Limitation on Athlete Agents

C.R.S. tit. 23, art. 16
in effect

C.R.S. § 23-16-101 Legislative declaration

23-16-101. Legislative declaration. The general assembly hereby finds that dishonest or unscrupulous practices by athlete agents who solicit representation of student athletes can cause significant harm to student athletes and to the institutions of higher education for which they play. It is the general assembly's intent to protect the interests of student athletes and institutions of higher education by limiting the contacts between athlete agents and student athletes and by setting requirements for contracts entered into between athlete agents and student athletes.

C.R.S. § 23-16-102 Definitions

23-16-102. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Agent contract" means any contract or agreement in which a student athlete authorizes or empowers, or agrees to authorize or empower at some later date, an athlete agent to negotiate or solicit any professional sport services contract or marketing endorsement contract on behalf of the student athlete regardless of whether the athlete agent is entitled to compensation under the contract or agreement. (2) "Athlete agent" means a person who, directly or indirectly, recruits or solicits a student athlete to enter into an agent contract, or who, for any type of financial gain, procures, offers, promises, or attempts to obtain employment or promotional fees or benefits for a student athlete with a professional sports team or as a professional athlete or with any promoter who markets or attempts to market the student athlete's athletic ability or athletic reputation. (3) Repealed. (4) "Governing board" means the governing body of a state-supported institution of higher education. (5) "Institution" means any state-supported institution of higher education operating in this state and any nonpublic institution of higher education, as defined in section 23-3.7-102 (3), operating in this state. (6) "Student athlete" means any individual who is enrolled as a student at an institution and has either submitted a written letter of intent to or is eligible to and does participate in any intercollegiate sporting event, contest, exhibition, or program.

C.R.S. § 23-16-103 Contact with student athletes prohibited

23-16-103. Contact with student athletes prohibited. (Repealed)

C.R.S. § 23-16-104 Agent contracts - contents - notice - termination

23-16-104. Agent contracts - contents - notice - termination. (1) In addition to the requirements specified in section 23-16-209 for contracts with athlete agents, any agent contract entered into between an athlete agent and a student athlete shall also include: (a) and (b) (Deleted by amendment, L. 2008, p. 1015, § 4, effective July 1, 2008.) (c) Any guarantees provided by the athlete agent to the student athlete; (d) In addition to the warning required to be given to the student athlete as specified in section 23-16-209 (c), the following statement in at least ten-point type that is bold-faced, capitalized, underlined, or otherwise conspicuously set out from surrounding written material: WARNING TO STUDENT ATHLETE: DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT OR IF IT CONTAINS BLANK SPACES. DO NOT SIGN THIS CONTRACT IF IT DOES NOT SPECIFY ALL OF THE GUARANTEES MADE TO YOU BY THE ATHLETE AGENT. IF YOU DECIDE THAT YOU DO NOT WISH TO PURCHASE THE SERVICES OF THE ATHLETE AGENT, YOU MAY CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING OF YOUR DESIRE TO CANCEL THE CONTRACT WITHIN FOURTEEN DAYS AFTER THE DATE ON WHICH YOU SIGN THIS CONTRACT. (2) to (4) (Deleted by amendment, L. 2008, p. 1015, § 4, effective July 1, 2008.)

C.R.S. § 23-16-105 Exceptions - written materials - student-initiated contacts

23-16-105. Exceptions - written materials - student-initiated contacts. (Repealed)

C.R.S. § 23-16-106 Athlete agent interviews - scheduling - rules

23-16-106. Athlete agent interviews - scheduling - rules. Each institution that participates in intercollegiate athletics may sponsor on-campus athlete agent interviews at which an athlete agent may interview student athletes to discuss the athlete agent's representation of the student athletes in the marketing of the student athletes' athletic ability or reputation. The governing board of the institution or the institution may adopt rules with regard to the scheduling of interview periods, the duration of each interview period, and locations on campus where interviews may be conducted. Nothing in this section prohibits a student athlete and an athlete advisor, as defined in section 23-16-301 (1)(b), from meeting at a time and place other than an on-campus athlete agent interview that is sponsored by an institution pursuant to this section.

C.R.S. § 23-16-107 Compliance coordinator - duties

23-16-107. Compliance coordinator - duties. (1) Each institution or governing board shall designate an individual to serve as compliance coordinator for the institution or for each institution under the governing board's management. The compliance coordinator shall ensure the compliance of the institution and its athletes and students with the provisions of this part 1 and the rules adopted by the governing board or institution. (2) If an institution chooses to sponsor on-campus athlete agent interviews as provided in section 23-16-106, the compliance coordinator shall organize the athlete interview schedule. The compliance coordinator shall provide appropriate public notice of the interview period at least thirty days before the date the interview period is scheduled to begin. On receipt of a written request, the compliance coordinator shall provide an athlete agent with a copy of the rules adopted by the governing board or institution pursuant to section 23-16-106.

C.R.S. § 23-16-108 Violations - penalties - civil suit

23-16-108. Violations - penalties - civil suit. (Repealed)

C.R.S. § 23-16-201 Short title

23-16-201. Short title. This part 2 may be cited as the "Uniform Athlete Agents Act".

C.R.S. § 23-16-202 Definitions

23-16-202. Definitions. In this part 2: (1) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional-sports-services contract or an endorsement contract. (2) "Athlete agent" means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or 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 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. (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) Repealed. (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, or government; a governmental subdivision, agency, or instrumentality; a public corporation; 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) Repealed. (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 who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport.

C.R.S. § 23-16-203 Service of process - subpoenas

23-16-203. Service of process - subpoenas. (a) At all times while acting as an athlete agent in this state, a nonresident individual shall continuously maintain in this state a registered agent. The registered agent shall be: (1) An individual who is eighteen years of age or older and whose primary residence or usual place of business is in this state; (2) A domestic entity having a usual place of business in this state; or (3) A foreign entity authorized to transact business or conduct activities in this state that has a usual place of business in this state. (b) The registered agent of the nonresident individual is an agent of the individual authorized to receive service of any process, notice, or demand required or permitted by law to be served on the individual in any civil action in this state related to an individual acting as an athlete agent. (c) If a nonresident individual acting as an athlete agent in this state who is required to maintain a registered agent pursuant to this part 2 has no registered agent, or if the registered agent is not located under its registered agent name at its registered agent address, or if the registered agent cannot with reasonable diligence be served, the nonresident individual acting as an athlete agent in this state may be served by registered mail or by certified mail, return receipt requested, addressed to the nonresident athlete agent at his or her principal office address. Service is perfected under this subsection (c) at the earliest of: (1) The date the nonresident athlete agent receives the process, notice, or demand; (2) The date shown on the return receipt, if signed on behalf of the nonresident athlete agent; or (3) Five days after mailing. (d) This section does not prescribe the only means, or necessarily the required means, of serving a nonresident athlete agent in this state.

C.R.S. § 23-16-204 Athlete agents - registration required - void contracts

23-16-204. Athlete agents - registration required - void contracts. (Repealed)

C.R.S. § 23-16-205 Registration as athlete agent - form - requirements

23-16-205. Registration as athlete agent - form - requirements. (Repealed)

C.R.S. § 23-16-206 Certificate of registration - issuance or denial - renewal

23-16-206. Certificate of registration - issuance or denial - renewal. (Repealed)

C.R.S. § 23-16-207 Suspension, revocation, or refusal to renew registration - disciplinary action against registration - cease-and-desist orders - immunity

23-16-207. Suspension, revocation, or refusal to renew registration - disciplinary action against registration - cease-and-desist orders - immunity. (Repealed)

C.R.S. § 23-16-208 Registration and renewal fees

23-16-208. Registration and renewal fees. (Repealed)

C.R.S. § 23-16-209 Required form of contract

23-16-209. Required form of contract. (a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (2) The name of any person who will be compensated because the student athlete signed the agency contract; (3) A description of any expenses that the student athlete agrees to reimburse; (4) A description of the services to be provided to the student athlete; (5) The duration of the contract; (6) The date of execution; and (7) The requirements for contracts with student athletes as specified in section 23-16-104. (c) An agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating: WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY. (d) An agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. (e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.

C.R.S. § 23-16-210 Notice to educational institution

23-16-210. Notice to educational institution. (a) Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (b) Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract.

C.R.S. § 23-16-211 Student athlete's right to cancel

23-16-211. Student athlete's right to cancel. (a) A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed. (b) A student athlete may not waive the right to cancel an agency contract. (c) If a student athlete cancels an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.

C.R.S. § 23-16-212 Required records

23-16-212. Required records. (a) An athlete agent shall retain the following records for a period of five years: (1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract. (b) Repealed.

C.R.S. § 23-16-213 Prohibited conduct

23-16-213. Prohibited conduct. (a) An athlete agent, with the intent to induce a student athlete to enter into an agency contract, may not: (1) Give any materially false or misleading information or make a materially false promise or representation; (2) Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or (3) Furnish anything of value to any individual other than the student athlete or another athlete agent. (b) An athlete agent may not intentionally: (1) (Deleted by amendment, L. 2010, (HB 10-1128), ch. 172, p. 623, § 25, effective April 29, 2010.) (2) Refuse or fail to retain or permit inspection of the records required to be retained by section 23-16-212; (3) and (4) (Deleted by amendment, L. 2010, (HB 10-1128), ch. 172, p. 623, § 25, effective April 29, 2010.) (5) Predate or postdate an agency contract; or (6) Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract 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.R.S. § 23-16-214 Criminal penalties

23-16-214. Criminal penalties. An athlete agent who violates section 23-16-213 is guilty of a class 2 misdemeanor, as provided in section 18-1.3-501.

C.R.S. § 23-16-215 Civil remedies - temporary restraining orders - injunctions

23-16-215. Civil remedies - temporary restraining orders - injunctions. (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 part 2. In an action under this section, the court may award to the prevailing party costs and reasonable attorney fees. (b) Damages of 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 part 2 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 part 2 does not restrict rights, remedies, or defenses of any person under law or equity. (f) The attorney general or the district attorney of the judicial district in which the educational institution is located, on receipt of a complaint or on his or her initiative, may investigate any alleged violation of this part 2. Following an investigation, if the attorney general or district attorney has reasonable cause to believe that any individual has violated or is violating any provision of this part 2, the attorney general or district attorney may bring an action to obtain a temporary restraining order, preliminary injunction, or permanent injunction to restrain or prevent the violation. If the attorney general or district attorney shows, by a preponderance of the evidence, that an individual has violated or is violating any provision of this part 2, the court may issue a temporary restraining order, preliminary injunction, or permanent injunction to restrain or prevent the violation. No action may be brought by the attorney general or the district attorney under this section more than four years after the occurrence of the violation.

C.R.S. § 23-16-216 Civil penalty

23-16-216. Civil penalty. On motion of the attorney general or the district attorney, the court may impose a civil penalty of not more than twenty-five thousand dollars for a violation of this part 2. Moneys collected under this section shall be transmitted to the state treasurer and credited to the general fund.

C.R.S. § 23-16-217 Uniformity of application and construction

23-16-217. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

C.R.S. § 23-16-218 Electronic signatures in global and national commerce act

23-16-218. Electronic signatures in global and national commerce act. The provisions of this part 2 governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the "Electronic Signatures in Global and National Commerce Act", Pub.L. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the "Electronic Signatures in Global and National Commerce Act".

C.R.S. § 23-16-219 Severability

23-16-219. Severability. If any provision of this part 2 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this part 2 that can be given effect without the invalid provision or application, and to this end, the provisions of this part 2 are severable.

C.R.S. § 23-16-301 Compensation and representation of student athletes at institutions of higher education - prohibited acts - contracts - definitions

23-16-301. Compensation and representation of student athletes at institutions of higher education - prohibited acts - contracts - definitions. (1) As used in this part 3, unless the context otherwise requires: (a) "Advisory contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit, on behalf of the student athlete, compensation from the use of the student athlete's name, image, or likeness. The term: (I) Does not include a professional-sports-services contract, as defined in section 23-16-202 (9); and (II) Includes an endorsement contract, as defined in section 23-16-202 (6), if the endorsement contract provides for a student athlete to receive compensation from the use of the student's name, image, or likeness. (b) "Athlete advisor" means a person who enters into an advisory contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an advisory contract. The term includes an individual who represents to the public that the individual is an athlete advisor. The term does not include a spouse, parent, sibling, grandparent, or guardian of a student athlete. (c) "Athletic association" means an athletic association, conference, or other group or organization with authority over intercollegiate athletics. The term includes the National Collegiate Athletic Association or any successor organization. (d) "Compensation": (I) Means money or other remuneration or thing of value given to a student athlete in exchange for the use of the student athlete's name, image, or likeness; and (II) Does not include a scholarship from the institution at which a student athlete is enrolled that provides the student athlete all or a portion of the cost of attendance at that institution. (e) "Institution" means a public or private institution of higher education in Colorado. (f) "Student" means an individual who is enrolled at an institution. (g) "Student athlete" means a student who competes in intercollegiate athletics for an institution at which the student is enrolled. (h) "Team contract" means a contract between an institution and another entity or between an intercollegiate athletic team of an institution and another entity, which contract relates to the activities of an athletic team of the institution. (2) (a) Except as may be required by the rules or requirements of an athletic association of which an institution is a member, an institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student athlete of the institution from earning compensation from the use of the student athlete's name, image, or likeness. A student athlete's earning of such compensation does not affect the student athlete's scholarship eligibility. (b) An athletic association shall not: (I) Prevent a student athlete from earning compensation from the use of the student athlete's name, image, or likeness; or (II) Prevent an institution from participating in intercollegiate athletics because a student athlete receives compensation from the use of the student athlete's name, image, or likeness. (c) Neither an institution nor an athletic association shall: (I) Provide compensation to a current or prospective student athlete; (II) Provide remuneration to a prospective student athlete for the prospective student athlete's athletic ability or performance or potential athletic ability or performance; or (III) Prevent a student athlete from obtaining professional representation in relation to contracts or legal matters, including representation provided by an athlete advisor and legal representation provided by an attorney. I) Provide remuneration to a prospective student athlete for the prospective student athlete's athletic ability or performance or potential athletic ability or performance; or (III) Prevent a student athlete from obtaining professional representation in relation to contracts or legal matters, including representation provided by an athlete advisor and legal representation provided by an attorney. (d) An institution may identify, create, solicit, facilitate, and otherwise enable opportunities for a student athlete to earn compensation for the use of the student athlete's name, image, or likeness so long as the institution first acquires the consent of the student athlete to do so. An institution that solicits such an opportunity for a student athlete shall inform the student athlete of the solicitation within seventy-two hours after the solicitation. (3) (a) A student athlete shall not enter into a contract providing compensation to the student athlete if the contract conflicts with a team contract of the team for which the student athlete competes. (b) A student athlete who enters into a contract providing compensation to the student athlete in exchange for the use of the student athlete's name, image, or likeness shall disclose the contract to the athletic director of the student athlete's institution within seventy-two hours after the student athlete enters into the contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, as supported by the institution's policy. (c) An institution asserting a conflict described in subsection (3)(a) of this section shall disclose to the student athlete or to the student athlete's professional or legal representation the relevant contractual provisions that are in conflict. (d) A team contract of an institution's athletic program entered into, modified, or renewed on or after January 1, 2023, may not prohibit a student athlete from using the student athlete's name, image, or likeness for a commercial purpose when the student athlete is not engaged in official team activities. (4) Any person providing legal representation to a student athlete must be a licensed attorney. (5) For the purposes of this section, an institution shall not revoke a student athlete's scholarship because the student athlete receives compensation or obtains professional or legal representation as described in this section. (5.5) A charitable organization that is not an institution and that qualifies as an exempt organization under 26 U.S.C. sec. 501 (c)(3), as it existed on the effective date of this subsection (5.5), may compensate a student athlete for the use of the student athlete's name, image, or likeness. (6) (a) A policy of an institution or an athletic association that does not comport with this part 3 is void and unenforceable. (b) A student athlete who is aggrieved by an action taken by an institution or an athletic association in violation of this part 3 may bring an action for injunctive relief.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-23.docxFetched: 10/6/2026
C.R.S. tit. 23, art. 16 — Limitation on Athlete Agents | Colorado Revised Statutes (2024 edition) — Colorado | Corpus