53H-6-201. Definitions.

352 words·~2 min read·/ut/title-53h/chapter-6/53h-6-201·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/14/2025

As used in this part:

(1)"Athlete agent" means the same as that term is defined in Section 58-87-102 .

(2)"Athletic entity" means an athletic association, athletic conference, or other group or organization with authority over intercollegiate athletics.

(a)"Institutional marketing associate" means a third-party entity that enters into a contract with, or acts on behalf of, an institution or intercollegiate athletics program.

(b)"Institutional marketing associate" does not include:

(i)an institution;

(ii)an athletic entity; or

(iii)a staff member, employee, officer, director, manager, or owner of an institution.

(4)"Intercollegiate athletics program" means an institution-sponsored athletic program or sporting activity in which a student athlete represents the student athlete's institution in competition against another institution.

(5)"Prohibited endorsement provision" means a provision that requires or permits the use of a student athlete's name, image, or likeness to promote:

(a)a tobacco product or electronic cigarette, as those terms are defined in Section 76-9-1101 , including vaping;

(b)an alcoholic product, as that term is defined in Section 32B-1-102 ;

(c)a seller or dispenser of a controlled substance, including steroids, antibiotics, and marijuana;

(d)gambling or betting;

(e)a sexually oriented business, as that term is defined in Section 17-50-331 ; or

(f)a firearm that the student athlete cannot legally purchase.

(a)"Student athlete" means an individual who:

(i)is enrolled in an institution; and

(ii)participates as an athlete for the institution in an intercollegiate athletics program.

(b)"Student athlete" includes an agent or other representative of a student athlete.

(7)"Student athlete agreement" means a proposed or executed contract:

(a)between a student athlete and another party; and

(b)in which the student athlete and other party agree that the student athlete's name, image, or likeness may be used to promote a business, person, product, service, or individual in exchange for the student athlete receiving financial compensation or other benefits.

(8)"Third-party entity" means an individual or organization, other than an athletic entity, with authority over intercollegiate athletics.

Renumbered and Amended by Chapter 8 , 2025 Special Session 1