The State of Louisiana has amended its athlete agent law, bringing sweeping changes to the state’s legislation regulating athlete representatives. Particularly noteworthy, the legislation broadens the coverage of the state’s athlete agent law to include individuals acting as name, image, and likeness (NIL) agents for high school and college athletes.
The Old Louisiana Athlete Agent Law
Previously, the Louisiana law was limited to individuals negotiating employment contracts on behalf of an athlete with a professional sports team. This legislative change brings Louisiana into line with states which consider both professional sports player agents and NIL/marketing agents to be “athlete agents.” While the majority of states have adopted the Uniform Athlete Agents Act’s (UAAA) two-prong approach—which covers those negotiating professional sports playing contracts and endorsement contracts (i.e., NIL)—not all states have an athlete agent law and Louisiana was formerly one of the few states that had a law which only covered individuals negotiating professional sports playing contracts.
What Agents Need to Know
Agents representing Louisiana athletes in connection with endorsement contracts and NIL activities must become registered with the state no later than August 1, 2026, or cease acting as an athlete agent within Louisiana. Additionally, agents should revise their representation agreements for athletes within the state to meet the requirements of the new legislation. The legislation requires certain disclosures and information to be provided to the athlete within a representation agreement—failing to meet the contract form requirements of the state law would render an agency contract void and unenforceable.
Moreover, the new Louisiana legislation provides for more serious penalties for compliance failures: an athlete agent who violates the state’s athlete agent law may be fined up to $100,000, in addition to civil liability in actions brought by an athlete. Additionally, compliance failures can be charged as an unfair or deceptive trade practice, bringing additional potential liability to agents who do not meet the requirements of the new law.
Both professional sports player agents and NIL agents alike should consider working with counsel to review the requirements of state and federal athlete agent laws and ensure compliance with registration and contract form requirements.
Looking Forward
Notably, the most recent update to the UAAA came in 2019, prior to the beginning of NIL in college and high school sports. The change in Louisiana legislation brings the state’s law into the modern era and aligns it more closely with the contemporary landscape, where agents are signing athletes to representation contracts far sooner than before. While Louisiana is the first state to make a significant, substantive overhaul to its athlete agent law, many have speculated that other states may soon follow. Likewise, proposed federal NIL legislation may impact NIL agents as well. Although nothing has passed at the federal level to date, agents should continue to monitor potential developments and legislative changes.
Related Professionals
Joshua M. Frieser, Esq.
Principal Attorney, Frieser Legal
josh@frieserlegal.com | (414) 200-9199
Joshua M. Frieser, Esq. is a sports and business lawyer and Principal Attorney at Frieser Legal. His practice is focused on the representation of athletes, agents, and sports businesses. While working to solve the unique legal needs that they have, Josh represents athletes in regulatory affairs proceedings and NIL licensing agreements, as well as in related intellectual property and business planning matters. In addition to serving as counsel to college and professional athletes, Josh represents sports agents and sports industry ventures as outside counsel.