Ind. Code ch. 25-5.2-2

in effect

Ind. Code § 25-5.2-2-1 Service of process

Sec. 1. (a) By acting as an athlete agent in Indiana, a nonresident individual appoints the attorney general as the individual's agent for service of process in any civil action in Indiana related to the individual's acting as an athlete agent in Indiana. (b) The attorney general may issue subpoenas for any material that is relevant to the administration of this article. As added by P.L.54-2001, SEC.5.

Ind. Code § 25-5.2-2-2 Certificate of registration

Sec. 2. (a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in Indiana without holding a certificate of registration under section 4 or 6 of this chapter. (b) Before being issued a certificate of registration, an individual may act as an athlete agent in Indiana for all purposes except signing an agency contract, if: (1) a student athlete or another person acting on behalf of the student athlete initiates contact with the individual; and (2) not later than seven (7) days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in Indiana. (c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract. As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.3.

Ind. Code § 25-5.2-2-3 Application for registration; agents licensed in other states

Sec. 3. (a) An applicant for registration as an athlete agent shall submit an application for registration to the attorney general in a form prescribed by the attorney general. An application filed under this section is a public record under IC 5-14-3. The applicant must be an individual and, except as otherwise provided in subsection (b), the application must be signed or otherwise authenticated by the applicant under penalty of perjury and contain the following information: (1) The name and date of birth of the applicant and: (A) the address of the applicant's principal place of business; (B) the applicant's work and mobile telephone numbers; and (C) information concerning any means of communicating electronically with the applicant, including: (i) a facsimile number; (ii) an electronic mail address; and (iii) a personal, business, or employer hosted Internet web site address; as applicable. (2) The name of the applicant's business or employer, if applicable, including for each business or employer, the mailing address, telephone number, organization form, and the nature of the business. (3) Each social media account with which the applicant or applicant's business or employer is affiliated. (4) Any business or occupation engaged in by the applicant for the five (5) years immediately preceding the date of submission of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time. (5) A description of the applicant's: (A) formal training as an athlete agent; (B) practical experience as an athlete agent; and (C) educational background relating to the applicant's activities as an athlete agent. (6) The names and addresses of three (3) individuals not related to the applicant who are willing to serve as references. (7) The name, sport, and last known team for each individual, or, if the individual is a minor, the name of the parent or guardian of the minor, for whom the applicant acted as an athlete agent during the five (5) years immediately preceding the date of submission of the application. (8) The names and addresses of all persons who are: (A) with respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business or a person who directly or indirectly holds an equity interest of five percent (5%) or greater of the athlete's business; and (B) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent (5%) or greater. (9) Whether the applicant or any person named in subdivision (8) has been convicted of a crime that, if committed in Indiana, would be a crime involving moral turpitude or a felony, and identify: (A) the crime; (B) the law enforcement agency involved; and (C) if applicable, the date of the conviction and the fine or penalty imposed. (10) A description of the status of any application by the applicant, or any person named in subdivision (8), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license. (11) Whether, during the fifteen (15) years preceding the date of application, the applicant or any person named in subdivision (8) has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding. (12) Whether the applicant or any person named in subdivision (8) has an unsatisfied judgment or a judgment of continuing effect, including a domestic order concerning child support, which is not current at the date of application. (13) Whether, during the ten (10) years preceding the date of application, the applicant or any person named in subdivision (8) was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt. (14) Whether there has been any administrative or judicial determination that the applicant or any person named in subdivision (8) has made a false, misleading, deceptive, or fraudulent representation. (15) A description of any instance in which the conduct of the applicant or any person named in subdivision (8) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution. (16) A description of any sanction, suspension, or disciplinary action taken against the applicant or any person named in subdivision (8) arising out of occupational or professional conduct. (17) Whether there has been any denial of an application for, suspension or revocation of, refusal to renew, or abandonment of the registration or licensure of the applicant or any person named in subdivision (8) as an athlete agent in any state. (18) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent. (19) If the applicant is certified or registered by a professional league or players association: (A) the name of the league or association; (B) the date of certification or registration, and the date of expiration of the certificate or registration, if any; and (C) if applicable, the date of any denial or an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of the certification or registration or any reprimand or censure related to the certification or registration. (20) Any additional information required by the attorney general. (b) An individual who has submitted an application for and holds a certificate of registration or licensure as an athlete agent in another state may submit: (1) a copy of the application and certificate; and (2) a statement that identifies any material change in the information on the application or verifies that there is no material change in the information, signed under penalty of perjury; instead of submitting an application in the form prescribed under subsection (a). (c) The attorney general shall accept the application and the certificate from the other state described in subsection (b) as an application for registration in Indiana if: (1) the application to the other state was submitted in the other state within six (6) months immediately preceding the submission of the application in Indiana and the applicant certifies that the information contained in the application is current; (2) the application to the other state contains information substantially similar to or more restrictive than that required in an application submitted in Indiana; (3) the registration has not been revoked or suspended and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state; and (4) the application to the other state was signed by the applicant under penalty of perjury. (d) For purposes of implementing subsection (b), the attorney general shall: (1) cooperate with national organizations concerned with athlete agent issues and agencies in other states that register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this article; and (2) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies described in subdivision (1). As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.4.

Ind. Code § 25-5.2-2-4 Issuance of certificate of registration; renewal of registration

Sec. 4. (a) Except as otherwise provided in subsection (b), the attorney general shall issue a certificate of registration to an individual who complies with the requirements of section 3(a) of this chapter or whose application has been accepted under section 3(b) of this chapter. (b) The attorney general may refuse to issue a certificate of registration if the attorney general determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the attorney general may consider whether any of the following apply to the applicant: (1) The applicant has been convicted of a crime that, if committed in Indiana, would be a crime involving moral turpitude or a felony. (2) The applicant made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent. (3) The applicant has engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity. (4) The applicant has engaged in conduct prohibited by section 12 of this chapter. (5) The applicant has had a registration or a license as an athlete agent suspended, revoked, or denied or been refused renewal of a registration or a license as an athlete agent in any state. (6) The applicant has engaged in conduct the consequences of which were that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution. (7) The applicant has engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity. (c) In making a determination under subsection (b), the attorney general shall consider the following: (1) How recently the conduct occurred. (2) The nature of the conduct and the context in which it occurred. (3) Any other relevant conduct of the applicant. (d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the attorney general. An application filed under this subsection is a public record under IC 5-14-3. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required by section 3(a) of this chapter for an original registration. (e) An individual who has submitted an application for renewal of a registration or a license in another state, instead of submitting an application for renewal in the form prescribed under subsection (d), may file a copy of the application for renewal and a valid certificate of registration or a valid license from the other state. The attorney general shall accept the application for renewal from the other state as an application for renewal in Indiana if the application to the other state: (1) was submitted in the other state within six (6) months immediately preceding the filing in Indiana and the applicant certifies that the information contained in the application for renewal is current; (2) contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in Indiana; and (3) was signed by the applicant under penalty of perjury. (f) A certificate of registration or a renewal of a registration is valid for two (2) years. As added by P.L.54-2001, SEC.5.

Ind. Code § 25-5.2-2-5 Suspension, revocation, or refusal to renew certificate of registration

Sec. 5. (a) The attorney general may suspend, revoke, or refuse to renew a certificate of registration for conduct that would have justified denial of registration under section 4(b) of this chapter. (b) The attorney general may deny, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing under IC 4-21.5. As added by P.L.54-2001, SEC.5.

Ind. Code § 25-5.2-2-6 Temporary certificate of registration

Sec. 6. The attorney general may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. As added by P.L.54-2001, SEC.5.

Ind. Code § 25-5.2-2-7 Fee for renewal of registration

Sec. 7. A fee established by the attorney general in accordance with IC 25-1-8-2 must accompany an application for registration or renewal of registration. As added by P.L.54-2001, SEC.5.

Ind. Code § 25-5.2-2-8 Agency contracts

Sec. 8. (a) An agency contract must be in a record, signed or otherwise authenticated by the parties. (b) An agency contract must contain the following: (1) A statement that the athlete agent is registered as an athlete agent in Indiana and a list of any other states in which the agent is registered as an athlete agent. (2) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services. (3) The name of any person not listed in the agent's application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract. (4) A description of any expenses that the athlete agrees to reimburse. (5) A description of the services to be provided to the athlete. (6) The duration of the contract. (7) The date of execution. (c) Subject to subsection (g), an agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating: WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, NOT LATER THAN SEVENTY-TWO (72) HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN (14) DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT. (d) An agency contract must be accompanied by a separate record signed by the student athlete, or, if the athlete is a minor, the parent or guardian of the athlete, acknowledging that signing the contract may result in the loss of the athlete's eligibility to participate in the athlete's sport. (e) An agency contract that does not conform to this section is voidable by the student athlete, or if the student is a minor, the parent or guardian of the student. If a student athlete, or the parent or guardian of the student, voids an agency contract, the student athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. (f) At the time an agency contract is executed, the athlete agent shall give a record of the signed or otherwise authenticated agency contract, and the separate acknowledgment under subsection (d), to the student athlete, or, if the athlete is a minor, the parent or guardian of the athlete, at the time of execution. (g) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection (c) must be revised accordingly. As added by P.L.54-2001, SEC.5. Amended by P.L.158-2013, SEC.279; P.L.95-2019, SEC.5.

Ind. Code § 25-5.2-2-9 Agency contracts; student athletes

Sec. 9. (a) As used in this section, "communicate or attempt to communicate" means contact or attempt to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message. (b) Not later than seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give in a record notice of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (c) Not later than seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled or intends to enroll that the athlete has entered into an agency contract and of the name and contact information of the athlete agent. (d) If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than seventy-two (72) hours after the agent knew or should have known the athlete enrolled. (e) If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the educational institution of the relationship not later than ten (10) days after the enrollment if the agent knows or should have known of the enrollment and: (1) the relationship was motivated in whole or in part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or (2) the agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment. (f) An athlete agency shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with: (1) the athlete, or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or (2) another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete, to enter into an agency contract. (g) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than ten (10) days after the communication or attempt. (h) An educational institution that becomes aware of a violation of this article by an athlete agent shall notify: (1) the attorney general; and (2) any professional league or players association with which the institution is aware the agent is licensed or registered; of the violation. As added by P.L.54-2001, SEC.5. Amended by P.L.158-2013, SEC.280; P.L.95-2019, SEC.6.

Ind. Code § 25-5.2-2-10 Cancellation of agency contract

Sec. 10. (a) A student athlete, or, if the athlete is a minor, the parent or guardian of the athlete, may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen (14) days after the contract is signed. (b) A student athlete, or, if the athlete is a minor, the parent or guardian of the athlete, may not waive the right to cancel an agency contract. (c) If a student athlete, parent, or guardian cancels an agency contract, the student athlete, parent, or guardian is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to influence the student athlete to enter into the contract. As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.7.

Ind. Code § 25-5.2-2-11 Retention of records by athlete agents

Sec. 11. (a) An athlete agent shall retain the following records for a period of five (5) years: (1) The name and address of each individual represented by the athlete agent. (2) A copy of any agency contract entered into by the athlete agent. (3) A record of any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract. (b) Records required by subsection (a) to be retained are open to inspection by the attorney general during normal business hours. As added by P.L.54-2001, SEC.5.

Ind. Code § 25-5.2-2-12 Misconduct by athlete agent

Sec. 12. (a) Except as provided in subsection (c), an athlete agent who, with the intent to influence a student athlete, or, if the athlete is a minor, a parent or guardian of the athlete, to enter into an agency contract: (1) gives any materially false or misleading information or makes a materially false promise or representation; (2) furnishes anything of value to an athlete before the athlete enters into the agency contract; or (3) furnishes anything of value to any individual other than the athlete or another registered athlete agent; commits a Level 6 felony. An athlete agent who encourages an individual to take or assist in taking an action described in this subsection on behalf of the agent commits a Level 6 felony. (b) An athlete agent who intentionally: (1) initiates contact, directly or indirectly, with a student athlete, or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to enter an agency contract unless registered under this article; (2) refuses or fails to retain or permit inspection of the records required to be retained by section 11 of this chapter; (3) fails to register when required by section 2 of this chapter; (4) provides materially false or misleading information in an application for registration or renewal of registration; (5) predates or postdates an agency contract; or (6) fails to notify a student athlete, or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent, or guardian signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the athlete ineligible to participate as a student athlete in that sport; commits a Level 6 felony. An athlete agent who encourages another individual to take or assist in taking an action described in this subsection on behalf of the agent commits a Level 6 felony. (c) An athlete agent registered under this article who is certified as an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in the sport may pay expenses incurred before the signing of an agency contract by a student athlete, a family member of the student athlete, and an individual who is a member of a class of individuals authorized to receive payment for the expenses by the national association that certified the agent if the expenses are: (1) for the benefit of an athlete who is a member of a class of athletes authorized to receive the benefit by the national association that certified the agent; (2) of a type authorized to be paid by a certified agent by the national association that certified the agent; (3) for a purpose authorized by the national association that certified the agent; and (4) with respect to an athlete who is a high school student, allowed by the interscholastic association that determines eligibility for the athlete. As added by P.L.54-2001, SEC.5. Amended by P.L.158-2013, SEC.281; P.L.95-2019, SEC.8.

Ind. Code § 25-5.2-2-13 Rights of action

Sec. 13. (a) An educational institution or student athlete has a right of action against an athlete agent for damages if the institution or athlete is adversely affected by an act or omission of the agent in violation of this article. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution: (1) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or (2) suffers financial damage. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete. (b) A right of action under this section does not accrue until the student athlete or educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent. (c) Any liability of the athlete agent under this section is several and not joint. (d) This article does not restrict rights, remedies, or defenses of any person under law or equity. As added by P.L.54-2001, SEC.5. Amended by P.L.95-2019, SEC.9; P.L.156-2020, SEC.99.

Ind. Code § 25-5.2-2-14 Violations and penalties

Sec. 14. (a) A person who violates this article is subject to a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation, as determined by the court. All civil penalties recovered under this chapter shall be deposited in the state general fund. (b) In addition to the civil penalty imposed under subsection (a), the attorney general may restrict, suspend, or revoke a certificate of registration of an athlete agent for violation of this article. (c) The attorney general may institute and conduct an action in the name of the state of Indiana for any of the following: (1) An injunction in any circuit or superior court of Indiana for injunctive relief to restrain a person from continuing any activity that violates this article. (2) The assessment and recovery of the civil penalty provided in subsection (a). (d) The attorney general may present any evidence of a crime under section 12 of this chapter to any prosecuting attorney for initiation of criminal proceedings against the offender. The attorney general shall cooperate with the prosecuting attorney in the prosecution of the offense. As added by P.L.54-2001, SEC.5.

Ind. Code § 25-5.2-2-15 Uniform act

Sec. 15. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. As added by P.L.54-2001, SEC.5.

Ind. Code § 25-5.2-2-16 Electronic records or signatures

Sec. 16. The provisions of this article governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act. As added by P.L.54-2001, SEC.5.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/25Fetched: 10/17/2026