118 STAT. 1125 PUBLIC LAW 108–304—SEPT. 24, 2004 Public Law 108–304 108th Congress An Act To designate certain conduct by sports agents relating to the signing of contracts with student athletes as unfair and deceptive acts or practices to be regulated by the Federal Trade Commission. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Sports Agent Responsibility and Trust Act’’. SEC. 2. DEFINITIONS. As used in this Act, the following definitions apply: (1) AGENCY CONTRACT.—The term ‘‘agency contract’’ means an oral or written agreement in which a student athlete author izes a person to negotiate or solicit on behalf of the student athlete a professional sports contract or an endorsement con tract. (2) ATHLETE AGENT.—The term ‘‘athlete agent’’ means an individual who enters into an agency contract with a student athlete, or directly or indirectly recruits or solicits a student athlete to enter into an agency contract, and does not include a spouse, parent, sibling, grandparent, or guardian of such student athlete, any legal counsel for purposes other than that of representative agency, or an individual acting solely on behalf of a professional sports team or professional sports organization. (3) ATHLETIC DIRECTOR.—The term ‘‘athletic director’’ means an individual responsible for administering the athletic program of an educational institution or, in the case that such program is administered separately, the athletic program for male students or the athletic program for female students, as appropriate. (4) COMMISSION.—The term ‘‘Commission’’ means the Fed eral Trade Commission. (5) ENDORSEMENT CONTRACT.—The term ‘‘endorsement con tract’’ means an agreement under which a student athlete is employed or receives consideration for the use by the other party of that individual’s person, name, image, or likeness in the promotion of any product, service, or event. (6) INTERCOLLEGIATE SPORT.—The term ‘‘intercollegiate sport’’ means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of college athletics. 15 USC 7801. 15 USC 7801 note. Sports Agent Responsibility and Trust Act. Education. Sept. 24, 2004 [H.R. 361]
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