Oregon Statutes 702.005 – Definitions
As used in ORS § 702.005 to 702.065, 702.200, 702.205, 702.991 and 702.994:
Terms Used In Oregon Statutes 702.005
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(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)(a) ‘Athlete agent’ means an individual who:
(A) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract; or
(B) For compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
(C) For compensation or in anticipation of compensation related to a student athlete’s participation in athletics:
(i) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or
(ii) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes;
(D) In anticipation of representing a student athlete for a purpose related to the athlete’s participation in athletics:
(i) Gives consideration to the athlete or another person;
(ii) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or
(iii) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes; or
(E) Is a licensed, registered or certified professional and offers or provides services to a student athlete customarily provided by members of the profession and the individual:
(i) Also recruits or solicits the athlete to enter into an agency contract;
(ii) Also, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or
(iii) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.
(b) ‘Athlete agent’ does not include an individual who:
(A) Acts solely on behalf of a professional sports team or organization;
(B) Is employed by, and acts solely on behalf of, a publicly traded corporation engaged in consumer brand marketing and seeking to negotiate an endorsement contract;
(C) Serves a student athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions and the individual is:
(i) An employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
(ii) A student of the educational institution participating in a clinic, studio, lab or other program created by the educational institution for educational, training or support purposes; or
(D) Is a licensed, registered or certified professional and offers or provides services to a student athlete customarily provided by members of the profession.
(3) ‘Athletic director’ means:
(a) 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;
(b) If the educational institution is a public or private elementary school or secondary school and the educational institution does not have a person responsible for administering the overall athletic program:
(A) The principal of the educational institution; or
(B) If the educational institution does not have a principal, the person designated by the governing body of the school district, education service district or charter school to manage the educational institution; or
(c) If the educational institution is a technical or vocational school, community college or university and the educational institution does not have a person responsible for administering the overall athletic program:
(A) The president of the educational institution; or
(B) If the educational institution does not have a president, the person designated by the governing body of the educational institution to manage the educational institution.
(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) ‘Educational institution’ means a public or private elementary school, secondary school, technical or vocational school, community college, university or other educational institution.
(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) ‘Enrolled’ means registered for courses and attending athletic practice or class.
(8) ‘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 that promotes or regulates collegiate athletics.
(9) ‘Interscholastic sport’ means a sport played between educational institutions that are not community colleges, colleges or universities.
(10) ‘Licensed, registered or certified professional’ means an individual who is licensed, registered or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant or accountant or a member of a profession, other than that of athlete agent, who is licensed, registered or certified by the state or a nationally recognized organization that licenses, registers or certifies members of the profession on the basis of experience, education or testing.
(11) ‘Person’ means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, business or nonprofit entity, joint venture, public body, as defined in ORS § 174.109, or any other legal or commercial entity.
(12) ‘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.
(13) ‘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.
(14)(a) ‘Recruit or solicit’ means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete.
(b) ‘Recruit or solicit’ does not include giving advice on the selection of a particular athlete agent in a family, coaching or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.
(15) ‘Registration’ means registration as an athlete agent pursuant to ORS § 702.005 to 702.065, 702.991 and 702.994.
(16) ‘Sign’ means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound or process.
(17) ‘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.
(18) ‘Student athlete’ means an individual who is eligible to attend an educational institution who engages in, is eligible to engage in or may be eligible in the future to engage in any interscholastic sport or intercollegiate sport. If an individual is permanently ineligible to participate in a particular interscholastic sport or intercollegiate sport, the individual is not a student athlete for purposes of that sport. [1999 c.1079 § 1; 2001 c.300 § 80; 2003 c.364 § 56; 2005 c.525 § 1; 2013 c.54 § 1; 2015 c.767 § 208; 2017 c.113 § 2; 2021 c.422 § 3; 2022 c.20 § 2]
[1971 c.771 § 1; 1973 c.832 61,61a; 1979 c.352 § 4; 1983 c.411 § 1; 1987 c.414 § 91a; 1987 c.456 § 7; repealed by 1995 c.386 § 1]