Sec. 3. Protection of name, image, and likeness rights of student athletes
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/bill/119/hr/4312/rh/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No institution, conference, or interstate intercollegiate athletic association may restrict the ability of a student athlete to enter into a name, image, and likeness agreement. Paragraph
(1)does not apply with respect to a name, image, and likeness agreement to the extent such agreement provides prohibited compensation. Notwithstanding paragraph (1), an institution may restrict the ability of a student athlete of such institution (including a prospective student athlete who has agreed to attend such institution) to enter into a name, image, and likeness agreement that— violates the code of conduct of such institution; or conflicts with the terms of a contract or similar agreement to which such institution is a party. Except as provided by this Act, no institution, conference, or interstate intercollegiate athletic association may restrict the ability of a student athlete to obtain an agent. Except as provided by this Act, no institution, conference, or interstate intercollegiate athletic association may release information with respect to a name, image, and likeness agreement without the express written consent of any student athlete who is a party to such agreement. A name, image, and likeness agreement under which a student athlete is provided compensation in an amount greater than $600 shall be considered void from the inception of such agreement if such agreement does not satisfy the following: The agreement is in writing. The agreement contains the following: A description of any services to be rendered under the agreement. The names of the parties to the agreement. The term of the agreement. The amount of compensation to be provided to the student athlete under the agreement. A provision specifying the circumstances or events under which the agreement may be terminated due to non-performance of obligations by the student athlete. A provision specifying that the student athlete may terminate the agreement, notwithstanding any other term described in the agreement, beginning on the date that is 6 months after the date on which the student athlete is no longer enrolled at any institution. The signature of the student athlete or, if the student athlete is under the age of 18 years, the signature of the parent or guardian of the student athlete. In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of this section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— enjoin such act or practice; enforce compliance with this section; obtain damages, restitution, or other compensation on behalf of residents of the State; or obtain such other legal and equitable relief as the court may consider to be appropriate.