Ch. 421

2003 LAWS OF MARYLAND

FOR A PARTICULAR SPORT THAT THE SIGNING OR AUTHENTICATION MAY MAKE THE
STUDENT-ATHLETE INELIGIBLE TO PARTICIPATE AS A STUDENT-ATHLETE IN THAT
SPORT.

(C) AN ATHLETE AGENT MAY NOT SPLIT A FEE WITH OR RECEIVE
COMPENSATION FROM:

(1)      A PROFESSIONAL SPORTS LEAGUE;

(2)      A PROFESSIONAL SPORTS FRANCHISE;

(3)      A REPRESENTATIVE OR EMPLOYEE OF A PROFESSIONAL SPORTS
LEAGUE OR FRANCHISE; OR

(4)      AN EMPLOYEE OF AN EDUCATIONAL INSTITUTION IN THE STATE.
4-414.

AN ATHLETE AGENT WHO VIOLATES § 4-413 OF THIS SUBTITLE IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $10,000
OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

4-415.

(A)     (1) AN EDUCATIONAL INSTITUTION HAS A RIGHT OF ACTION AGAINST
AN ATHLETE AGENT OR A FORMER STUDENT-ATHLETE FOR DAMAGES CAUSED BY
VIOLATION OF THIS SUBTITLE.

(2) IN AN ACTION UNDER THIS SECTION, THE COURT MAY AWARD TO
THE PREVAILING PARTY COSTS AND REASONABLE ATTORNEYS FEES.

(B)     DAMAGES TO AN EDUCATIONAL INSTITUTION UNDER SUBSECTION (A) OF
THIS SECTION 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 SUBTITLE 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 SUBTITLE DOES NOT RESTRICT RIGHTS, REMEDIES, OR DEFENSES OF
ANY PERSON UNDER LAW OR EQUITY.

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