SECTIONS 18897.8-18897.97 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 18897.8-18897.97

18897.8. (a) Any professional athlete, or any student athlete, or
any elementary or secondary school, college, university, or other
educational institution, or any league, conference, association, or
federation of the preceding educational institutions, or any other
person may bring a civil action for recovery of damages from an
athlete agent, if that professional athlete, that student athlete,
that institution, any member of that league, conference, association,
or federation, or that other person is adversely affected by the
acts of the athlete agent or of the athlete agent's representative or
employee in violation of this chapter. A student athlete is presumed
to be adversely affected by the acts of an athlete agent,
representative or employee in violation of this chapter if, because
of those acts, the student athlete is suspended or disqualified from
participation in one or more interscholastic or intercollegiate
sports events by or pursuant to the rules of a state or national
federation or association for the promotion and regulation of
interscholastic or intercollegiate sports, or suffers financial
damage, or suffers both suspension or disqualification and financial
damage. An educational institution is presumed to be adversely
affected by the acts of an athlete agent or of an athlete agent's
representative or employee in violation of this chapter if, because
of those acts, the educational institution, or one or more student
athletes admitted to or enrolled in the educational institution, is
suspended or disqualified from participation in one or more
interscholastic or intercollegiate athletic events by or pursuant to
the rules of a state or national federation or association for the
promotion and regulation of interscholastic or intercollegiate sports
events by or pursuant to the rules of a state or national federation
or association for the promotion and regulation of interscholastic
or intercollegiate sports, or suffers financial damage, or suffers
both suspension or disqualification and financial damage.
(b) A plaintiff that prevails in a civil action brought under this
section may recover actual damages, or fifty thousand dollars
($50,000), whichever is higher; punitive damages; court costs; and
reasonable attorney's fees. An athlete agent found liable under this
section is also subject to forfeiture of any right of repayment for
anything of benefit or value provided to a student athlete, and shall
refund any consideration paid to that athlete agent by or on behalf
of the student athlete.
(c) It is the intent of the Legislature in enacting this section
to encourage enforcement of this chapter through private civil
actions.

18897.8. (a) Any professional athlete, or any student athlete, or
any elementary or secondary school, college, university, or other
educational institution, or any league, conference, association, or
federation of the preceding educational institutions, or any other
person may bring a civil action for recovery of damages from an
athlete agent, if that professional athlete, that student athlete,
that institution, any member of that league, conference, association,
or federation, or that other person is adversely affected by the
acts of the athlete agent or of the athlete agent's representative or
employee in violation of this chapter. A student athlete is presumed
to be adversely affected by the acts of an athlete agent,
representative or employee in violation of this chapter if, because
of those acts, the student athlete is suspended or disqualified from
participation in one or more interscholastic or intercollegiate
sports events by or pursuant to the rules of a state or national
federation or association for the promotion and regulation of
interscholastic or intercollegiate sports, or suffers financial
damage, or suffers both suspension or disqualification and financial
damage. An educational institution is presumed to be adversely
affected by the acts of an athlete agent or of an athlete agent's
representative or employee in violation of this chapter if, because
of those acts, the educational institution, or one or more student
athletes admitted to or enrolled in the educational institution, is
suspended or disqualified from participation in one or more
interscholastic or intercollegiate athletic events by or pursuant to
the rules of a state or national federation or association for the
promotion and regulation of interscholastic or intercollegiate
sports, or suffers financial damage, or suffers both suspension or
disqualification and financial damage.
(b) A plaintiff that prevails in a civil action brought under this
section may recover actual damages, or fifty thousand dollars
($50,000), whichever is higher; punitive damages; court costs; and
reasonable attorney's fees. An athlete agent found liable under this
section also shall forfeit any right of repayment for anything of
benefit or value provided to a student athlete, and shall refund any
consideration paid to that athlete agent by or on behalf of the
student athlete.
(c) It is the intent of the Legislature in enacting this section
to encourage enforcement of this chapter through private civil
actions.

18897.83. Every athlete agent shall maintain an agent for service
of process in California.

18897.87. Every athlete agent shall provide security for claims
against the athlete agent or the athlete agent's representatives or
employees based upon acts, errors, or omissions arising out of the
business of the athlete agent through either one or an aggregate of
both of the following:
(a) A policy or policies of insurance against liability imposed on
or against the agent by law for damages arising out of claims in an
amount for each claim of at least one hundred thousand dollars
($100,000).
(b) In trust or bank escrow, cash, bank certificates of deposit,
United States Treasury obligations, bank letters of credit, or bonds
of insurance companies as security for payment of liabilities imposed
by law for damages arising out of all claims in an amount of at
least one hundred thousand dollars ($100,000).

18897.9. Any agent contract that is negotiated by an athlete agent
who fails to comply with this chapter, or, prior to July 1, 1997,
Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of
the Labor Code, as amended and repealed by the bill that enacted this
section at the 1995-96 Regular Session of the Legislature, is void
and unenforceable.

18897.9. (a) Any agent contract that is negotiated by an athlete
agent who fails to comply with this chapter, or has failed to comply
with Chapter 1 (commencing with Section 1500) of Part 6 of Division 2
of the Labor Code, as repealed by Assembly Bill 1987 of the 1995-96
Regular Session, is void and unenforceable.
(b) No person shall owe an athlete agent any money or other
consideration pursuant to an endorsement contract, financial services
contract, or professional sports services contract negotiated by the
athlete agent if the athlete agent fails to comply with this
chapter, or has failed to comply with Chapter 1 (commencing with
Section 1500) of Part 6 of Division 2 of the Labor Code, as repealed
by Assembly Bill 1987 of the 1995-96 Regular Session. The athlete
agent shall refund any money or other consideration paid pursuant to
that contract.

18897.93. An athlete agent or athlete agent's representative or
employee who violates any provision of this chapter is guilty of a
misdemeanor, and shall be punished by a fine of not more than fifty
thousand dollars ($50,000), or imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment. The court
may suspend or revoke the privilege of any person convicted of a
violation of this chapter to conduct the business of athlete agent.

18897.97. The Secretary of State may, in accordance with Chapter
3.5 (commencing with Section 11430) of Part 1 of Division 3 of Title
2 of the Government Code, adopt, amend, and repeal rules and
regulations reasonably necessary for the purpose of administering
this chapter and consistent with this chapter.