BlackletterCalifornia law

CHAPTER 2.5. Athlete Agents [18895. - 18897.97.]

Chapter 2.5 added by Stats. 1996, Ch. 857, Sec. 2.

§§ 18895–18897.97 · 33 sections

  1. ARTICLE 1. General Provisions §§ 18895–18895.2 · 2 sections
    • § 18895 This chapter shall be known and may be cited as the Miller-Ayala Athlete Agents Act.
    • § 18895.2 The following definitions govern the construction of this chapter: (a) “Agent contract” means any contract or agreement pursuant to which a person authorizes…
  2. ARTICLE 1.5. Public Disclosure §§ 18896–18896.8 · 6 sections
    • § 18896 To assist enforcement of this chapter, each athlete agent, prior to engaging in or carrying on the business of athlete agent, shall file the following…
    • § 18896.2 (a) Within seven days of the time any information in the filing required by Section 18896 changes, the athlete agent shall file revised information in the form…
    • § 18896.3 The forms prescribed by the Secretary of State pursuant to Sections 18896 and 18896.2 shall include the following statement: “Filing of false, misleading, or…
    • § 18896.4 Sections 18896 and 18896.2 do not require the disclosure of information related solely and exclusively to other businesses of the athlete agent.
    • § 18896.6 Upon making first contact, direct or indirect, with a professional athlete, a student athlete, a student athlete’s spouse, parent, foster parent, guardian,…
    • § 18896.8 (a) An athlete agent shall pay filing fees in an amount established pursuant to subdivision (b) of Section 12195 of the Government Code upon making the filings…
  3. ARTICLE 2. Professional Athletes and Athlete Agents §§ 18897–18897.5 · 12 sections
    • § 18897 Every agent contract shall be in writing and shall include a description of the types of services to be performed and a schedule of the fees to be charged…
    • § 18897.1 The following shall be printed on the first page of every agent contract in boldface type at least two points larger than any other type on the page: “This…
    • § 18897.2 A trust fund shall be established when an athlete agent is the recipient of the athlete’s salary. An athlete agent who receives any payment on behalf of the…
    • § 18897.23 (a) Every athlete agent shall maintain records which include the following information: (1) The name and address of each person employing the athlete agent.…
    • § 18897.27 No athlete agent shall have an ownership or financial interest in any entity that directly employs athletes in the same sport as a person with whom the athlete…
    • § 18897.3 If an athlete agent or athlete agent’s representative or employee provides financial services to a professional athlete or student athlete or advises the…
    • § 18897.33 No athlete agent shall knowingly enter into a contract containing any term or condition that, if complied with, would be in violation of law, or attempt to…
    • § 18897.37 No athlete agent or athlete agent’s representative or employee shall publish or cause to be published any false, fraudulent, or misleading information,…
    • § 18897.4 All forms of advertising used by an athlete agent shall include the name and business address of the athlete agent.
    • § 18897.43 No athlete agent shall knowingly secure employment for persons in any place where a strike, lockout, or other labor trouble exists, without notifying the…
    • § 18897.47 No athlete agent shall divide fees with or receive compensation from a professional sports league, team, or other organization or its representatives or…
    • § 18897.5 No athlete agent shall negotiate or enter into any postdated agent contract, endorsement contract or professional sports services contract or any agent…
  4. ARTICLE 3. Student Athletes and Educational Institutions §§ 18897.6–18897.77 · 7 sections
    • § 18897.6 No athlete agent or athlete agent’s representative or employee shall, directly or indirectly, offer or provide money or any other thing of benefit or value to…
    • § 18897.63 (a) Except as otherwise provided in this section, no athlete agent or athlete agent’s representative or employee may make or continue any contact, whether in…
    • § 18897.67 No athlete agent or athlete agent’s representative or employee shall offer or provide money or anything of benefit or value, including, but not limited to,…
    • § 18897.7 An athlete agent and a student athlete who enter into an agent contract, endorsement contract or professional sports services contract shall provide written…
    • § 18897.73 (a) Every agent contract, endorsement contract, or professional sports services contract entered into by a student athlete shall contain, in close proximity to…
    • § 18897.74 (a) An athlete agent who provides money or any other thing of value to a student athlete as authorized by this article shall file an itemized report of those…
    • § 18897.77 Within 15 days after the date a student athlete enters into an agent contract, endorsement contract or professional sports services contract, the student…
  5. ARTICLE 4. Enforcement §§ 18897.8–18897.97 · 6 sections
    • § 18897.8 (a) Any professional athlete, or any student athlete, or any elementary or secondary school, college, university, or other educational institution, or any…
    • § 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…
    • § 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… see note
    • § 18897.93 (a) 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…
    • § 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,…