Application For Registration/renewal As An Athlete Agent - Iowa Secretary Of State Page 12
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139A.114 Prohibited conduct.
1. An athlete agent, with the intent to induce a student athlete to enter into an
agency contract, shall not do any of the following:
a. Give any materially false, misleading, deceptive, or fraudulent information or
make a materially false promise or a materially false, misleading, deceptive, or
fraudulent representation.
b. Furnish anything of value to a student athlete before the student athlete
enters into the agency contract.
c. Furnish anything of value to any individual other than the student athlete or
another registered athlete agent.
2. An athlete agent shall not intentionally:
a. Initiate contact with a student athlete unless registered under
this
chapter.
b. Refuse or fail to retain or permit inspection of the records required to be
retained by
section
9A.113.
c. Fail to register when required by
section
9A.104.
d. Provide materially false or misleading information in an application for
registration or renewal of registration.
e. Predate or postdate an agency contract.
f. Fail to notify a student athlete before the student athlete signs or otherwise
authenticates an agency contract for a particular sport that the signing or
authentication may make the student athlete ineligible to participate as a student
athlete in that sport.
2009 Acts, ch
33, §14
9A.115 Criminal penalties.
An athlete agent who violates
section 9A.114
is guilty of a serious
misdemeanor.
2009 Acts, ch
33, §15
9A.116 Civil remedies.
1. An educational institution has a right of action against an athlete agent or a
former student athlete for damages caused by a violation of
this
chapter. In an
action under
this
section, the court may award costs and reasonable attorney
fees to the prevailing party.
2. Damages to an educational institution under
subsection 1
include losses
and expenses incurred because, as a result of the conduct of an athlete agent or
former student athlete, the educational institution was injured by a violation of
this chapter
or was sanctioned, declared ineligible, or suspended from
participation in athletics by a national association for the promotion and
regulation of athletics, by an athletic conference, or by reasonable self-imposed
disciplinary action taken to mitigate sanctions likely to be imposed by such an
association.
3. A right of action under
this section
does not accrue until the educational
institution discovers or by the exercise of reasonable diligence should have
discovered the violation by the athlete agent or former student athlete.
4. Any liability of the athlete agent or the former student athlete under
this
section
is several and not joint.
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