<section number="53H-6-201"><effdate>10/14/2025</effdate><histories><history>Renumbered and Amended by Chapter <modchap sess="2025S1">8</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53H-6-201(1)">"Athlete agent" means the same as that term is defined in Section <xref depth="3" refnumber="58-87-102">58-87-102</xref>.</subsection><subsection number="53H-6-201(2)">"Athletic entity" means an athletic association, athletic conference, or other group or organization with authority over intercollegiate athletics.</subsection><subsection number="53H-6-201(3)"><subsection number="53H-6-201(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.</subsection><subsection number="53H-6-201(3)(b)">"Institutional marketing associate" does not include:<subsection number="53H-6-201(3)(b)(i)">an institution;</subsection><subsection number="53H-6-201(3)(b)(ii)">an athletic entity; or</subsection><subsection number="53H-6-201(3)(b)(iii)">a staff member, employee, officer, director, manager, or owner of an institution.</subsection></subsection></subsection><subsection number="53H-6-201(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.</subsection><subsection number="53H-6-201(5)">"Prohibited endorsement provision" means a provision that requires or permits the use of a student athlete's name, image, or likeness to promote:<subsection number="53H-6-201(5)(a)">a tobacco product or electronic cigarette, as those terms are defined in Section <xref depth="3" refnumber="76-9-1101">76-9-1101</xref>, including vaping;</subsection><subsection number="53H-6-201(5)(b)">an alcoholic product, as that term is defined in Section <xref depth="3" refnumber="32B-1-102">32B-1-102</xref>;</subsection><subsection number="53H-6-201(5)(c)">a seller or dispenser of a controlled substance, including steroids, antibiotics, and marijuana;</subsection><subsection number="53H-6-201(5)(d)">gambling or betting;</subsection><subsection number="53H-6-201(5)(e)">a sexually oriented business, as that term is defined in Section <xref depth="3" refnumber="17-50-331">17-50-331</xref>; or</subsection><subsection number="53H-6-201(5)(f)">a firearm that the student athlete cannot legally purchase.</subsection></subsection><subsection number="53H-6-201(6)"><subsection number="53H-6-201(6)(a)">"Student athlete" means an individual who:<subsection number="53H-6-201(6)(a)(i)">is enrolled in an institution; and</subsection><subsection number="53H-6-201(6)(a)(ii)">participates as an athlete for the institution in an intercollegiate athletics program.</subsection></subsection><subsection number="53H-6-201(6)(b)">"Student athlete" includes an agent or other representative of a student athlete.</subsection></subsection><subsection number="53H-6-201(7)">"Student athlete agreement" means a proposed or executed contract:<subsection number="53H-6-201(7)(a)">between a student athlete and another party; and</subsection><subsection number="53H-6-201(7)(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.</subsection></subsection><subsection number="53H-6-201(8)">"Third-party entity" means an individual or organization, other than an athletic entity, with authority over intercollegiate athletics.</subsection></section>