59-10-16. Civil remedies.
(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees.
(b) Damages of an educational institution under subsection (a) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this chapter 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 under 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 or former student-athlete.
(d) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.
(e) This chapter does not restrict rights, remedies, or defenses of any person under law or equity.
Source: SL 2006, ch 265, ยง16.
Structure South Dakota Codified Laws
Chapter 10 - Uniform Athlete Agents Act
Section 59-10-1 - Short title.
Section 59-10-2 - Definitions.
Section 59-10-3 - Service of process--Subpoenas.
Section 59-10-4 - Athlete agents--Registration required--Void contracts.
Section 59-10-5 - Registration as athlete agent--Form--Requirements.
Section 59-10-6 - Certificate of registration--Issuance or denial--Renewal.
Section 59-10-7 - Suspension, revocation, or refusal to renew registration.
Section 59-10-8 - Temporary registration.
Section 59-10-9 - Registration and renewal fees.
Section 59-10-10 - Required form of contract.
Section 59-10-11 - Notice to educational institution.
Section 59-10-12 - Student-athlete's right to cancel.
Section 59-10-13 - Required records.
Section 59-10-14 - Prohibited conduct.
Section 59-10-15 - Criminal penalties.
Section 59-10-16 - Civil remedies.
Section 59-10-17 - Administrative penalty.
Section 59-10-18 - Uniformity of application and construction.
Section 59-10-19 - Electronic Signatures in Global National Commerce Act.