Sec. 2. Ability of student athletes to enter agency and endorsement contracts
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/bill/118/hr/3630/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered athletic organization or institution of higher education may not prohibit a student athlete from participating in intercollegiate athletics as a result of such student athlete entering into an agency contract or an endorsement contract, or otherwise receiving consideration for the name, image, or likeness of such student athlete. An agreement under which consideration is provided to a student athlete for use of the name, image, or likeness of the student athlete, including such an agreement between an institution of higher education and a student athlete, may not be negotiated, drafted, or funded by the athletic department of the institution of higher education of the student athlete or an institutional employee who reports to such athletic department.
A student athlete may be prohibited, by the institution of higher education of the student athlete, from wearing an item of clothing or gear with the insignia of an entity during an athletic competition or athletic-related event that is sponsored by the institution. A violation of subsection
(a)shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce subsection
(a)in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. Any person who violates such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. Nothing in this section may be construed to limit the authority of the Federal Trade Commission under any other provision of law.
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