment did not apply to employee's suit against his employer to enforce arbitration back pay award. Livingstone v. Schnuck Market, Inc., 950 F.2d 579 (8th Cir.).
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.405 - Vacating an award — de novo judicial review, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1998
435.405. Vacating an award — de novo judicial review, when. —
1. Upon application of a party, the court shall vacate an award where:
(1) The award was procured by corruption, fraud or other undue means;
(2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;
(3) The arbitrators exceeded their powers;
(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 435.370, as to prejudice substantially the rights of a party; or
(5) There was no arbitration agreement and the issue was not adversely determined in proceedings pursuant to section 435.355 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
2. An application pursuant to this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety days after such grounds are known or should have been known.
3. In vacating the award on grounds other than stated in subdivision (5) of subsection 1 of this section or subsection 5 of this section, the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 435.360, or if the award is vacated on grounds set forth in subdivisions (3) and (4) of subsection 1 of this section the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 435.360. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
4. If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
5. Notwithstanding the provisions of this section, if an arbitration award in any legal proceeding pursuant to chapter 452 or chapter 454 determines an issue regarding a child of the marriage, such determination shall be subject to de novo judicial review.
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(L. 1980 H.B. 1203 § 12, A.L. 1998 S.B. 910)
(1998) Section does not authorize setting aside award due to manifest disregard of the law. Edward D. Jones & Co. v. Schwartz, 969 S.W.2d 788 (W.D.Mo.).
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.410 - Modification or correction of award.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.410. Modification or correction of award. —
1. Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:
(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;
(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
2. If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
3. An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
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(L. 1980 H.B. 1203 § 13)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.415 - Judgment or decree on award — certain arbitration awards not binding, not admissible, and not basis for judgment or decree, when — insurer defined.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 2021, 2 histories
435.415. Judgment or decree on award — certain arbitration awards not binding, not admissible, and not basis for judgment or decree, when — insurer defined. —
1. Except as provided in subsection 2 of this section, upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.
2. Any arbitration award for personal injury, bodily injury, or death or any judgment or decree entered on an arbitration award for personal injury, bodily injury, or death shall not be binding on any insurer, shall not be admissible in evidence in any lawsuit against any insurer for any party to an arbitration award, and shall not provide the basis for any judgment or decree, including any garnishment, against any insurer, unless the insurer has agreed in writing to the arbitration proceeding. Any arbitration award for personal injury, bodily injury, or death or any judgment or decree confirming, modifying, or correcting any arbitration award for personal injury, bodily injury, or death shall not be subject to garnishment, enforcement, or collection from any insurer unless the insurer has agreed in writing to the written arbitration agreement. Unless otherwise required by the insurance contract, an insurer's election not to participate in an arbitration proceeding shall not constitute, nor be construed to be, bad faith. This section shall not apply to any arbitration required by statute or arising out of an arbitration agreement preceding the date of the injury or loss which is the subject of the arbitration.
3. As used in this section, the term
"insurer"
shall include any entity authorized to transact liability insurance business in this state including, but not limited to, any liability insurance company organized, incorporated, or doing business pursuant to the provisions of chapter 379, any entity formed pursuant to section 537.620, any entity which is subject to sections 537.700 to 537.756, or any entity which provides risk management services to any public or private entity.
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(L. 1980 H.B. 1203 § 14, A.L. 2021 H.B. 345)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.420 - Judgment roll, docketing.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.420. Judgment roll, docketing. —
1. On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:
(1) The agreement and each written extension of the time within which to make the award;
(2) The award;
(3) A copy of the order confirming, modifying or correcting the award; and
(4) A copy of the judgment or decree.
2. The judgment or decree may be docketed as if rendered in an action.
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(L. 1980 H.B. 1203 § 15)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.425 - Applications to court.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.425. Applications to court. —
Except as otherwise provided, an application to the court under sections 435.350 to 435.470 shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
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(L. 1980 H.B. 1203 § 16)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.430 - Court, jurisdiction.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.430. Court, jurisdiction. —
The term
"court"
means any court of competent jurisdiction of this state. The making of an agreement described in section 435.350 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under sections 435.350 to 435.470 and to enter judgment on an award thereunder.
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(L. 1980 H.B. 1203 § 17)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.435 - Venue.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.435. Venue. —
An initial application shall be made to the circuit court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this state, to the circuit court of Cole County. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
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(L. 1980 H.B. 1203 § 18)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.440 - Appeals.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.440. Appeals. —
1. An appeal may be taken from:
(1) An order denying an application to compel arbitration made under section 435.355;
(2) An order granting an application to stay arbitration made under subsection 2 of section 435.355;
(3) An order confirming or denying confirmation of an award;
(4) An order modifying or correcting an award;
(5) An order vacating an award without directing a rehearing; or
(6) A judgment or decree entered pursuant to the provisions of sections 435.350 to 435.470.
2. The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
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(L. 1980 H.B. 1203 § 19)
(2016) Interlocutory order denying arbitration is immediately appealable upon entry. Sanford v. Centurytel of Missouri, LLC, 490 S.W.3d 717 (Mo.).
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.445 - Act not retroactive.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.445. Act not retroactive. —
Sections 435.350 to 435.470 apply only to agreements made subsequent to the taking effect of sections 435.350 to 435.470.
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(L. 1980 H.B. 1203 § 20)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.450 - Uniformity of interpretation.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.450. Uniformity of interpretation. —
Sections 435.350 to 435.470 shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
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(L. 1980 H.B. 1203 § 21)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.455 - Constitutionality.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.455. Constitutionality. —
If any provision of sections 435.350 to 435.470 or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of sections 435.350 to 435.470 which can be given without the invalid provision or application, and to this end the provisions of sections 435.350 to 435.470 are severable.
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(L. 1980 H.B. 1203 § 22)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.460 - Notice of arbitration provisions required.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.460. Notice of arbitration provisions required. —
Each contract subject to the provisions of sections 435.350 to 435.470 shall include adjacent to, or above, the space provided for signatures a statement, in ten point capital letters, which read substantially as follows:
"THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES."
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(L. 1980 H.B. 1203 § 23)
(1985) Provisions of this section may not be applied to defeat the arbitration provision of a contract within the coverage of the Federal Arbitration Act (Maritime transactions or transactions involving commerce). Bunge Corp. v. Perryville Feed & Produce (Mo. banc), 685 S.W.2d 837.
(1985) Held to be invalid when applied to commercial contracts involving interstate commerce pursuant to preemption by the Federal Arbitration Act, 9 U.S.C. §§ 1-14 (1982). Bunge Corp. v. Perryville Feed and Produce Co., (Mo. banc) 685 S.W.2d 837.
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.465 - Application of law.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1997
435.465. Application of law. —
1. Sections 435.350 to 435.470 shall apply only to written agreements between commercial persons, or between such persons and those with whom they contract other than commercial persons, involving the submission of any existing controversy to arbitration, or involving a written contract between commercial persons, or between such persons and those with whom they contract other than commercial persons, to submit to arbitration any controversy thereafter arising between such parties. Such agreements and provisions are valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract.
2. As used in subsection 1 of this section, the term
"commercial persons"
shall mean all persons and legal entities, excluding any government or governmental subdivision or agency.
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(L. 1980 H.B. 1203 § 24, A.L. 1995 H.B. 189, A.L. 1997 S.B. 243)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 435 - Arbitration › Section 435.470 - Short title.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 435
• Effective - 28 Aug 1980
435.470. Short title. —
Sections 435.350 to 435.470 may be cited as the "Uniform Arbitration Act".
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(L. 1980 H.B. 1203 § 25)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.100 - Definitions.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
Effective - 28 Aug 1992
436.100. Definitions. —
As used in this section, the following terms mean:
(1)
"Campground"
, real property, other than state-owned property, which contains parcels for rent to transient guests for pay or compensation, which may include temporary utility hook-ups for use by the transient guests, and where such transient guests generally use tents, recreational vehicles or some other form of temporary shelter while on the rented premises;
(2)
"Franchise"
, a written arrangement for a definite or indefinite period, in which a person grants to another person a license to use a trade name, trade mark, service mark, or related characteristics, and in which there is a community of interest in the marketing of goods or services at wholesale, retail, by lease, agreement, or otherwise;
(3)
"Franchisee"
, a person to whom a franchise to operate a campground is offered or granted;
(4)
"Franchisor"
, a person who grants a franchise to operate a campground to another person;
(5)
"Person"
, a natural person, corporation, partnership, trust, or other entity and, in case of an entity, it shall include any other entity which has a majority interest in such entity or effectively controls such other entity as well as the individual officers, directors, and other persons in active control of the activities of each such entity.
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(L. 1992 S.B. 661 & 620 § 6 subsec. 1)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.103 - Action for damages or injunction, jurisdiction.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
Effective - 28 Aug 1992
436.103. Action for damages or injunction, jurisdiction. —
Any party to a franchise agreement may bring an action in the jurisdiction in which the franchisee is located to recover damages sustained by reason of the breach of the franchise agreement and, where appropriate, shall be entitled to injunctive relief. Such party to the franchise, if successful, shall also be entitled to the costs of the action including, but not limited to, reasonable attorney's fees.
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(L. 1992 S.B. 661 & 620 § 6 subsec. 2)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.105 - Franchisor to have registered agent on file in office of secretary of state.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
Effective - 28 Aug 1992
436.105. Franchisor to have registered agent on file in office of secretary of state. —
Any franchisor which grants a franchise to any person in this state shall have a registered agent in this state. The name and address of such registered agent shall be on file with the secretary of state's office.
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(L. 1992 S.B. 661 & 620 § 6 subsec. 3)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.150 - Definitions.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 1995
436.150. Definitions. —
As used in sections 436.150 to 436.163, the following terms mean:
(1)
"Copyright owner"
, the owner of a copyright of a nondramatic musical work other than a motion picture or other audiovisual works recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code;
(2)
"Performing rights society"
, an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc.;
(3)
"Proprietor"
, the owner of a retail establishment, restaurant, inn, bar, tavern, sports or entertainment facility, not-for-profit organization, or any other similar place of business or professional office located in this state in which the public may assemble and in which nondramatic musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled;
(4)
"Royalty"
or
"royalties"
, the fees payable by a proprietor to a performing rights society for the public performance of nondramatic musical.
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(L. 1995 S.B. 355 § 1 subsec. 1)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.153 - Proprietor entering into contract to be furnished certain information in writing — time limitation.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 1995
436.153. Proprietor entering into contract to be furnished certain information in writing — time limitation. —
No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than seventy-two hours prior to the execution of that contract, it provides to the proprietor, in writing, the following:
(1) A schedule of the rates and terms of royalties under the contract, including any sliding scale, discounts, or reductions in fees on any basis for which the proprietor may be eligible, and any scheduled increases or decreases in fees during the term of the contract;
(2) Upon request of the proprietor, the opportunity to review the most currently available list of the copyright owners' licenses by the performing rights society at the premises of the proprietor;
(3) Notification of the method that must be used by the proprietor to obtain a listing of the copyrighted works licensed by the performing rights society contract, including the location of such listing of works licensed by the performing arts society and the toll-free number required by sections 436.150 to 436.163.
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(L. 1995 S.B. 355 § 1 subsec. 2)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.155 - Performing rights society duties — list of music to be on file with attorney general.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 1995
436.155. Performing rights society duties — list of music to be on file with attorney general. —
The performing rights society shall establish and maintain a toll-free telephone number which the proprietor may use to inquire regarding specific musical works and copyright owners represented by that performing rights society. The performing rights society shall file a printed listing of works licensed by the society with the attorney general, and provide or make available, upon request, a listing on suitable electronic media to bona fide trade associations representing groups of proprietors. A list shall be provided the proprietor by electronic or other means, solely at the proprietor's expense.
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(L. 1995 S.B. 355 § 1 subsec. 3)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.157 - Contract for payment of royalties must be in writing, content.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 1995
436.157. Contract for payment of royalties must be in writing, content. —
Every contract for the payment of royalties executed in this state shall:
(1) Be in writing;
(2) Be signed by the parties;
(3) Not require a term exceeding one year unless agreed by the proprietor or if the contract is under the terms of a national agreement;
(4) Include at least the following information:
(a) The proprietor's name and business address and the name and location of each place of business to which the contract applies;
(b) The name and address of the performing rights society authorized to act on behalf of copyright owners being paid royalties under the contract;
(c) The duration of the contract; and
(d) The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of that contract.
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(L. 1995 S.B. 355 § 1 subsec. 4)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.159 - Prohibited acts by performing rights society, exception — violations — penalties.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 1995
436.159. Prohibited acts by performing rights society, exception — violations — penalties. —
1. No performing rights society, or any agent or employee thereof shall:
(1) Enter onto the premises of a proprietor's business for the purpose of discussing a contract for payment of royalties for the use of copyrighted works by that proprietor without first identifying himself to the proprietor or his employees and disclose that the agent is acting on behalf of the performing rights society and disclosing the purpose of the discussion;
(2) Collect or attempt to collect a royalty payment or any other fee except as provided in a contract executed pursuant to the provisions of sections 436.150 to 436.163;
(3) Use or attempt to use any act or practice in negotiating with a proprietor, or in retaliation for a proprietor's failure or refusal to negotiate, with respect to a contract for the payment of royalties, including, but not limited to:
(a) Engaging in any coercive conduct, act or practice that is disruptive of a proprietor's business or threatening to commence legal proceedings in connection with an alleged copyright violation with the intent of coercing the proprietor to negotiate or enter into a contract for the payment of royalties;
(b) However, nothing in sections 436.150 to 436.163 shall be construed to prevent the performing rights society from informing the proprietor of the proprietor's obligations under the federal copyright law, Title 17 of the United States Code;
(c) Charging or collecting a royalty which is unreasonable in comparison to the royalties for similar licenses;
(4) Levy and collect any license fee, royalty, or other charge from any person or entity which conducts a nonprofit musical festival or performance, unless prior to the festival or performance such performing rights society, upon the request of the person or entity conducting such festival or performance, submits to the person or entity conducting such festival or performance a list of copyrighted vocal and instrumental musical compositions which may not be performed or otherwise copied unless the license fee, royalty, or charge is paid. The person or entity conducting the festival or performance shall submit such a request to any local agency or representative of the performing rights society.
2. A person who violates any of the provisions of sections 436.150 to 436.163 shall be guilty of a class C misdemeanor.
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(L. 1995 S.B. 355 § 1 subsecs. 5, 6)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.161 - Proprietor may bring action for violations to recover damages — recovery to include costs.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 1995
436.161. Proprietor may bring action for violations to recover damages — recovery to include costs. —
1. A proprietor may bring an action or assert a counterclaim in a court of competent jurisdiction, against a performing rights society, or both, to enjoin any violation of sections 436.150 to 436.163 and to recover any damages sustained by the proprietor as a result of a violation of sections 436.150 to 436.163. The proprietor may seek an injunction or any other relief available at law or in equity. If successful, the proprietor shall be entitled to recover actual damages sustained by him, together with reasonable attorney's fees, filing fees and reasonable costs of suit, in addition to any other legal or equitable relief.
2. The rights, remedies and prohibitions accorded by the provisions of sections 436.150 to 436.163 shall be in addition to and cumulative of any other right, remedy or prohibition accorded by common law, federal law or the statutes of this state, and nothing contained in sections 436.150 to 436.163 shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition.
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(L. 1995 S.B. 355 § 1 subsecs. 7, 8)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.163 - Laws applicable only to performing rights societies.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 1995
436.163. Laws applicable only to performing rights societies. —
Sections 436.150 to 436.163 shall only apply to performing rights societies. Sections 436.150 to 436.163 shall not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission, or contracts with cable operators, programmers or other transmission services.
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(L. 1995 S.B. 355 § 1 subsec. 9)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.215 - Citation of law.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2004
436.215. Citation of law. —
Sections 436.215 to 436.272 may be cited as the "Uniform Athlete Agents Act".
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(L. 2004 S.B. 1122)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.221 - Director's authority.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2004
436.221. Director's authority. —
1. The director shall administer the provisions of sections 436.215 to 436.272.
2. By engaging in the business of an athlete agent in this state, a nonresident individual appoints the director as the individual's agent to accept service of process in any civil action related to the individual's business as an athlete agent in this state.
3. The director may subpoena witnesses, issue subpoenas duces tecum and require production of documents and records. Subpoenas including subpoenas duces tecum shall be served by a person authorized to serve subpoenas of courts of record. In lieu of requiring attendance of a person to produce original documents in response to a subpoena duces tecum, the board may require sworn copies of such documents to be filed with it or delivered to its designated representative.
4. The director may enforce its subpoenas including subpoenas duces tecum by applying to a circuit court of Cole County, the county of the investigation, hearing or proceeding, or any county where the person resides or may be found for an order upon any person who shall fail to obey a subpoena to show cause why such subpoena should not be enforced, which such order and a copy of the application therefor shall be served upon the person in the same manner as a summons in a civil action and if the circuit court shall after a hearing determine that the subpoena should be sustained and enforced such court shall proceed to enforce the subpoena in the same manner as though the subpoena had been issued in a civil case in the circuit court.
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(L. 2004 S.B. 1122)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.224 - Certificate of registration required — act as athlete agent without certificate, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2021, 2 histories
436.224. Certificate of registration required — act as athlete agent without certificate, when. —
1. Except as otherwise provided in subsection 2 of this section, an individual may not act as an athlete agent in this state without being issued a certificate of registration under section 436.230 or 436.236.
2. Before being issued a certificate of registration under section 436.236, an individual may act as an athlete agent for all purposes except signing an agency contract if:
(1) A student athlete or another acting on behalf of the student athlete initiates communication with the individual; and
(2) Within seven days after an initial act that requires the individual to register as an athlete agent, the individual submits an application to register as an athlete agent in this state.
3. An agency contract resulting from conduct in violation of this section is void. The athlete agent shall return any consideration received under the contract.
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(L. 2004 S.B. 1122, A.L. 2021 H.B. 273)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.236 - Temporary certificate of registration permitted, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2021, 2 histories
436.236. Temporary certificate of registration permitted, when. —
The director may issue a temporary certificate of registration while an application for registration or renewal is pending.
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(L. 2004 S.B. 1122, A.L. 2021 H.B. 273)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.239 - Application fee — athlete agent fund created — rulemaking authority.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2004
436.239. Application fee — athlete agent fund created — rulemaking authority. —
1. An application for registration or renewal of registration shall be accompanied by a fee which shall be determined by the director and established by rule. All fees payable under the provisions of this section shall be collected by the division of professional registration and transmitted to the department of revenue for deposit in the state treasury to the credit of the fund to be known as the "Athlete Agent Fund" which is hereby established. The provisions of section 33.080 to the contrary notwithstanding, money in the athlete agent fund shall not be transferred and placed to the credit of general revenue until the amount in the athlete agent fund at the end of the biennium exceeds two times the amount of the appropriations from such fund for the preceding fiscal year or, if the director allows renewal of registration less frequently than yearly, then three times the appropriations from such fund for the preceding fiscal year; provided that no amount from such fund may be transferred to the credit of general revenue earlier than August 28, 2006. The amount if any which may be transferred to the credit of general revenue after August 28, 2006, is that amount in the athlete agent fund which exceeds the appropriate multiple of the appropriations from such fund for the preceding fiscal year.
2. The director may promulgate rules to authorize and file athlete agent documents as that term is defined in section 536.010. Any rule promulgated under the authority in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2003, shall be invalid and void.
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(L. 2004 S.B. 1122)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.248 - Cancellation of contract, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2021, 2 histories
436.248. Cancellation of contract, when. —
1. A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may cancel an agency contract by giving notice in writing to the athlete agent of the cancellation within fourteen days after the contract is signed.
2. A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may not waive the right to cancel an agency contract.
3. If a student athlete, parent, or guardian cancels an agency contract within fourteen days of signing the contract, the student athlete, parent, or guardian is not required to pay any consideration under the contract or to return any consideration received from the agent to induce the student athlete to enter into the contract.
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(L. 2004 S.B. 1122, A.L. 2021 H.B. 273)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.251 - Records to be retained.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2004
436.251. Records to be retained. —
1. An athlete agent shall retain the following records for a period of five years:
(1) The name and address of each individual represented by the athlete agent;
(2) Any agency contract entered into by the athlete agent; and
(3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete.
2. Records required by subsection 1 of this section to be retained are open to inspection by the director during normal business hours.
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(L. 2004 S.B. 1122)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.254 - Prohibited acts.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2021, 2 histories
436.254. Prohibited acts. —
An athlete agent shall not intentionally:
(1) Give a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the student athlete, parent, or guardian to enter into an agency contract;
(2) Furnish anything of value to a student athlete or another individual, if to do so may result in loss of the student athlete's eligibility to participate in the student athlete's sport, unless:
(a) The athlete agent notifies the athletic director of the educational institution at which the student athlete is enrolled or at which the athlete agent has reasonable grounds to believe the student athlete intends to enroll, no later than seventy-two hours after giving the thing of value; and
(b) The student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete acknowledges to the athlete agent in a record that receipt of the thing of value may result in loss of the student athlete's eligibility to participate in the student athlete's sport;
(3) Initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete to recruit or solicit the student athlete, parent, or guardian to enter into an agency contract unless registered under sections 436.215 to 436.272;
(4) Fail to create, retain, or permit inspection of the records required by section 436.251;
(5) Fail to register if required under section 436.224;
(6) Provide materially false or misleading information in an application for registration or renewal of registration;
(7) Predate or postdate an agency contract;
(8) Fail to notify a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete before the student athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in loss of the student athlete's eligibility to participate in the student athlete's sport;
(9) Encourage another individual to do any of the acts described in subdivisions (1) to (8) of this section on behalf of the athlete agent; or
(10) Encourage another individual to assist any other individual in doing any of the acts described in subdivisions (1) to (8) of this section on behalf of the athlete agent.
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(L. 2004 S.B. 1122, A.L. 2021 H.B. 273)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.260 - Educational institution or student athlete cause of action, when, damages — violation an unfair trade practice.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2021, 2 histories
436.260. Educational institution or student athlete cause of action, when, damages — violation an unfair trade practice. —
1. An educational institution or a student athlete may bring an action for damages against an athlete agent if the institution or student athlete is adversely affected by an act or omission of the athlete agent in violation of sections 436.215 to 436.272.
(1) In order for a student athlete to qualify as adversely affected by an act or omission of the athlete agent under this section, the student athlete shall demonstrate that he or she was a student athlete and enrolled at the institution at the time the act or omission of the athlete agent occurred and that he or she:
(a) Was suspended or disqualified from participation in an interscholastic or intercollegiate sports event by a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
(b) Suffered financial damage.
(2) In order for an educational institution to qualify as adversely affected by an act or omission of the athlete agent under this section, the institution shall demonstrate that the institution:
(a) Was disqualified from participation in an interscholastic or intercollegiate sports event by a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
(b) Suffered financial damage.
2. A plaintiff who prevails in an action under this section may recover actual damages, costs, and reasonable attorney's fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the athlete agent by or on behalf of the student athlete.
3. A violation of any provision of sections 436.215 to 436.272 is an unfair trade practice for purposes of sections 375.930 to 375.948.
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(L. 2004 S.B. 1122, A.L. 2021 H.B. 273)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.263 - Violations, penalties.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2021, 2 histories
436.263. Violations, penalties. —
1. Any individual who violates any provision of sections 436.215 to 436.272 is guilty of a class A misdemeanor and liable for a civil penalty not to exceed one hundred thousand dollars.
2. Any individual who knowingly violates any provision of sections 436.215 to 436.272 is guilty of a class E felony and liable for a civil penalty not to exceed one hundred thousand dollars.
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(L. 2004 S.B. 1122, A.L. 2021 H.B. 273)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.266 - Uniformity considered in applying law.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2021, 2 histories
436.266. Uniformity considered in applying law. —
In applying and construing sections 436.215 to 436.272, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of sections 436.215 to 436.272 among states that enact it.
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(L. 2004 S.B. 1122, A.L. 2021 H.B. 273)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.272 - Moneys collected for certain violations to be transferred to general revenue.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2004
436.272. Moneys collected for certain violations to be transferred to general revenue. —
Any moneys collected by the director under section 436.263 shall immediately be transferred to the department of revenue for deposit in the state treasury to the credit of general revenue.
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(L. 2004 S.B. 1122)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.300 - Private construction work contract payment requirements.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2002
436.300. Private construction work contract payment requirements. —
Notwithstanding any other law to the contrary, all parties to any contract or agreement for private construction work that is between any owner and any contractor, or between any contractor and any subcontractor, or between any subcontractor and any sub-subcontractor, or any supplier at whatever tier for construction, reconstruction, maintenance, alteration, or repair for a private owner of any building, improvement, structure, private road, appurtenance, or appliance, including moving, demolition, or any excavating connected therewith, shall make payment in accordance with the terms of such contract or agreement, provided such terms are not inconsistent with the provisions of sections 436.300 to 436.336.
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(L. 2002 H.B. 1403)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.303 - Contract provisions — retainage.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2002
436.303. Contract provisions — retainage. —
A contract or agreement may include a provision for the retainage of a portion of any payment due from the owner to the contractor, not to exceed ten percent of the amount of such payment due pursuant to the contract or agreement, to ensure the proper performance of the contract or agreement, provided that the contract may provide that if the contractor's performance is not in accordance with the terms of the contract or agreement, the owner may retain additional sums to protect the owner's interest in satisfactory performance of the contract or agreement. The amount or amounts so retained by the owner shall be referred to in sections 436.300 to 436.336 as "retainage", and shall be held by the owner in trust for the benefit of the contractor and contractor's subcontractors, sub-subcontractors, and suppliers at whatever tier who are not in default, in proportion to their respective interests. Such retainage shall be subject to the conditions and limitations listed in sections 436.300 to 436.336.
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(L. 2002 H.B. 1403)
2023 Missouri Revised Statutes › Title XXVIII - Contracts and Contractual Relations › Chapter 436 - Special Purpose Contracts › Section 436.306 - Security tendered, when.

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS
Chapter 436
• Effective - 28 Aug 2002
436.306. Security tendered, when. —
1. The contractor may tender to the owner acceptable substitute security as set forth in section 436.312 with a written request for release of retainage in the amount of the substitute security. The contractor shall thereupon either:
(1) Be entitled to receive cash payment of retainage pursuant to this section; or
(2) Not be subject to the withholding of retainage, in either case, to the extent of the security tendered, provided that the contractor is not in default of its agreement with the owner.
2. If the tender described in subsection 1 of this section is made after retainage has been withheld, the owner shall, within five working days after receipt of the tender, pay to the contractor the withheld retainage to the extent of the substitute security. If the tender described in subsection 1 of this section is made before retainage has been withheld, the owner shall, to the extent of the substitute security, refrain from withholding any retainage from the future payments.
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(L. 2002 H.B. 1403)