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