Title XXVIII — CONTRACTS AND CONTRACTUAL RELATIONS

436.100. Definitions. — As used in this section, the following terms mean: (1) "Campground", real property, other than state-owned property, which contains parcels for rent to transient guests for pay or compensation, which may include temporary utility hook-ups for use by the tr…

436.103. Action for damages or injunction, jurisdiction. — Any party to a franchise agreement may bring an action in the jurisdiction in which the franchisee is located to recover damages sustained by reason of the breach of the franchise agreement and, where appropriate, shall b…

436.105. Franchisor to have registered agent on file in office of secretary of state. — Any franchisor which grants a franchise to any person in this state shall have a registered agent in this state. The name and address of such registered agent shall be on file with the secreta…

436.150. Definitions. — As used in sections 436.150 to 436.163, the following terms mean: (1) "Copyright owner", the owner of a copyright of a nondramatic musical work other than a motion picture or other audiovisual works recognized and enforceable under the copyright laws of th…

436.153. Proprietor entering into contract to be furnished certain information in writing — time limitation. — No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any ti…

436.155. Performing rights society duties — list of music to be on file with attorney general. — The performing rights society shall establish and maintain a toll-free telephone number which the proprietor may use to inquire regarding specific musical works and copyright owners r…

436.157. Contract for payment of royalties must be in writing, content. — Every contract for the payment of royalties executed in this state shall: (1) Be in writing; (2) Be signed by the parties; (3) Not require a term exceeding one year unless agreed by the proprietor or if the…

436.159. Prohibited acts by performing rights society, exception — violations — penalties. — 1. No performing rights society, or any agent or employee thereof shall: (1) Enter onto the premises of a proprietor's business for the purpose of discussing a contract for payment of roy…

436.161. Proprietor may bring action for violations to recover damages — recovery to include costs. — 1. A proprietor may bring an action or assert a counterclaim in a court of competent jurisdiction, against a performing rights society, or both, to enjoin any violation of sectio…

436.163. Laws applicable only to performing rights societies. — Sections 436.150 to 436.163 shall only apply to performing rights societies. Sections 436.150 to 436.163 shall not apply to contracts between copyright owners or performing rights societies and broadcasters licensed …

436.215. Citation of law. — Sections 436.215 to 436.272 may be cited as the "Uniform Athlete Agents Act". ­­-------- (L. 2004 S.B. 1122)

436.218. Definitions. — 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 endo…

436.221. Director's authority. — 1. The director shall administer the provisions of sections 436.215 to 436.272. 2. By engaging in the business of an athlete agent in this state, a nonresident individual appoints the director as the individual's agent to accept service of process…

436.224. Certificate of registration required — act as athlete agent without certificate, when. — 1. Except as otherwise provided in subsection 2 of this section, an individual may not act as an athlete agent in this state without being issued a certificate of registration under …

436.225. Criminal background check, fingerprint submission. — 1. The director of the division of professional registration may require that fingerprint submissions be made as part of an application seeking licensure as an athlete agent. 2. If the director of the division of profe…

436.227. Application procedure, contents — reciprocity, requirements — director to issue certificate, when, duties. — 1. An applicant for registration shall submit an application for registration to the director in a form prescribed by the director. The application shall be in th…

436.230. Certificate of registration issued, when — refusal to issue, when, considerations — certificate renewal, procedure. — 1. Except as otherwise provided in subsection 2 of this section, the director shall issue a certificate of registration to an individual who complies wit…

436.233. Sanctioning of certificate of registration, when — complaint procedure. — 1. The director may revoke, suspend, or refuse to renew any certificate of registration required under this chapter for one or any combination of causes stated in subsection 2 of this section. The …

436.236. Temporary certificate of registration permitted, when. — The director may issue a temporary certificate of registration while an application for registration or renewal is pending. ­­-------- (L. 2004 S.B. 1122, A.L. 2021 H.B. 273)

436.239. Application fee — athlete agent fund created — rulemaking authority. — 1. An application for registration or renewal of registration shall be accompanied by a fee which shall be determined by the director and established by rule. All fees payable under the provisions of …

436.242. Contract requirements and content — separate record for minors — violations, voided contract — parental signature required for minors. — 1. An agency contract shall be in a record signed by the parties. 2. An agency contract shall state or contain: (1) A statement that t…

436.245. Notice of contract, when — violation of athlete agent law, educational institution to notify director. — 1. As used in this section, "communicating or attempting to communicate" shall mean contacting or attempting to contact by an in-person meeting, a record, or any othe…

436.248. Cancellation of contract, when. — 1. A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may cancel an agency contract by giving notice in writing to the athlete agent of the cancellation within fourteen days after the c…

436.251. Records to be retained. — 1. An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs …

436.254. Prohibited acts. — An athlete agent shall not intentionally: (1) Give a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete materially false or misleading information or make a materially false promise or representation with…

436.260. Educational institution or student athlete cause of action, when, damages — violation an unfair trade practice. — 1. An educational institution or a student athlete may bring an action for damages against an athlete agent if the institution or student athlete is adversel…

436.263. Violations, penalties. — 1. Any individual who violates any provision of sections 436.215 to 436.272 is guilty of a class A misdemeanor and liable for a civil penalty not to exceed one hundred thousand dollars. 2. Any individual who knowingly violates any provision of se…

436.266. Uniformity considered in applying law. — In applying and construing sections 436.215 to 436.272, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of sections 436.215 to 436.272 among states that enact it. ­­----…

436.272. Moneys collected for certain violations to be transferred to general revenue. — Any moneys collected by the director under section 436.263 shall immediately be transferred to the department of revenue for deposit in the state treasury to the credit of general revenue. ­­…

436.300. Private construction work contract payment requirements. — Notwithstanding any other law to the contrary, all parties to any contract or agreement for private construction work that is between any owner and any contractor, or between any contractor and any subcontractor,…

436.303. Contract provisions — retainage. — A contract or agreement may include a provision for the retainage of a portion of any payment due from the owner to the contractor, not to exceed ten percent of the amount of such payment due pursuant to the contract or agreement, to en…

436.306. Security tendered, when. — 1. The contractor may tender to the owner acceptable substitute security as set forth in section 436.312 with a written request for release of retainage in the amount of the substitute security. The contractor shall thereupon either: (1) Be ent…

436.309. Subcontractor may tender substitute security, when. — A subcontractor of the contractor may tender to the contractor acceptable substitute security as set forth in section 436.312 with a written request for release of retainage in the amount of the substitute security. T…

436.312. Substitute security requirements. — 1. The following shall constitute acceptable substitute security for purposes of sections 436.306 and 436.309: (1) Certificates of deposit drawn and issued by a national banking association located in this state or by any banking corpo…

436.315. Withholding of retainage prohibited, when. — A contractor shall not withhold from any subcontractor any retainage in excess of the retainage withheld from the contractor by the owner for the subcontractor's work, unless the subcontractor's performance is not in accordanc…

436.318. Release of retainage, payment made. — Upon the release of retainage by the owner to the contractor, other than for substituted security pursuant to sections 436.306 and 436.312, the contractor shall pay to each subcontractor the subcontractor's ratable share of the retai…

436.321. Adjustment in retainage, when. — If it is determined that a subcontractor's performance has been satisfactorily completed and the subcontractor can be released prior to substantial completion of the entire project without risk to the owner involving the subcontractor's w…

436.324. Release of retainage, when. — Within thirty days of the project reaching substantial completion, as defined in section 436.327, all retainage or substitute security shall be released by the owner to the contractor less an amount equal to one hundred fifty percent of the …

436.327. Substantial completion defined. — The project shall be deemed to have reached substantial completion upon the occurrence of the earlier of the architect or engineer issuing a certificate of substantial completion in accordance with the terms of the contract documents or …

436.330. Subcontractor obligations. — Subcontractors and sub-subcontractors of every tier shall comply with the provisions of sections 436.300 to 436.336 in their relations with their sub-subcontractors and suppliers and shall be bound by the same obligations to their sub-subcont…

436.333. Unenforceability of contracts entered into after August 28, 2002. — A contract or agreement formed after August 28, 2002, shall be unenforceable to the extent that its provisions are inconsistent with sections 436.300 to 436.336. If retainage is withheld in violation of …

436.336. Applicability. — Sections 436.300 to 436.336 shall apply to contracts and agreements entered into after August 28, 2002. Sections 436.300 to 436.336 shall apply to all private construction projects, except single-family residential construction and other residential cons…

436.345. Home inspection not required for sale of property, exception. — Notwithstanding any other provision of law to the contrary, no political subdivision shall require a property owner to have a home inspection conducted of a residential property prior to the sale of the prop…

436.350. Definitions. — As used in sections 436.350 to 436.365, unless the context clearly requires otherwise, the following terms shall mean: (1) "Action", any civil lawsuit, action, or proceeding, in contract or tort, or otherwise, for damages or indemnity, brought to assert a …

436.353. Notice of offer to cure defects by contractor, contents — effect on court actions. — 1. The contractor shall provide notice to each homeowner upon entering into a contract for sale, construction, or substantial remodel of a residence of the contractor's right to offer to…

436.356. Court actions arising from construction defects, notice of alleged defect to be given, response of contractor — dispute of claim, procedure — mediation, where to occur. — 1. In every action against a contractor arising from construction or substantial remodel of a reside…

436.359. Rejection of settlement offer by association governing board, effect of — meeting requirements. — 1. If an association's governing board rejects a written settlement offer from the contractor and has satisfied applicable provisions of section 436.356, and upon written re…

436.362. Mediation requirements. — 1. At any time, either a claimant or contractor may offer to resolve a claim against a contractor through mediation. Mediation pursuant to this section shall be nonbinding and independently administered. The contractor and claimant shall mutuall…

436.365. Law not to restrict or inhibit other remedies or ability to contract. — 1. Nothing in sections 436.350 to 436.365 shall be construed to create a theory or cause of action upon which liability may be based or to limit any causes of action or remedies otherwise available t…

436.400. Citation of law — applicability. — The provisions of sections 436.400 to 436.520 shall be referenced as the "Missouri Preneed Funeral Contract Act" and shall apply only to preneed contracts entered into, and accounts created on or after, August 28, 2009, unless otherwise…