Missouri Revised Statutes
Chapter 436
Special Purpose Contracts
←436.215
Section 436.218.1
436.221→
August 28, 2015
Definitions.
436.218. As used in sections 436.215 to 436.272, the following terms mean:
(1) "Agency contract", 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;
(2) "Athlete agent", an individual who enters into an agency contract
with a student athlete or directly or indirectly recruits or solicits a
student athlete to enter into an agency contract. The term does not include
a spouse, parent, sibling, grandparent, or guardian of the student athlete or
an individual acting solely on behalf of a professional sports team or
professional sports organization. The term includes an individual who
represents to the public that the individual is an athlete agent;
(3) "Athletic director", an individual responsible for administering the
overall athletic program of an educational institution or if an educational
institution has separately administered athletic programs for male students
and female students, the athletic program for males or the athletic program
for females, as appropriate;
(4) "Contact", a direct or indirect communication between an athlete
agent and a student athlete to recruit or solicit the student athlete to
enter into an agency contract;
(5) "Director", the director of the division of professional
registration;
(6) "Division", the division of professional registration;
(7) "Endorsement contract", an agreement under which a student athlete
is employed or receives consideration to use on behalf of the other party any
value that the student athlete may have because of publicity, reputation,
following, or fame obtained because of athletic ability or performance;
(8) "Intercollegiate sport", a sport played at the collegiate level for
which eligibility requirements for participation by a student athlete are
established by a national association for the promotion or regulation of
collegiate athletics;
(9) "Person", an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture,
government, governmental subdivision, agency, or instrumentality, public
corporation, or any other legal or commercial entity;
(10) "Professional sports services contract", an agreement under which an
individual is employed or agrees to render services as a player on a
professional sports team, with a professional sports organization, or as a
professional athlete;
(11) "Record", information that is inscribed on a tangible medium or that
is stored in an electronic or other medium and is retrievable in perceivable
form;
(12) "Registration", registration as an athlete agent under sections
436.215 to 436.272;
(13) "State", a state of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular
possession subject to the jurisdiction of the United States;
(14) "Student athlete", a current student who engages in, has engaged in,
is eligible to engage in, or may be eligible in the future to engage in, any
intercollegiate sport.
(L. 2004 S.B. 1122, A.L. 2005 S.B. 177)
2004
2004
436.218. As used in sections 436.215 to 436.272, the following terms
mean:
(1) "Agency contract", 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;
(2) "Athlete agent", an individual who enters into an agency contract
with a student athlete or directly or indirectly recruits or solicits a
student athlete to enter into an agency contract. The term does not
include a spouse, parent, sibling, grandparent, or guardian of the student
athlete or an individual acting solely on behalf of a professional sports
team or professional sports organization. The term includes an individual
who represents to the public that the individual is an athlete agent;
(3) "Athletic director", an individual responsible for administering
the overall athletic program of an educational institution or if an
educational institution has separately administered athletic programs for
male students and female students, the athletic program for males or the
athletic program for females, as appropriate;
(4) "Contact", a direct or indirect communication between an athlete
agent and a student athlete to recruit or solicit the student athlete to
enter into an agency contract;
(5) "Director", the director of the division of professional
registration;
(6) "Division", the division of professional registration;
(7) "Endorsement contract", an agreement under which a student
athlete is employed or receives consideration to use on behalf of the other
party any value that the student athlete may have because of publicity,
reputation, following, or fame obtained because of athletic ability or
performance;
(8) "Intercollegiate sport", a sport played at the collegiate level
for which eligibility requirements for participation by a student athlete
are established by a national association for the promotion or regulation
of collegiate athletics;
(9) "Person", an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture,
government, governmental subdivision, agency, or instrumentality, public
corporation, or any other legal or commercial entity;
(10) "Professional sports services contract", an agreement under
which an individual is employed or agrees to render services as a player on
a professional sports team, with a professional sports organization, or as
a professional athlete;
(11) "Record", information that is inscribed on a tangible medium or
that is stored in an electronic or other medium and is retrievable in
perceivable form;
(12) "Registration", registration as an athlete agent under sections
436.215 to 436.272;
(13) "State", a state of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, or any territory or insular
possession subject to the jurisdiction of the United States;
(14) "Student athlete", an individual who engages in, is eligible to
engage in, or may be eligible in the future to engage in, any
intercollegiate sport. If an individual is permanently ineligible to
participate in a particular intercollegiate sport the individual is not a
student athlete for purposes of that sport.
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