Reference no: EM133761061
Donna
Is the UAAA a state or federal law? Explain.
The Uniform Athlete Agents Act (UAAA) is a state law. It was developed by NCCUSL to ensure uniformity among states concerning agents of student-athletes. The states have the option to accede to the UAAA and when that is done it is law within that state. Texas has accepted the provisions of the UAAA which means that the regulations apply to all agents within that state.
To whom does the UAAA apply?
Athlete agents are individuals or organizations that engage in activities of persuading and recruiting student-athletes into entering professional sports in exchange for a monetary reward or seeking other forms of compensation.
Student-athletes refers to students who participate in sports under a university and have some eligibility.
Schools, since it is also aimed at protecting the universities by controlling the conduct of agents who act towards the student-athletes.
Must you register in Texas under the UAAA? Please explain.
Yes! As stated in UAAA, registration in Texas is a prerequisite. Although you have a registration with the NFLPA, the UAAA has very clear requirements, the athlete agents shall register with the state in which they intend to recruit student-athletes. Thus, to fulfill that requirement, while engaging in the recruitment of a student-athlete at the University of Texas, you will be required to register with the state of Texas UAAA.
Referring to the UAAA, who has the right to issue a certification?
The UAAA further specifies who issues certification to an athlete agent. The state body -the secretary of state- that constantly administers the jurisdiction typically has powers to give certification to the athlete agents.
In situations where the agent has not registered, how does the UAAA handle contracts that have been signed between the agent and the athlete?
If agents have not complied with the UAAA, all contracts, and agreements made between the agents and the student-athlete are within the rights of the student-athlete to be voidable. In addition, the agent may also face liability, for example, a fine may be imposed or the possibility of criminal liability at the state''s discretion.
Does a student-athlete have the right to cancel this contract? If so, how long does the right last?
Such changes of mind are permissible in UAAA mentioning a time frame of such changes as 14 days post the signing. The cancellation of the agency contract by the athlete does not require any explanations and the agent is compelled to accept the cancellation at no cost to the student-athlete.
Finally, there are several prohibited acts. Please name three of them.
Obtaining misleading or false information when recruiting
Influencing the student-athlete decision with the persuasion of gifts or money
Failure to inform the institution about the relationship of the agent with the student-athlete, which is mandated by the UAAA so that this kind of relationship is made known and is within NCAA regulations
Athlete agents. (n.d.).
Occupations code Chapter 2051. athlete agents. (n.d.).
Sean
The Uniform Athlete Agent Act (UAAA) is a state law created by the Uniform Law Commission. The UAAA lays out standardized laws across states adopting it for recruiting student-athletes with registered and certified sports agents. Each state has the choice to adopt a version of the act. The UAAA was first adopted in 2000 and has undergone several revisions (Uniform Law Commission, 2024). The act was developed by unethical agents who recruited student-athletes and violated NCAA regulations, causing student-athletes to lose eligibility.
The UAAA applies to athlete agents looking to represent student-athletes. According to the Uniform Law Commission, an athlete agent is defined as "an individual who, for compensation, serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions or manages the business affairs of the athlete by assisting with bills, payments, contracts, or taxes, and an individual who gives something of values to a student-athlete or another person in anticipation of representing the athlete for a purpose related to the athlete's participation in athletics" (Uniform Law Commission , 2024). The act also applies to student-athletes and universities who may approach student-athletes.
In Texas, an athlete agent must register with the Texas Secretary of State. Texas is an adopter of the UAAA, which requires athlete agents to register in any state the agent wishes to conduct business in. "Before an agent may recruit or solicit an athlete to enter into an agent contract, a financial services contract, or a professional sports services contract, an agent must obtain a certificate of registration from the secretary of state" (Texas Secretary of State, 2024). Although registered with the NFLPA, the agent wishing to contact student-athletes must follow this requirement. If an agent is registered in another state with the same or more restrictive requirements, states can recognize the agent (Uniform Law Commission , 2024).
Under the UAAA, if an athlete agent is not registered in the state where they wish to do business with student-athletes or a state that reciprocates, the agent can be subject to civil and criminal penalties. This would render the contract signed between the agent and student-athlete void.
According to Chapter 2051 of the Texas Occupations Code, a student-athlete may cancel a contract. The athlete may cancel the contract before the 16th day of signing the contract and must provide the cancellation in writing without giving a reason (Texas Occupations Code 2003). Some of the violations outlined in the UAAA include failing to fulfill the responsibilities of an athlete agent, initiating unauthorized contact with an athlete, and offering something of value in return for a contract (Texas Secretary of State, 2024).