Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Student athlete" means a person who engages in, is eligible to engage in, or may be eligible to engage in any intercollegiate sporting event, contest, exhibition, or program. The term includes any individual who may be eligible to engage in collegiate sports in the future.
(c) "Athletic director" means the person discharging the duties of coordinating and administering the overall athletic program for the educational institution attended by the student athlete.
(d) "Educational institution" means the public or private high school, college, junior college, or university that the student athlete last attended or to which the student athlete has expressed written intention to attend.
Subd. 2. Waiver of eligibility. A student athlete's waiver of intercollegiate athletic eligibility is not effective until the waiver of eligibility form prescribed by this subdivision has been filed with the Offices of the Secretary of State and the athletic director for seven days. The waiver is considered to have been on file seven days as of the eighth day after the receipt by the Offices of the Secretary of State and the athletic director of the completed waiver of eligibility form prescribed by this subdivision. The original waiver is to be filed with the secretary of state and must be available for public inspection in the Office of the Secretary of State during normal business hours. The waiver form must provide:
"WAIVER OF INTERCOLLEGIATE ATHLETIC ELIGIBILITY
I, ......................, hereby waive any and all intercollegiate athletic eligibility. This waiver is not effective until seven days after it has been received by the Minnesota secretary of state and the office of the athletic director.
This waiver is revocable until my intercollegiate athletic eligibility is terminated as a result of my entering either a contract with an athletic agent or a professional sports contract.
.......................
STUDENT ATHLETE
.......................
EDUCATIONAL INSTITUTION
.......................
DATE"
Subd. 3. Representation of certain athletes prohibited. A person may not, before the effective date of a student athlete's waiver of intercollegiate athletic eligibility, enter into a contract, written or oral, with a student athlete to:
(1) serve as the agent of the student athlete in obtaining a professional sports contract; or
(2) represent the student athlete or a professional sports organization in obtaining a professional sports contract for or with a student athlete.
A person who violates this subdivision is subject to the remedies under section 8.31, except that a civil penalty imposed under that section may be not more than $100,000, or three times the amount given, offered, or promised as an inducement for the student athlete to enter the agency contract or professional sports contract, exclusive of the compensation provided by the professional sports contract, whichever is greater.
Subd. 4. Influencing of educational institution employees prohibited. A person may not offer, give, or promise to give an employee of an educational institution, directly or indirectly, any benefit, reward, or consideration to which the employee is not legally entitled, with the intent that:
(1) the employee will influence a student athlete to enter into a contract with the person to serve as the athlete's agent or to enter into a professional sports contract; or
(2) the employee will refer student athletes to the person.
A person who violates this subdivision is subject to the remedies under section 8.31, except that a civil penalty imposed under that section may be not more than $100,000, or three times the value offered to the employee in violating this subdivision, whichever is greater.
Subd. 5. Voidability of contract. A contract entered into in violation of subdivision 3 is voidable by the student athlete. If voided by the student athlete, the athletic agent shall return to the student athlete any compensation received under the contract. The athletic agent shall also pay reasonable attorney's fees and costs incurred by a student athlete in any action or defense under this subdivision.
1988 c 701 s 1
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 325E — Trade Practices
Section 325E.01 — Delivery Tickets To Accompany Each Fuel Delivery.
Section 325E.02 — Customer Deposits.
Section 325E.021 — Utility Delinquency Charges.
Section 325E.025 — Landlords And Tenants; Utility Bills.
Section 325E.026 — Unauthorized Use Of Utility Meters.
Section 325E.027 — Discrimination Prohibition.
Section 325E.028 — Utility Payment Arrangements For Military Service Personnel.
Section 325E.03 — Sale Of Beverage Containers Having Detachable Parts.
Section 325E.031 — Immigration Services.
Section 325E.04 — Free Samples; Distribution.
Section 325E.041 — Sensory Testing Research.
Section 325E.042 — Prohibiting Sale Of Certain Plastics.
Section 325E.044 — Plastic Container Labeling.
Section 325E.046 — Standards For Labeling Plastic Bags.
Section 325E.05 — Agricultural Implement Dealerships; Return Of Stock.
Section 325E.061 — Definitions.
Section 325E.062 — Terminations Or Cancellations.
Section 325E.063 — Violations.
Section 325E.0631 — Warranties.
Section 325E.064 — Status Of Inconsistent Agreements.
Section 325E.067 — Applicability.
Section 325E.068 — Definitions.
Section 325E.0681 — Terminations Or Cancellations.
Section 325E.0682 — Violations.
Section 325E.0683 — Status Of Inconsistent Agreements.
Section 325E.07 — Cigarette Vending Machines, Notice Relating To Sales.
Section 325E.08 — Service For Disabled Persons At Gasoline Stations.
Section 325E.085 — Motor Vehicle Fuel Payment.
Section 325E.095 — Computation Of Sales By Small Retailers.
Section 325E.0951 — Motor Vehicle Air Pollution Control Systems.
Section 325E.0952 — Mandatory Air Bag Replacement.
Section 325E.10 — Definitions.
Section 325E.11 — Collection Facilities; Notice.
Section 325E.112 — Used Motor Oil And Used Motor Oil Filter Collection.
Section 325E.115 — Lead Acid Batteries; Collection For Recycling.
Section 325E.1151 — Lead Acid Battery Purchase And Return.
Section 325E.125 — General And Special Purpose Battery Requirements.
Section 325E.1251 — Penalty Enforcement.
Section 325E.127 — Notice For Fluorescent Lamps Containing Mercury.
Section 325E.13 — Tampering With Odometers; Definitions.
Section 325E.14 — Prohibited Acts.
Section 325E.15 — Transfer Of Motor Vehicle; Mileage Disclosure.
Section 325E.16 — Penalties; Remedies.
Section 325E.165 — Definition.
Section 325E.166 — Clock-hour Meters; Prohibited Acts.
Section 325E.167 — Penalties And Remedies.
Section 325E.169 — Definitions.
Section 325E.17 — Unlawful Transfers Or Sales Of Recordings.
Section 325E.18 — Identity Of Transferor.
Section 325E.201 — Violations; Punishment.
Section 325E.21 — Dealers In Scrap Metal; Records, Reports, And Registration.
Section 325E.23 — Definitions.
Section 325E.24 — Furnishing Of Space; Exceptions.
Section 325E.26 — Definitions.
Section 325E.27 — Use Of Prerecorded Or Synthesized Voice Messages.
Section 325E.28 — Requirements On Automatic Dialing-announcing Devices.
Section 325E.29 — Message Requirements.
Section 325E.30 — Time Of Day Limit.
Section 325E.317 — Definitions.
Section 325E.318 — Wireless Directories.
Section 325E.319 — Wireless Communications Devices; Acquisition For Resale.
Section 325E.32 — Waste Tires; Collection.
Section 325E.33 — Misconduct Of Athletic Agents.
Section 325E.34 — Free Newspapers; Exclusive Right To Distribute Prohibited.
Section 325E.35 — Definitions.
Section 325E.36 — Seller-financed Agricultural Input Sales.
Section 325E.37 — Termination Of Sales Representatives.
Section 325E.38 — Sale Of Certain Cfc Products Prohibited.
Section 325E.381 — Perchloroethylene Prohibition.
Section 325E.385 — Products Containing Polybrominated Diphenyl Ether.
Section 325E.386 — Products Containing Certain Polybrominated Diphenyl Ethers Banned; Exemptions.
Section 325E.387 — Review Of Decabromodiphenyl Ether.
Section 325E.389 — Items Containing Lead Prohibited.
Section 325E.3891 — Cadmium In Children's Jewelry.
Section 325E.39 — Telephone Advertising Services.
Section 325E.395 — Facsimile Transmission Of Unsolicited Advertising Materials.
Section 325E.40 — Sale Of Petroleum-based Sweeping Compound Products Prohibited.
Section 325E.41 — Deceptive Trade Practices; Environmental Marketing Claims.
Section 325E.42 — Deceptive Trade Practices; Gambling Advertising And Marketing Claims.
Section 325E.491 — Definitions.
Section 325E.492 — Production.
Section 325E.50 — Definitions.
Section 325E.51 — Licensing Negotiations.
Section 325E.52 — Royalty Contract Requirements.
Section 325E.53 — Improper Licensing Practices.
Section 325E.54 — Investigation.
Section 325E.56 — Remedies Cumulative.
Section 325E.59 — Use Of Social Security Numbers.
Section 325E.60 — Restroom Access.
Section 325E.61 — Data Warehouses; Notice Required For Certain Disclosures.
Section 325E.63 — Credit Issued To Minors.
Section 325E.64 — Access Devices; Breach Of Security.
Section 325E.65 — Sale Of American Flags.
Section 325E.66 — Insurance Claims For Residential Contracting Goods And Services.