Title XXVIII — CONTRACTS AND CONTRACTUAL RELATIONS

435.360. Appointment of arbitrators by court. — If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed…

435.365. Majority action by arbitrators. — The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by sections 435.350 to 435.470. ­­-------- (L. 1980 H.B. 1203 § 4)

435.370. Hearing. — Unless otherwise provided by the agreement: (1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hea…

435.375. Representation by attorney. — A party has the right to be represented by an attorney at any proceeding or hearing under sections 435.350 to 435.470. A waiver thereof prior to the proceeding or hearing is ineffective. ­­-------- (L. 1980 H.B. 1203 § 6)

435.380. Witnesses, subpoenas, depositions. — 1. The arbitrators may issue or cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued sha…

435.385. Award. — 1. The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement. 2. An award shall be made within the time fixed therefor by…

435.390. Change of award by arbitrators. — On application of a party or, if an application to the court is pending under section 435.400, 435.405 or 435.410, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or …

435.395. Fees and expenses of arbitration. — Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. …

435.400. Confirmation of an award. — Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections…

435.405. Vacating an award — de novo judicial review, when. — 1. Upon application of a party, the court shall vacate an award where: (1) The award was procured by corruption, fraud or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral or c…

435.410. Modification or correction of award. — 1. Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where: (1) There was an evident miscalculation of figures or an evident mistake in the d…

435.415. Judgment or decree on award — certain arbitration awards not binding, not admissible, and not basis for judgment or decree, when — insurer defined. — 1. Except as provided in subsection 2 of this section, upon the granting of an order confirming, modifying or correcting …

435.420. Judgment roll, docketing. — 1. On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following: (1) The agreement and each written extension of the time within which to make the award; (2) The award; (3) A copy …

435.425. Applications to court. — Except as otherwise provided, an application to the court under sections 435.350 to 435.470 shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the…

435.430. Court, jurisdiction. — The term "court" means any court of competent jurisdiction of this state. The making of an agreement described in section 435.350 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under sections 435.…

435.435. Venue. — An initial application shall be made to the circuit court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the cou…

435.440. Appeals. — 1. An appeal may be taken from: (1) An order denying an application to compel arbitration made under section 435.355; (2) An order granting an application to stay arbitration made under subsection 2 of section 435.355; (3) An order confirming or denying confir…

435.445. Act not retroactive. — Sections 435.350 to 435.470 apply only to agreements made subsequent to the taking effect of sections 435.350 to 435.470. ­­-------- (L. 1980 H.B. 1203 § 20)

435.450. Uniformity of interpretation. — Sections 435.350 to 435.470 shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. ­­-------- (L. 1980 H.B. 1203 § 21)

435.455. Constitutionality. — If any provision of sections 435.350 to 435.470 or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of sections 435.350 to 435.470 which can be given without the i…

435.460. Notice of arbitration provisions required. — Each contract subject to the provisions of sections 435.350 to 435.470 shall include adjacent to, or above, the space provided for signatures a statement, in ten point capital letters, which read substantially as follows: "THI…

435.465. Application of law. — 1. Sections 435.350 to 435.470 shall apply only to written agreements between commercial persons, or between such persons and those with whom they contract other than commercial persons, involving the submission of any existing controversy to arbitr…

435.470. Short title. — Sections 435.350 to 435.470 may be cited as the "Uniform Arbitration Act". ­­-------- (L. 1980 H.B. 1203 § 25)

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…