Delaware General Assembly

Passed 6/25/19

The General Assembly has ended, the current status is the final status.

HB 180 w/ HA 1

6/25/19

Longhurst

This amendment makes 5 changes to the original bill. First, it changes the percentage of the professional athlete’s future income or earnings permitted under each player brand agreement from 30% to 15%. However, the professional athlete may choose to receive less of an investment in exchange for a lower percentage of his future income or earnings. Second, it provides that the player brand agreement cannot require the professional athlete to share future income or earnings earned beyond the athlete’s professional career instead of 30 years. Third, it adds that player brand agreements cannot prohibit a professional athlete from disclosing the existence or terms of the agreement to the athlete’s agents, attorneys, financial advisors or sports league. Fourth, it preserves the athlete’s right to bring disputes that arise under a player brand agreement either through arbitration or a court of law. The agreement must also clearly identify that any arbitrator used must be named or selected in the agreement or be a member of the Delaware bar for at least 10 years. In addition, the agreement must identify the jurisdiction of the court of law that would preside over such disputes. Fifth, this amendment changes the civil penalty for a violation of the provisions of the chapter from up to $1,000 to up to $5,000. Finally, this amendment makes clear that that nothing in the chapter should be interpreted as a waiver of any rights, including the right to raise recognized contract defenses.

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