Chapter 702 — Chapter 702
51 sections in this chapter.
ORS 702.001 Revised Uniform Athlete Agents Act. ORS 702.005 to 702.065, 702.991 and 702.994 shall be known and may be cited as the Revised Uniform Athlete Agents Act. [2017 c.113 §1]
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[Repealed or reserved.]
ORS 702.005 Definitions. As used in ORS 702.005 to 702.065, 702.200, 702.205, 702.991 and 702.994
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(1) “Agency contract” means 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)(a) “Athlete agent” means an individual who: (A) Directly or ind…
ORS 702.010 [1971 c.771 §1; 1973 c.832 §§61,61a; 1979 c.352 §4; 1983 c.411 §1; 1987 c.414 §91a; 1987 c.456 §7; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.012 Registration requirement; exceptions; issuance; expiration; renewal; suspension; revocation. (1) Except as otherwise provided in subsection (2) of this section, an individual may not act as an athlete agent in Oregon without holding a certificate of registration issued under this section or ORS 702.019
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(2) Before being issued a certificate of registration, an individual may act as an athlete agent in Oregon for all purposes except entering into an agency contract, if: (a) A student athlete, or another person acting on behalf of the athlete, initiates communication with the indi…
ORS 702.017 Application form; contents; issuance of certificate of registration. (1) An applicant for registration as an athlete agent shall submit an application for registration to the Department of Education in a form prescribed by the department and, if requested by the department, shall allow the department to take fingerprints for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195
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(2) The application must be in the name of an individual and, except as otherwise provided in subsection (3) of this section, signed or otherwise authenticated by the applicant under penalty of perjury. The application must state or contain: (a) The name of the applicant and the …
ORS 702.019 Temporary certificate of registration. The Department of Education may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. [2005 c.525 §6]
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[Repealed or reserved.]
ORS 702.020 [1971 c.771 §21; 1973 c.576 §1; 1983 c.411 §2; 1987 c.447 §138; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.022 [1999 c.1079 §4; repealed by 2005 c.730 §77]
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[Repealed or reserved.]
ORS 702.023 Fees. (1) An application for registration or renewal of registration must be accompanied by a fee in the following amount
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(a) $250 for an initial application for registration; (b) $150 for an application for registration based upon a certificate of registration or licensure issued by another state; (c) $150 for an application for renewal of registration; or (d) $150 for an application for renewal of…
ORS 702.027 Restrictions on athlete agents. An athlete agent may not intentionally
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(1) Initiate contact with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete unless registered under ORS 702.005 to 702.065, 702.991 and 702.994; (2) Refuse or fail to retain or permit inspection of the records required to be retained by ORS 702.…
ORS 702.029 Notice to athletic director regarding contact with student athlete. (1) As used 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
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(2) Before communicating or attempting to communicate with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, an athlete agent shall provide written notice to the athletic director of the educational institution at which the student athlete is e…
ORS 702.030 Restrictions on inducement of student athletes; exceptions. (1) Except as otherwise provided in subsection (2) of this section, an athlete agent, with the intent to induce 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 other individual to take or assist any other individual in taking any of the following actions on behalf of the agent
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(a) Give any materially false or misleading information or make a materially false promise or representation. (b) Furnish anything of value to the student athlete before the student athlete enters into an agency contract. (c) Furnish anything of value to any individual other than…
ORS 702.032 [1999 c.1079 §5; 2005 c.525 §9; repealed by 2017 c.113 §11]
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[Repealed or reserved.]
ORS 702.037 [1999 c.1079 §7; 2005 c.525 §10; repealed by 2017 c.113 §11]
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[Repealed or reserved.]
ORS 702.042 [1999 c.1079 §8; repealed by 2005 c.525 §23]
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[Repealed or reserved.]
ORS 702.047 Contract requirements. (1) A written agency contract must be in a record, signed or otherwise authenticated by the parties
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(2) A written agency contract must state or contain: (a) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will…
ORS 702.050 [1971 c.771 §2; 1979 c.352 §5; 1983 c.411 §3; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.052 Right to cancel contract. (1) 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 of the cancellation to the athlete agent in a record within 14 days after entering into the agency contract
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(2) The right of a student athlete or, if the athlete is a minor, the parent or guardian of the athlete to cancel an agency contract under this section may not be waived. (3) If a student athlete, parent or guardian cancels an agency contract, the student athlete, parent or guard…
ORS 702.054 Notice of contract. (1) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll
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(2) Within 72 hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is…
ORS 702.057 Civil remedies available for educational institutions and student athletes. (1) An educational institution or student athlete shall have a cause of action against an athlete agent for damages caused by a violation of ORS 702.005 to 702.065, 702.991 and 702.994. In an action under this section, the court may award to the prevailing party costs and reasonable attorney fees
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(2) For the purposes of this section, damages of an educational institution or student athlete include losses and expenses incurred because, as a result of the conduct of an athlete agent, the educational institution or student athlete was injured by a violation of ORS 702.005 to…
ORS 702.059 Retention of records; inspection. (1) An athlete agent shall retain the following records for a period of five years
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(a) The name and address of each individual represented by the athlete agent; (b) Any agency contract entered into by the athlete agent; and (c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract…
ORS 702.060 [1971 c.771 §12; 1973 c.832 §62; 1979 c.352 §6; 1983 c.411 §4; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.062 Appointment of Department of Education as agent for service of process; subpoenas. (1) By acting as an athlete agent in Oregon, a nonresident individual appoints the Department of Education as the individual’s agent for service of process in any civil action in Oregon related to the individual’s acting as an athlete agent in Oregon
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(2) The department may issue subpoenas for any material that is relevant to the administration of ORS 702.005 to 702.065, 702.991 and 702.994. [2005 c.525 §3]
ORS 702.063 Rules. The State Board of Education may adopt any rules necessary to carry out the provisions of ORS 702.005 to 702.065, 702.991 and 702.994. [1999 c.1079 §4a; 2005 c.525 §18]
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[Repealed or reserved.]
ORS 702.065 Uniformity of law. In applying and construing ORS 702.005 to 702.065, 702.991 and 702.994, the courts, a prosecuting attorney as defined in ORS 646.605 and the Department of Education shall give consideration to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniform Athlete Agents Act. [2005 c.525 §21; 2013 c.54 §9]
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[Repealed or reserved.]
ORS 702.070 [1971 c.771 §3; 1973 c.576 §2; 1983 c.411 §5; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.080 [1971 c.771 §13; 1983 c.411 §6; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.083 [1979 c.352 §2; 1983 c.411 §7; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.087 [1979 c.352 §16; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.090 [1971 c.771 §§6,10; 1973 c.832 §63; 1977 c.873 §24; 1977 c.874 §6a; 1979 c.352 §7; 1983 c.411 §9; 1985 c.269 §1; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.100 [1971 c.771 §§5,9; 1973 c.832 §§64,64a; 1977 c.873 §25; 1977 c.874 §7a; 1979 c.352 §8; 1983 c.411 §10; 1987 c.456 §1; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.105 [1973 c.799 §6; 1979 c.352 §9; 1983 c.411 §11; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.110 [1971 c.771 §7; 1973 c.799 §3; 1973 c.832 §65; 1974 s.s. c.69 §1; 1975 c.787 §1; 1979 c.352 §10; repealed by 1983 c.411 §21]
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[Repealed or reserved.]
ORS 702.120 [1971 c.771 §4; 1973 c.832 §66; 1979 c.352 §11; 1983 c.411 §12; 1987 c.414 §92; 1987 c.456 §2; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.130 [1971 c.771 §7a; 1973 c.799 §4; 1979 c.352 §12; 1983 c.411 §13; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.135 [1979 c.352 §3; 1983 c.411 §14; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.140 [1971 c.771 §8; 1979 c.352 §13; 1983 c.411 §15; 1987 c.456 §3; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.150 [1979 c.352 §14; 1983 c.411 §16; 1989 c.266 §1; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.160 [1971 c.771 §§11,18; 1983 c.411 §17; 1987 c.456 §8; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.165 [1987 c.456 §5; repealed by 1995 c.386 §1]
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[Repealed or reserved.]
ORS 702.170 [1971 c.771 §14; repealed by 1979 c.31 §1]
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[Repealed or reserved.]
ORS 702.175 [1987 c.456 §10; repealed by 1995 c.386 §1]
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STUDENT ATHLETES
ORS 702.200 Student athlete economic rights; name, image, likeness or athletic reputation. (1) As used in this section
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(a) “Athletic association, conference or organization with authority over intercollegiate sports” includes the National Collegiate Athletic Association. (b)(A) “Economic rights” means the rights of a student athlete enrolled in a post-secondary institution of education to earn co…
ORS 702.205 Royalty payments for use of student athlete’s name, image, likeness or athletic reputation. A person that produces an intercollegiate sports team jersey, video game or trading card for the purpose of making a profit shall make a royalty payment to each student athlete for use of the student athlete’s name, image, likeness or athletic reputation if the person uses the student athlete’s name, image, likeness or athletic reputation in or on the intercollegiate sports team jersey, video game or trading card. [2022 c.20 §1; 2024 c.15 §2]
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[Repealed or reserved.]
ORS 702.210 [1971 c.771 §15; 1983 c.411 §18; 1985 c.269 §2; repealed by 1987 c.414 §93a and 1987 c.456 §13]
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[Repealed or reserved.]
ORS 702.220 [1971 c.771 §16; 1979 c.352 §15; 1983 c.411 §20; repealed by 1987 c.456 §13]
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[Repealed or reserved.]
ORS 702.230 [1971 c.771 §17; 1973 c.832 §67; repealed by 1987 c.456 §13]
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[Repealed or reserved.]
ORS 702.990 [1971 c.771 §22; repealed by 1995 c.386 §1]
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PENALTIES
ORS 702.991 Criminal penalties. (1) Violation of ORS 702.027 is a Class A misdemeanor
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(2) An athlete agent who violates ORS 702.030 (1)(b) is guilty of a Class C felony. (3) Violation of the athlete agent’s 72-hour notice requirement provided under ORS 702.054 (1) is a Class C felony. (4) It is a Class A misdemeanor for any person to conduct business as an athlete…
ORS 702.994 Civil penalties. (1) The Department of Education may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this section and ORS 702.005 to 702.065
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(2) Civil penalties under subsection (1) of this section shall be imposed in the manner provided in ORS 183.745. (3) All civil penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental …