Utah Code 53B-16-602. Use of a student athlete’s name, image, or likeness in intercollegiate athletics programs — Contracts — Exceptions — Prohibitions
Current as of: 2024 | Check for updates
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(1) A student athlete may not enter into a student athlete agreement that contains a prohibited endorsement provision.
Terms Used In Utah Code 53B-16-602
- Institution: means :(1)(a) an institution of higher education described in Section
53B-1-102 ; or(1)(b) a private, nonprofit institution of higher education. See Utah Code 53B-16-601- Prohibited endorsement provision: means a provision that requires or permits the use of a student athlete's name, image, or likeness to promote:
(3)(a) a tobacco product or e-cigarettes, as those terms are defined in Section76-10-101 , including vaping;(3)(b) an alcoholic product, as that term is defined in Section32B-1-102 ;(3)(c) a seller or dispenser of a controlled substance, including steroids, antibiotics, and marijuana;(3)(d) gambling or betting;(3)(e) a sexually oriented business, as that term is defined in Section17-50-331 ; or(3)(f) a firearm that the student athlete cannot legally purchase. See Utah Code 53B-16-601- Student athlete: includes an agent or other representative of a student athlete. See Utah Code 53B-16-601
- Student athlete agreement: means a proposed or executed contract:
(5)(a) between a student athlete and a third party that is not an institution; and(5)(b) in which the student athlete and third party agree that the student athlete's name, image, or likeness may be used to promote a business, product, service, or individual in exchange for the student athlete receiving financial compensation or other benefits. See Utah Code 53B-16-601(2) Before a student athlete or prospective student athlete enters into a student athlete agreement that exceeds $600 in value, the student athlete or proposed student athlete shall provide the student athlete agreement to the student athlete’s or proposed student athlete’s institution.(3) An institution that receives a student athlete agreement under Subsection (2) shall provide the student athlete or prospective student athlete with a written acknowledgment regarding whether the student athlete agreement conflicts with the institution’s policies or the provisions in this part.(4) A student athlete agreement or any communication, or other material related to a student athlete agreement, including those created before May 1, 2024, is not subject to Title 63G, Chapter 2, Government Records Access Management Act.(5) An institution may not use funds appropriated by the Legislature for any purpose related to a student athlete’s or prospective student athlete’s student athlete agreement that the student athlete or prospective student athlete submits to the institution. - Prohibited endorsement provision: means a provision that requires or permits the use of a student athlete's name, image, or likeness to promote: