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17-16-116. Civil remedies.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-16-116. Civil remedies.
(a) With respect to any athlete agent who has had either a criminal or administrative penalty imposed against him or her under the Uniform Athlete Agents Act, § 17-16-101 et seq., as adopted by the State of Arkansas or any other State, in two (2) or more prior instances:
(1) an educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this subchapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees;
(2) damages of an educational institution under paragraph (1) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this subchapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization;
(3) a right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete; and
(4) any liability of the athlete agent or the former student-athlete under this section is several and not joint.
(b) This subchapter does not restrict rights, remedies, or defenses of any person under law or equity.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-16-116
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:17-16-116
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8d15d7feb8b69df34936a5ea47f75b78173a4951d217b07f5e2b53a3a249537d
Source location: content.xml paragraph 3280
Stored source content
17-16-116. Civil remedies.
(a) With respect to any athlete agent who has had either a criminal or administrative penalty imposed against him or her under the Uniform Athlete Agents Act, § 17-16-101 et seq., as adopted by the State of Arkansas or any other State, in two (2) or more prior instances:
(1) an educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this subchapter. In an action under this section, the court may award to the prevailing party costs and reasonable attorney's fees;
(2) damages of an educational institution under paragraph (1) include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this subchapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization;
(3) a right of action under this section does not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student-athlete; and
(4) any liability of the athlete agent or the former student-athlete under this section is several and not joint.
(b) This subchapter does not restrict rights, remedies, or defenses of any person under law or equity.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-16-101. Short title.
This subchapter may be cited as the Uniform Athlete Agents Act.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-16-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-16-101. This identifies an authority to review, not proof of applicability.