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Current as of January 01, 2023 | Updated by Findlaw Staff
As used in ORS 702.005 to 702.065, 702.991 and 702.994:
(1) “Agency contract” means:
(a) A written or oral agreement in which a student athlete authorizes a person, organization or legal, commercial or other entity to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract; or
(b) A written or oral agreement entered into by a student athlete that makes the student athlete ineligible to participate in an interscholastic or intercollegiate sport because of a violation of rules or regulations established by a state or national organization that governs student athlete eligibility or participation.
(2)(a) “Athlete agent” means an individual who, directly or indirectly:
(A) Represents or attempts to represent a student athlete for the purpose of marketing the student athlete's athletic ability or reputation for financial gain; or
(B) Seeks to obtain a type of financial gain or benefit from securing a prospective student athlete's enrollment at an educational institution or from a student athlete's potential earnings as a professional athlete.
(b) “Athlete agent” does not include a spouse, parent, sibling, grandparent or legal guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.
(3) “Athletic director” means:
(a) An individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate;
(b) If the educational institution is a public or private elementary school or secondary school and the educational institution does not have a person responsible for administering the overall athletic program:
(A) The principal of the educational institution; or
(B) If the educational institution does not have a principal, the person designated by the governing body of the school district, education service district or charter school to manage the educational institution; or
(c) If the educational institution is a community college or university and the educational institution does not have a person responsible for administering the overall athletic program:
(A) The president of the educational institution; or
(B) If the educational institution does not have a president, the person designated by the governing body of the educational institution to manage the educational institution.
(4) “Contact” means a communication, direct or indirect, between an athlete agent and a student athlete, to recruit or solicit the student athlete to enter into an agency contract.
(5) “Educational institution” means a public or private elementary school, secondary school, community college, university or other educational institution.
(6) “Endorsement contract” means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following or fame obtained because of athletic ability or performance.
(7) “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 collegiate athletics.
(8) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public body, as defined in ORS 174.109, or any other legal or commercial entity.
(9) “Professional sports services contract” means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization or as a professional athlete.
(10) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(11) “Registration” means registration as an athlete agent pursuant to ORS 702.005 to 702.065, 702.991 and 702.994.
(12) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
(13) “Student athlete” means an individual attending an educational institution within this state who engages in, is eligible to engage in or may be eligible in the future to engage in any interscholastic or intercollegiate sport. If an individual is permanently ineligible to participate in a particular interscholastic or intercollegiate sport, the individual is not a student athlete for purposes of that sport.
Cite this article: FindLaw.com - Oregon Revised Statutes Occupations and Professions § 702.005 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-52-occupations-and-professions/or-rev-st-sect-702-005/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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