Section 61-14F-16 - Civil remedies. - New Mexico Statutes

61-14F-16. Civil remedies.

A.     An educational institution has a right of action against an athlete agent for damages caused by a violation of the provisions of the Uniform Athlete Agents Act.  In an action pursuant to this section, the court may award to the prevailing party costs and reasonable attorney fees.

B.     Damages of an educational institution pursuant to Subsection A of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent, the educational institution was injured by a violation of the Uniform Athlete Agents Act or was penalized, disqualified or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.

C.     A right of action pursuant to 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.

D.     The Uniform Athlete Agents Act does not restrict rights, remedies or defenses of any person under law or equity.