Chapter 702 — Student Athletes

702.001 Revised Uniform Athlete Agents Act

ORS 702.005 to 702.065, 702.991 and 702.994 shall be known and may be cited as the Revised Uniform Athlete Agents Act.

702.005 Definitions

As used in ORS 702.005 to 702.065, 702.200, 702.205, 702.991 and 702.994: “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. “Athlete agent” means an individual who: Directly or indirectly recruits o…

702.010 [1971 c.771 §1; 1973 c.832 §§61,61a; 1979 c.352 §4; 1983 c.411 §1; 1987 c.414 §91a; 1987 c.456 §7; repealed by 1995 c.386 §1]

702.012 Registration requirement; exceptions; issuance; expiration; renewal; suspension; revocation

Except as otherwise provided in subsection (2) of this section, an individual may not act as an athlete agent in Oregon without holding a certificate of registration issued under this section or ORS 702.019. Before being issued a certificate of registration, an individual may act as an athlete agent in Oregon for all purposes except entering into an agency …

702.017 Application form; contents; issuance of certificate of registration

An applicant for registration as an athlete agent shall submit an application for registration to the Department of Education in a form prescribed by the department and, if requested by the department, shall allow the department to take fingerprints for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195. The applicatio…

702.019 Temporary certificate of registration

The Department of Education may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.

702.020 [1971 c.771 §21; 1973 c.576 §1; 1983 c.411 §2; 1987 c.447 §138; repealed by 1995 c.386 §1]

702.022 [1999 c.1079 §4; repealed by 2005 c.730 §77]

702.023 Fees

An application for registration or renewal of registration must be accompanied by a fee in the following amount: $250 for an initial application for registration; $150 for an application for registration based upon a certificate of registration or licensure issued by another state; $150 for an application for renewal of registration; or $150 for an appli…

702.027 Restrictions on athlete agents

An athlete agent may not intentionally: Initiate contact with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete unless registered under ORS 702.005 to 702.065, 702.991 and 702.994; Refuse or fail to retain or permit inspection of the records required to be retained by ORS 702.059; Fail to register when required by ORS 70…

702.029 Notice to athletic director regarding contact with student athlete

As used in this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record or any other method that conveys or attempts to convey a message. Before communicating or attempting to communicate with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, an ath…

702.030 Restrictions on inducement of student athletes; exceptions

Except as otherwise provided in subsection (2) of this section, an athlete agent, with the intent to induce a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of t…

702.032 [1999 c.1079 §5; 2005 c.525 §9; repealed by 2017 c.113 §11]

702.037 [1999 c.1079 §7; 2005 c.525 §10; repealed by 2017 c.113 §11]

702.042 [1999 c.1079 §8; repealed by 2005 c.525 §23]

702.047 Contract requirements

A written agency contract must be in a record, signed or otherwise authenticated by the parties. A written agency contract must state or contain: 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 recei…

702.050 [1971 c.771 §2; 1979 c.352 §5; 1983 c.411 §3; repealed by 1995 c.386 §1]

702.052 Right to cancel contract

A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after entering into the agency contract. The right of a student athlete or, if the athlete is a minor, the parent or guardian of the athlete to cancel an age…

702.054 Notice of contract

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 athlet…

702.057 Civil remedies available for educational institutions and student athletes

An educational institution or student athlete shall have a cause of action against an athlete agent for damages caused by a violation of ORS 702.005 to 702.065, 702.991 and 702.994. In an action under this section, the court may award to the prevailing party costs and reasonable attorney fees. For the purposes of this section, damages of an educational inst…

702.059 Retention of records; inspection

An athlete agent shall retain the following records for a period of five years: The name and address of each individual represented by the athlete agent; Any agency contract entered into by the athlete agent; and Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract. Record…

702.060 [1971 c.771 §12; 1973 c.832 §62; 1979 c.352 §6; 1983 c.411 §4; repealed by 1995 c.386 §1]

702.062 Appointment of Department of Education as agent for service of process; subpoenas

By acting as an athlete agent in Oregon, a nonresident individual appoints the Department of Education as the individual’s agent for service of process in any civil action in Oregon related to the individual’s acting as an athlete agent in Oregon. The department may issue subpoenas for any material that is relevant to the administration of ORS 702.005 to 70…

702.063 Rules

The State Board of Education may adopt any rules necessary to carry out the provisions of ORS 702.005 to 702.065, 702.991 and 702.994.

702.065 Uniformity of law

In applying and construing ORS 702.005 to 702.065, 702.991 and 702.994, the courts, a prosecuting attorney as defined in ORS 646.605 and the Department of Education shall give consideration to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniform Athlete Agents Act.

702.070 [1971 c.771 §3; 1973 c.576 §2; 1983 c.411 §5; repealed by 1995 c.386 §1]

702.080 [1971 c.771 §13; 1983 c.411 §6; repealed by 1995 c.386 §1]

702.083 [1979 c.352 §2; 1983 c.411 §7; repealed by 1995 c.386 §1]

702.087 [1979 c.352 §16; repealed by 1995 c.386 §1]

702.090 [1971 c.771 §§6,10; 1973 c.832 §63; 1977 c.873 §24; 1977 c.874 §6a; 1979 c.352 §7; 1983 c.411 §9; 1985 c.269 §1; repealed by 1995 c.386 §1]

702.100 [1971 c.771 §§5,9; 1973 c.832 §§64,64a; 1977 c.873 §25; 1977 c.874 §7a; 1979 c.352 §8; 1983 c.411 §10; 1987 c.456 §1; repealed by 1995 c.386 §1]

702.105 [1973 c.799 §6; 1979 c.352 §9; 1983 c.411 §11; repealed by 1995 c.386 §1]

702.110 [1971 c.771 §7; 1973 c.799 §3; 1973 c.832 §65; 1974 s.s. c.69 §1; 1975 c.787 §1; 1979 c.352 §10; repealed by 1983 c.411 §21]

702.120 [1971 c.771 §4; 1973 c.832 §66; 1979 c.352 §11; 1983 c.411 §12; 1987 c.414 §92; 1987 c.456 §2; repealed by 1995 c.386 §1]

702.130 [1971 c.771 §7a; 1973 c.799 §4; 1979 c.352 §12; 1983 c.411 §13; repealed by 1995 c.386 §1]

702.135 [1979 c.352 §3; 1983 c.411 §14; repealed by 1995 c.386 §1]

702.140 [1971 c.771 §8; 1979 c.352 §13; 1983 c.411 §15; 1987 c.456 §3; repealed by 1995 c.386 §1]

702.150 [1979 c.352 §14; 1983 c.411 §16; 1989 c.266 §1; repealed by 1995 c.386 §1]

702.160 [1971 c.771 §§11,18; 1983 c.411 §17; 1987 c.456 §8; repealed by 1995 c.386 §1]

702.165 [1987 c.456 §5; repealed by 1995 c.386 §1]

702.170 [1971 c.771 §14; repealed by 1979 c.31 §1]

702.175 [1987 c.456 §10; repealed by 1995 c.386 §1]

STUDENT ATHLETES

702.200 Student athlete economic rights; name, image, likeness or athletic reputation

As used in this section: “Athletic association, conference or organization with authority over intercollegiate sports” includes the National Collegiate Athletic Association. “Economic rights” means the rights of a student athlete enrolled in a post-secondary institution of education to earn compensation for use of the student athlete’s name, image, likenes…

702.205 Royalty payments for use of student athlete’s name, image, likeness or athletic reputation

A person that produces an intercollegiate sports team jersey, video game or trading card for the purpose of making a profit shall make a royalty payment to each student athlete for use of the student athlete’s name, image, likeness or athletic reputation if the person uses the student athlete’s name, image, likeness or athletic reputation in or on the interc…

702.210 [1971 c.771 §15; 1983 c.411 §18; 1985 c.269 §2; repealed by 1987 c.414 §93a and 1987 c.456 §13]

702.220 [1971 c.771 §16; 1979 c.352 §15; 1983 c.411 §20; repealed by 1987 c.456 §13]

702.230 [1971 c.771 §17; 1973 c.832 §67; repealed by 1987 c.456 §13]

702.990 [1971 c.771 §22; repealed by 1995 c.386 §1]

PENALTIES

702.991 Criminal penalties

Violation of ORS 702.027 is a Class A misdemeanor. An athlete agent who violates ORS 702.030 (1)(b) is guilty of a Class C felony. Violation of the athlete agent’s 72-hour notice requirement provided under ORS 702.054 (1) is a Class C felony. It is a Class A misdemeanor for any person to conduct business as an athlete agent in the State of Oregon unless t…

702.994 Civil penalties

The Department of Education may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this section and ORS 702.005 to 702.065. Civil penalties under subsection (1) of this section shall be imposed in the manner provided in ORS 183.745. All civil penalties recovered under this section shall be paid into the State Treasury …

702.995 [1987 c.456 §12; 1991 c.734 §91; repealed by 1995 c.386 §1]

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