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.