Oregon Revised Statutes Chapter 702 § 702.005 — Definitions

Definitions. As used in ORS 702.005 to 702.065, 702.200, 702.205, 702.991 and 702.994: (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 athl