Title 53H
Chapter 6
Part 2
Section 201
Effective 10/14/2025
53H-6-201.
Definitions.
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. |
| (3) |
| (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:
| (ii) | an athletic entity; or |
| (iii) | a staff member, employee, officer, director, manager, or owner of an institution. |
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| (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; |
| (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. |
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| (6) |
| (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. |
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| (b) | "Student athlete" includes an agent or other representative of a student athlete. |
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| (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. |
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| (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