October 17, 2003
State of Nevada Athlete Agent Law
[Below is a summary of this state's athlete agent law (as of spring 1999). The summary is intended only to provide an overview of the state law. For further information, readers should consult the applicable state code section.]
Code Section
Nev. Rev. Stat. Ann. ??
398.065-398.095 - Intercollegiate Athletics
597.920 - Miscellaneous Trade Regulations and Prohibited Acts
Enactment Date -1989
Nev. Rev. Stat. Ann ?? 398.065-398.095
Definitions
Student-athlete - A student who is eligible and competes individually or as a member of a team in intercollegiate athletic events subject to the rules of the national collegiate athletic association (NCAA) to which the institution the student-athlete is attending is a member.
Sports Agent - A person who solicits, personally or through an agent or employee, a student-athlete to enter into a contractual relationship. [This does not include an attorney acting as legal counsel for the student athlete.]
Contracts
A contractual relationship between a student athlete and a sports agent must be in writing, signed by the student-athlete and the athlete agent, notarized by a notary public, and contain a warning regarding the possible loss of eligibility.
The student-athlete may rescind the contract by providing the sports agent with written notice within 20 days of signing the contract or within 20 days after notice of the contractual relationship is received by the president, athletic director, and head coach of the institution the student-athlete is attending. This right is not waivable.
The sports agent must provide the student-athlete with one copy of the contract at the time the student-athlete signs it.
Notice of Contractual Relationship
A sports agent who enters into a contractual relationship with a student-athlete must give notice of such contract within three days to the representatives of the school the student-athlete is attending.
Liability to Institution for Damages
A person who causes a student-athlete or an institution to violate a rule of the national collegiate athletic association (NCAA) to which the institution is a member, or aids in any such violation, is liable to the institution for damages as provided below if:
The person knew or reasonably should have known that a rule was violated or would be violated, or
The violation of the rule is a contributing cause of disciplinary action, including loss of eligibility:
Taken by the institution against a student-athlete, or
Taken by the NCAA against the institution or the student-athlete.
Damages that may be awarded include lost revenues to the institution from:
lost contracts for televising athletic events
a decline in ticket sales
being prohibited from participating in post-season athletic events and tournaments, and,
other discernible opportunities through which the institution would have realized revenue if the rule had not been violated.
It is a defense to a cause of action under this provision that, at the time the rule of the NCAA was violated, the defendant was either an employee of the NCAA whose rule was violated or an employee of the institution maintaining the action, and was acting within the scope of his employment.
An institution that prevails in this type of action is entitled to an award of reasonable attorney's fees and costs.
Nev. Rev. Stat. Ann. ? 597.920
Definitions
Sports Agent - A person who solicits, personally or through an agent or employee, a student-athlete to enter into a contractual relationship.
Contractual Relationship - An agreement between a sports agent and a student-athlete under which the sports agent agrees to:
Obtain or attempt to obtain employment for the student-athlete with a professional sports team or as a professional athlete.
Provide loans, advances of money, services or other material goods to further the student-athlete's pursuit of a career in professional sports, or
Represent the student-athlete in any matter related to the student-athlete's pursuit of a career in professional sports.
Prohibited Acts - A sports agent shall not:
Publish any false, fraudulent, or misleading advertisement, representation, notice or other information.
Give to any person any false information or make any false promises or representations concerning employment.
Offer anything of value, including free or discounted legal services, to an employee of an educational institution in return for the referral of clients by the employee.
Offer anything of value to any person in exchange for the person entering into a contractual relationship with him or to induce the person to enter into a contractual relationship with him.
Have any financial interest in any entity which is directly involved in the same sport as a person with whom he has entered into a contractual relationship with him.
Offer advice to any person concerning the investment of money without first disclosing to that person any financial interest he has in any entity involved in the advice he is offering.
Knowingly secure employment for any person with an employer experiencing a strike, lockout or other problems with his employees, without first notifying the person of those conditions.
Penalties: A sports agent who is in violation of any of the prohibited acts above is guilty of a misdemeanor.
State Contact Person:
Gordon Fink or Joe Rolston IV
Office of the Attorney General
555 East Washington
Suite 3900
Las Vegas, NV 89101
