A. An educational institution has a right of action against an athlete agent for damages caused by a violation of the provisions of the Uniform Athlete Agents Act. In an action pursuant to this section, the court may award to the prevailing party costs and reasonable attorney fees.
B. Damages of an educational institution pursuant to Subsection A of this section include losses and expenses incurred because, as a result of the conduct of an athlete agent, the educational institution was injured by a violation of the Uniform Athlete Agents Act or was penalized, disqualified or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
C. A right of action pursuant to this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent.
D. The Uniform Athlete Agents Act does not restrict rights, remedies or defenses of any person under law or equity.
History: Laws 2009, ch. 169, § 16.
Effective dates. — Laws 2009, ch. 169, § 21 made the Uniform Athlete Agents Act effective July 1, 2009.
Severability. — Laws 2009, ch. 169, § 20 provided that if any provision of the Uniform Athlete Agents Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 14F - Uniform Athlete Agents
Section 61-14F-1 - Short title.
Section 61-14F-2 - Definitions.
Section 61-14F-3 - Service of process; subpoenas.
Section 61-14F-4 - Athlete agents; registration required; void contracts.
Section 61-14F-5 - Registration as athlete agent; form; requirements.
Section 61-14F-6 - Certificate of registration; issuance or denial; renewal.
Section 61-14F-7 - Suspension, revocation or refusal to renew registration.
Section 61-14F-8 - Temporary registration.
Section 61-14F-9 - Registration and renewal fees.
Section 61-14F-10 - Required form of contract.
Section 61-14F-11 - Notice to educational institution.
Section 61-14F-12 - Student athlete's right to cancel.
Section 61-14F-13 - Required records.
Section 61-14F-14 - Prohibited conduct.
Section 61-14F-15 - Criminal penalties.
Section 61-14F-16 - Civil remedies.
Section 61-14F-17 - Administrative penalty.
Section 61-14F-18 - Uniformity of application and construction.
Section 61-14F-19 - Federal Electronic Signatures in Global and National Commerce Act.