Title 8

(a) The merchant shall disclose to the consumer the information required by this title. In a transaction involving more than one consumer, the merchant need disclose to only one of the consumers who are primarily obligated. In a transaction involving more than one merchant, only …

A rental-purchase agreement shall not contain a provision: (1) Requiring a confession of judgment; (2) Authorizing a merchant or agent of the merchant to commit a breach of the peace while repossessing merchandise; (3) Waiving a defense, counterclaim, or right the consumer may ha…

A consumer who fails to make a timely rental payment may reinstate an agreement without losing any rights or options previously acquired, by taking the required action within five days if the consumer pays monthly or within two days if the consumer pays more frequently than month…

An advertisement for a rental-purchase agreement that states the amount of a payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state: (1) That the transaction advertised is a rental-purchase agreement and (2) T…

(a) A consumer damaged by a violation of this chapter by a merchant is entitled to recover from the merchant: (1) Actual damages; (2) Twenty-five percent of an amount equal to the total amount of payments required to obtain ownership of the merchandise involved, except that the a…

(a) Except as provided in subsection (b), a person in the business of renting heavy equipment property located in this state may include in the rental agreement a one and one-half percent recovery fee on the gross rental receipts from any item of heavy equipment rented by a custo…

This chapter may be cited as the Revised Uniform Athlete Agents Act (2016). (Act 2016-415, §1.)

(a) An agency contract must be in a record signed by the parties. (b) An agency contract must contain: (1) a statement that the athlete agent is registered as an athlete agent in this state and a list of any other states in which the agent is registered as an athlete agent; (2) t…

(a) 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. (b) Not later than 72 hours after entering into an agency contract or b…

(a) 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 in a record of cancellation to the athlete agent not later than 14 days after the contract is signed. (b) A student athlete or, if the athlete…

(a) An athlete agent shall create and retain for five years records of the following: (1) the name and address of each individual represented by the agent; (2) each agency contract entered into by the agent; and (3) the direct costs incurred by the agent in the recruitment or sol…

(a) Except as otherwise provided in subsection (c), an athlete agent, with the intent to influence 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 ot…

(a) The commission of any conduct prohibited in subsection (a) of Section 8-26B-14 by an individual required by this chapter to register as an athlete agent who has intentionally not registered under this chapter is a Class B felony. (b) Except for subdivision (1) of subsection (…

(a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adverse…

The Secretary of State may assess a civil penalty against an athlete agent not to exceed fifty thousand dollars ($50,000) for a violation of this chapter. (Act 2016-415, §1.)

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Act 2016-415, §1.)

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of t…

In this chapter: (1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract. (2) “Athlete agent”: (A) means an individual, whether or not …

(a) The Alabama Administrative Procedure Act applies to this chapter. The Secretary of State may adopt rules under the act to implement this chapter. (b) By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual’s agen…

(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under this chapter. (b) Before being issued a certificate of registration under this chapter, an individual may act as an …

(a) An applicant for registration as an athlete agent shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. The applicant must be an individual, and the application must be signed by the applicant under penalty of p…

(a) Except as otherwise provided in subsection (b), the Secretary of State shall issue a certificate of registration to an applicant for registration who complies with Section 8-26B-5(a). (b) The Secretary of State may refuse to issue a certificate of registration to an applicant…

(a) The Secretary of State may limit, suspend, revoke, or refuse to renew a registration of an individual registered under Section 8-26B-6(a) for conduct that would have justified refusal to issue a certificate of registration under Section 8-26B-6(b). (b) The Secretary of State …

The Secretary of State may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending. (Act 2016-415, §1.)

An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in the following amount: (1) Two hundred dollars ($200) for an initial application for registration; (2) One hundred dollars ($100) for registration based on a certificate …

(a) The Alabama Athlete Agents Commission is continued in existence. The commission shall consist of the Secretary of State or an individual designated by the Secretary of State and 18 members to be appointed as follows: (1) One member appointed by the Governor. (2) One member ap…

(a) All moneys collected for registrations and all fines collected for violations of this chapter shall be paid to the Secretary of State, who shall deposit them in a special fund in the State Treasury for the use of the commission. (b) There is hereby created in the State Treasu…

This chapter may be cited as the “Alabama Trade Secrets Act.” (Acts 1987, No. 87-669, p. 1195, §6.)

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) TRADE SECRET. A “trade secret” is information that: a. Is used or intended for use in a trade or business; b. Is included or embodied …

A person who discloses or uses the trade secret of another, without a privilege to do so, is liable to the other for misappropriation of the trade secret if: (1) That person discovered the trade secret by improper means; (2) That person’s disclosure or use constitutes a breach of…

(a) The remedies available for actual or threatened misappropriation of a trade secret are: (1) To the extent that they are not duplicative: a. Such injunctive and other equitable relief as may be appropriate with respect to any actual or threatened misappropriation of a trade se…

An action for misappropriation must be brought within two years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. (Acts 1987, No. 87-669, p. 1195, §4.)

Those provisions of this chapter that are inconsistent with the common law of trade secrets supersede the common law; otherwise, this chapter should be construed to be consistent with the common law of trade secrets. (Acts 1987, No. 87-669, p. 1195, §5.)

As used in this chapter, the following words shall have the following meanings respectively ascribed to them, unless the context clearly indicates otherwise: (1) CUSTOMER. Any person who causes a molder to make a form or to use a form to make a product. (2) FORM. An object in or …

Unless a customer and a molder otherwise agree in writing, a molder may, as provided in Section 8-28-3, dispose of a form owned by a customer if the customer does not take from the molder physical custody of the form within three years after the molder’s last prior use of the for…

A molder who wishes to dispose of a form shall send written notice by registered mail with return receipt requested to the customer’s last-known address and to any address set forth in the agreement under which the molder obtained physical custody of the form. The notice shall st…

This chapter applies to any form, whether it was last used before, on or after May 4, 1989. (Acts 1989, No. 89-537, p. 1125, §4.)

For the purpose of this chapter, the following words have the following meanings: (1) CONTRACTOR. Any person, individual, firm, corporation, partnership, or other legal entity who contracts with an owner to improve real property or perform construction services for an owner. (2) …

Performance by a contractor, subcontractor, or sub-subcontractor in accordance with the provisions of his or her contract entitles them to payment from the party with whom they contract. All contracts between parties require a date of payment. (Acts 1995, No. 95-380, p. 775, §2.)

(a) When a contractor has performed pursuant to his or her contract and submits an application or pay request for payment or an invoice for materials, to the owner or owner’s representative, the owner shall timely pay the contractor by mailing via first class mail or delivering t…

(a) Nothing in this chapter shall prevent the owner, contractor, or subcontractor from withholding application and certification for payment for any of the following reasons if there is a bona fide dispute over one or more of the following: (1) Unsatisfactory job progress. (2) De…

A party may not waive the right to receive interest before a payment is due under a contract subject to this section. A party may waive the interest due on any late payment on or after the date the payment is due under Section 8-29-3. (Acts 1995, No. 95-380, p. 775, §5.)

A contractor, subcontractor, or sub-subcontractor may file a civil action solely against the party contractually obligated for the payment of the amount claimed to recover the amount due plus the interest accrued in accordance with this chapter. If the court finds in the civil ac…

This chapter does not apply to the following: (1) Residential homebuilders. (2) Improvements to real property intended for residential purposes which consist of 16 or fewer residential units. (3) Contracts, subcontracts, or sub-subcontracts in the amount of ten thousand dollars (…

This chapter does not amend or modify existing laws relating to mechanics and materialmen liens and shall not be applicable in civil actions pursuant to Title 35, Chapter 11, Division 8. (Acts 1995, No. 95-380, p. 775, §8.)

The following terms shall have the following meanings: (1) BURIAL MERCHANDISE. Any merchandise normally offered or sold by a cemetery for use in connection with the interment, entombment, or inurnment of human remains. This includes, but is not limited to, subterranean crypts, ma…