UNIVERSITY SIGNATURES MUST BE OBTAINED BEFORE THE EVENT TAKES PLACE

Transcription

1 DO NOT DETACH Dear Artist/Agent Please find attached 2 copies of The Pennsylvania State University MASTER ENTERTAINMENT AGREEMENT. In order for the University to process these AGREEMENTS in a timely fashion the following must take place: 1. All 2 AGREEMENTS must be signed Artist/Artist Representative and returned to the Sponsor. 2. All 2 AGREEMENTS MUST HAVE ORIGINAL SIGNATURES. Failure to meet the previous two stipulations can result in the Cancellation of this AGREEMENT. If you have any questions please do not hesitate to contact the sponsor of the program, listed on the last page (signature page) of the contract packet. Both copies of Agreement are to be returned with Original Signatures by: UNIVERSITY SIGNATURES MUST BE OBTAINED BEFORE THE EVENT TAKES PLACE

2 MASTER ENTERTAINMENT AGREEMENT This AGREEMENT is for the performance engagement described below, made this day of, 20. BETWEEN (Herein called the Sponsor) AND (Herein called Artist) Such performance engagement is to take place on the property of The Pennsylvania State University (herein called University) or on property arranged for by the University. 1. Location of Engagement: 2. Date of Engagement: 3. Time of Engagement: Beginning Time Ending Time 4. Type of Engagement: (General description of the performance / entertainment to be provided) 5. Fee Agreed Upon: 6. Itemized additional costs involved with event (if any) which will be paid by sponsor: 7. Sponsor will make check payable to: 8. ENGAGEMENT: Sponsor hereby engages Artist, and Artist hereby accepts and agrees to perform live at the date, time and place specified above, subject to the terms and conditions set forth herein. 9. COMPENSATION: Sponsor agrees to pay Artist the fee and itemized additional costs that are set forth above. No other compensation or reimbursement of any kind shall be paid to Artist. The Artist assumes sole responsibility for arrangement of and all costs for travel, lodging accommodations and meals unless noted previously under ITEMIZED ADDITIONAL COSTS INVOLVED WITH EVENT. SPONSOR WILL NOT PAY FOR MEALS UNLESS SPECIFICALLY INCLUDED IN THIS AGREEMENT. 10. ARTIST S STATUS AS INDEPENDENT CONTRACTOR: The Artist is retained by the Sponsor solely for the purposes and to the extent set forth in this AGREEMENT, and the Artist s relation to the Sponsor during the term of this contract shall be that of independent contractor. This Agreement shall not, in any way, be construed so as to create any sort of employer-employee relationship, partnership, or any other joint undertaking or venture between the parties hereto, including the University. The parties hereto shall not become liable for any representation, act, or omission of the other. Master Entertainment Agreement 5/2009 Page 1 of 8

3 11. ARTIST S RESPONSIBILITIES: A. The Artist s performance shall begin at approximately and end at approximately, at the discretion of the Sponsor s representative. The performance shall consist of approximately sets (where applicable). The performance shall have a total minimum duration of minutes. B. Artist shall have access to the place of performance, not later than (time) on the date of the engagement. Artist agrees that it will be Artist s responsibility to provide all equipment necessary for the performance, with the exception of that set forth below under SPONSOR S RESPONSIBILITIES. Artist agrees that Artist s crew will be solely responsible for unloading the Artist s equipment. The Artist agrees to begin dismantling and to remove all exhibits, equipment and the like as soon as possible upon the completion of the performance, but not later than. C. FULL PERFORMANCE: It is agreed that payment by the Sponsor in accordance with this AGREEMENT is expressly conditioned on full performance by the Artist of the duties and obligations herein created. In the event the Artist (s) performance of any such duty or obligation is prevented by reason of any cause or causes beyond the Artist s control, the Sponsor shall pay, within a reasonable time following partial performance, reasonable compensation for services actually rendered. D. FOLLOW-UP PERFORMANCES: The Artist shall not appear in any form or under any other name in any performance on the campus of The Pennsylvania State University for a minimum of weeks prior to or after the said date of engagement. E. PUBLICITY: The Artist will provide the Sponsor s representative with photographs of the Artist(s) and, as applicable, professional quality recordings (on audio tape, CD, MP3 or other suitable digital audio format) of portions of Artist s repertoire, of a quality and suitability for broadcast, to be considered for utilization in promotional activity. The assorted promotional material shall become the property of the Sponsor. The Artist acknowledges receipt of sufficient information concerning the place of performance and that the physical conditions of the place of performance are adequate for the performance. The Artist will be accessible to a representative(s) of any of the several University-affiliated publications for interview purposes in advance of and following the engagement. 12. SPONSOR S RESPONSIBILITIES: A. The Sponsor shall be responsible for providing the following sound and lighting equipment: and appropriate technician(s) adequate to fulfill performance needs. The Sponsor s representative will retain final control, supervision, and coordination of the utilization of the aforementioned equipment and personnel. The Artist shall provide an individual, having considerable knowledge of the intended content of the Artist (s) performance, to assist the Sponsor s personnel. The Sponsor s representative will attempt to fulfill as many of the Artist s representative s requests as is reasonably possible. B. The Sponsor will guarantee that the place of the performance will be closed to access by the public between and on the date of the performance. C. The Sponsor will exercise reasonable care and judgment in determining the extent of personnel necessary to assume adequate crowd control. Master Entertainment Agreement 5/2009 Page 2 of 8

4 D. Note: Failure of the Sponsor to comply with or properly execute the clauses of the AGREEMENT may result in the delay of the start of the performance, but will not be valid cause for shortening of the performance duration, which shall result in a penalty to the Artist in an amount commensurate with the reduced performance time. 13. LIABILITY: A. The Artist hereby releases and forever discharges the Sponsor and the University, their officers, agents and employees from any and all liability, losses, costs, expenses, causes of action, claims and suits for property damage, theft of property or personal injury (including death) arising in connection with the Artist s performance of services hereunder, unless such damage, theft or injury is caused by the negligent acts or omissions of the Sponsor or the University, their respective officers, agents or employees, in which case the foregoing release shall not apply to the negligent party but shall remain applicable as to the non-negligent party. The Artist understands and agrees that the Sponsor and University usually are separate entities, that the University s sole relationship to the Sponsor for purposes of this AGREEMENT is usually that of owner of property on which the Artist s contracted services with the Sponsor are to be rendered, and that the acts or omissions of the Sponsor or the University shall not be construed or considered, for purposes of the AGREEMENT or otherwise, as the acts or omissions of the other. B. The Artist, at its own cost and expense, shall be solely responsible for securing and shall secure any and all performing, broadcasting and other rights or licenses as may be required for any and all copyrighted works performed by the Artist during this engagement. The Artist shall indemnify and hold harmless the Sponsor and the University, their officers, agents and employees, from any and all liability, losses, costs, expenses, including reasonable attorney s fees, causes of action, claims and suits, whether based upon infringement of copyright or other proprietary rights, or negligent or intentional acts or omissions of the Artist, its officers, agents, contractors and employees, arising in connection with the Artist s performance of service hereunder. C. Artist agrees to not deface or damage or permit the defacement or damage of the Premises or any property of the University by its employees, contractors, agents or guests and to indemnify, defend and hold harmless and pay University upon demand for any damage occurring to any portion of the Premises, during the term of this Agreement, caused by the willful misconduct or negligence of the Artist, Artist s agents, employees, contractors, or guests admitted to said Premises by Artist. 14. INSURANCE: A. PROOF OF INSURANCE: Is Proof of Insurance required for this Agreement? YES NO. If yes, then Artist needs to either be active on the University s Entertainment Vendor List for the date of the performance or must evidence insurance meeting the University s insurance requirements for Entertainment Vendors outlined at the following link: If Artist is not active on this list for the date of the performance, then a certificate of insurance meeting the University s insurance requirements for Entertainment Vendors must be attached to this agreement. Is a Certificate of Insurance ATTACHED to this Agreement? YES NO. B. The failure of the University to secure a required Certificate of Insurance prior to the performance contracted for in this Agreement shall not relieve the Artist from its responsibility to obtain and maintain any required insurance coverages for the performance. Master Entertainment Agreement 5/2009 Page 3 of 8

5 C. All Artists furnishing rides, inflatable games, and other activities that are subject to any licensing, registration, or inspection by any branch of the government, any Artists using hypnosis as part of the contracted entertainment, or other interactive entertainment that the University requires insurance for, MUST have an approved Certificate of Insurance on file with the University s Risk Management Office prior to the execution of this Agreement. Special insurance requirements exist for such activities and are entitled INSURANCE REQUIREMENTS FOR ENTERTAINMENT VENDORS and are hereby made a part of this Agreement. Copies of the INSURANCE REQUIREMENTS FOR ENTERTAINMENT VENDORS may be obtained by contacting the University s Risk Management Office at (814) If the Artist s contracted event is to occur AFTER the expiration date of the approved Certificate of Insurance or if the Artist s insurance is cancelled or reduced for any reason prior to the contracted event, it is the ARTIST S SOLE RESPONSIBILITY to provide another Certificate of Insurance which is valid for the date of the artist s performance of this Agreement to the University s Risk Management Office for its approval. D. The failure of the Artist to maintain an acceptable Certificate of Insurance and/or to meet the current University s Insurance Requirements will result in the cancellation of this Agreement by the University with no financial penalty on the part of the University and Sponsor, and no further recourse on the part of the Artist. Specifically, the Artist agrees to release and hold harmless the University from all costs, however incurred for any cancellation, by the University due to the Artist s failure to meet these insurance requirements including the full return of all deposits, if any, paid in advance by the University and/or the Sponsor, within ten (10) days of the University s notice of cancellation. 15. ARTIST S CONDUCT: A. ARTIST AGREES THAT THERE SHALL BE NO SMOKING AND ABSOLUTELY NO USE OF CONTROLLED SUBSTANCES OR ALCOHOLIC BEVERAGES IN ANY AREA OF UNIVERSITY FACILITIES. The Artist acknowledges that policies and regulations of the Commonwealth of Pennsylvania and The Pennsylvania State University with respect to smoking, controlled substances, and alcohol shall be in effect. For the purpose of this agreement University Premises shall be defined as any property owned, rented, leased or otherwise under the control of The Pennsylvania State University. Should Artist possess or consume alcohol, illegal drugs and/or controlled substances on University premises, Artist shall immediately forfeit any and all claim to compensation for the performance while retaining all obligations to perform. Should Artist fail or refuse to perform for any reasons related to possessing or consuming alcohol, illegal drugs and/or controlled substances on University premises, including as a reaction to notification of non-payment by Sponsor or University, Artist shall reimburse Sponsor and University for all costs related to the performance with the exception of expenses solely related to supporting acts or artists. B. Artist shall not possess or allow animals on the Premises, operate any engine, motor or machine, or use any form of flammable materials (including any sort of pyrotechnics ) without the express written consent of the University. C. AUDIENCE PARTICIPATION: No person who is legally a minor can be involved in any performance or demonstration unless permission is received from a parent or legal guardian who is present at the demonstration D. NUDITY: Artist agrees it will not engage in any nudity during the show or in its public conduct before and after the show. Should Artist violate this, Artist shall immediately forfeit any and all claim to compensation for the performance and Artist shall reimburse Sponsor for all costs related to the concert with the exception of expenses solely relating to supporting acts. Master Entertainment Agreement 5/2009 Page 4 of 8

6 E. SOCIALIZING: Socializing with students beyond the artist s performance or associated formal meetings or receptions is discouraged. The majority of students at the University s campuses are under 21 years of age and some may be under 18 years of age. Artist will assume all liability for disregarding this clause. F. SENSITIVE LANGUAGE, PROFANITY AND GRAPHIC CONTENT: Artist shall be aware that some members of the audience may be sensitive to offensive language, profanity and/or graphic content. Artist shall notify the contacts for the Sponsor and University before the signing of this Agreement if the presentation contains offensive language, profanity and/or graphic content. 16. LAW/ORDINANCES: It is the Artist s responsibility to operate in a manner that conforms with all pertinent laws of the United States and the Commonwealth of Pennsylvania, all local ordinances, and the rules and regulations of Penn State, police and fire departments, and all other municipal authorities. Artist will obtain and pay for all necessary permits and licenses for its operations, and will not knowingly do or suffer to be done, anything on said premises during the term of this License in violation of any such laws, ordinances, rules or licenses. In addition, any Artist furnishing rides, inflatable games, and other activities that are subject to any licensing, registration, or inspection by any branch of government is solely responsible for following all governing law and ordinances in this regard. If violations of any sort are brought to the attention of the Artist, Artist will immediately desist from and correct such violations. The Artist hereby acknowledges that it will forfeit all payments due to it under this Agreement if the performance is stopped by order of any governmental agency due to Artist s failure to abide by any governing law and/or ordinance, or by Artists failure to comply with the rules and regulations of University. 17. MERCHANDISING: Solicitation or sale of merchandise by Artist is prohibited without the prior approval of the University and Sponsor. If University and Sponsor agree that Artist may sell Artist s merchandise at the event, then Sponsor agrees to provide Artist an appropriate well-lighted space for the sale of Artist s merchandise. Sponsor also agrees that Artist shall have the sole right to sell merchandise licensed by the Artist or containing the Artist s logos, trademarks or name. Upon request of Artist, Sponsor may provide volunteers to assist Artist in the sale of merchandise. Such volunteers shall be under the supervision of the Artist. Artist hereby agrees to unconditionally release Sponsor and University from any liability for theft or loss by any means of cash, other receipts, or merchandise which may occur due to actions or inactions by any such volunteers. Artist hereby agrees that it will be solely responsible for required collection and reporting of sales taxes. Artist agrees that Sponsor shall receive a commission of % of gross proceeds on all nonrecorded materials. Artist agrees to keep accurate records of the amount of each type of merchandise sold and to make them available at settlement which shall occur no later than one hour after the conclusion of Artist s performance. Artist hereby releases, holds harmless, indemnifies, and defends the University and Sponsor against any claims resulting from the sale of Artist s merchandise including, but not limited to, claims of product liability, product warranty, failure to pay royalties to another party, and copyright, trademark, or patent violation. 18. INDIVIDUAL WAIVERS/RELEASES: Artist hereby irrevocably agrees that neither Artist nor anyone on Artist s behalf shall seek to obtain individual waivers or releases from participants, audience members, and spectators, with respect to Artist s performance, and that any such waivers/releases shall be considered null and void. Artist further agrees that any attempt by Artist to obtain signed individual waivers/releases, whether successful or not, shall result in Artist immediately forfeiting any and all Master Entertainment Agreement 5/2009 Page 5 of 8

7 compensation for the performance while retaining all obligations to perform; and, should artist fail to perform, Artist shall reimburse Sponsor and University for all costs related to the scheduled performance with the exception of expenses solely related to other supporting acts, artists, or activities. 19. PAYMENT: If the University s Authorized Signatory (identified on Agreement signature page) receives a signed copy of the agreement at least three (3) weeks before the date of performance, University will provide payment for Artist in the form of an official University check available to be presented by Sponsor to Artist immediately following performance. If not, University may mail the check to Artist at the address indicated on the signature page of this Agreement if check is not able to be issued by performance date. Under no circumstances shall University be required to make any deposit to secure Artist s performance. Subject to the terms and conditions of this Agreement, University shall pay to Artist the amount indicated in the Fee Agreed Upon section of this Agreement. All payments shall be made by University check. No payments shall be made in cash. University may withhold the whole or part of any payments to Artist in the event of any personal injury or damage to University personnel or property or third parties caused by negligent acts or omissions of Artist, its employees or agents. 20. CANCELLATION: Should circumstances necessitate cancellation of the performance, such will be determined by joint consent, and the undersigned parties agree to reschedule the performance at the earliest possible date of mutual convenience. In the event of cancellation by mutual consent, each of the undersigned parties shall be solely responsible for its own incurred costs. In the event of unilateral cancellation, and absent circumstances which fall under the force majeure clause below herein, the cancelling party shall be responsible to pay the non-cancelling party, for all non-refundable costs incurred in preparation for the performance. 21. FORCE MAJEURE: No Party shall be liable for any failure to perform its obligations under this Agreement where such failure is proximately caused by circumstances or events not reasonably in the control of either Party, including: Acts of nature (including flood, fire, storm, tornado, earthquake, hurricane, and other natural disasters), war, terrorism, riot, epidemic, labor strike and other industrial dispute, or by any law, regulation, order, or other action by any public or regulatory authority. Any Party asserting Force Majeure as an excuse shall, to the extent possible, consult with the other party in an effort to resolve the underlying situation or otherwise reach a mutual resolution. Where no such mutual resolution is reached, the party asserting Force Majeure shall have the burden of proving that reasonable steps were taken under the circumstances to minimize delay or damages caused by foreseeable events, that all obligations not excused by Force Majeure were substantially fulfilled, and that all other Parties were timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. Performance is only excused to the extent limited, delayed, or prevented by any of the above causes. Under any circumstances, the Sponsor shall not be required to pay Artist if the performance does not take place. 22. GOVERNING LAW AND LEGAL VENUE: All parties hereby irrevocably agree that this AGREEMENT shall be governed by the laws of the Commonwealth of Pennsylvania, and that the venue for any and all legal actions brought pursuant to this AGREEMENT shall be the Court of Common Pleas of Centre County, Pennsylvania. 23. RULES OF CONSTRUCTION: Words in this Agreement that import the singular connotation shall be interpreted as plural, and words that import the plural connotation shall be interpreted as singular, as the identity of the parties or objects referred to may require. Unless expressly defined herein, words having well-known technical or trade meanings shall be so construed. Master Entertainment Agreement 5/2009 Page 6 of 8

8 24. MISCELLANEOUS: A. This Agreement is not assignable without the express written consent of the University and Sponsor. Any assignment without such consent shall be null and void. B. A Rider/Addendum is is not attached to this AGREEMENT. (One MUST be checked before signature by Sponsor and University) If there is any conflict between the terms and conditions of this AGREEMENT and an Artist s rider and/or addendum, the terms and conditions of this AGREEMENT shall govern. C. All terms and conditions of this Agreement shall be binding upon the parties, their heirs, successors and assigns, and cannot be varied or waived by any representations or promises on the part of any agent or other person of the parties hereto unless the same be in writing and mutually signed by the duly authorized agent or agents who executed this Agreement. D. This is a fully integrated contract. It is further understood that this AGREEMENT contains the whole AGREEMENT between the parties and this document supersedes any other terms, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this contract, not expressly set forth herein. Furthermore, this AGREEMENT may not be modified, amended, changed, or altered except in writing executed by all parties. Notwithstanding the foregoing, and to the extent not inconsistent with the terms of this Agreement, logistical details relating to the performance, not herein expressly provided for herein, shall be resolved and addressed by mutual agreement of the Sponsor or University and the Artist or Artist s representative. Master Entertainment Agreement 5/2009 Page 7 of 8

9 SIGNATURE PAGE ARTIST SECTION 1. The following shall act as the Artist or Artist s Representative. Please fill in all information requested below: Signature of the Artist or Artist s Representative Date Type/Print Full Name of Artist or Artist s Representative Phone of Artist or Artist s Rep Federal ID or Social Security Number Fax Number Address of Artist or Artist s Representative Address SPONSOR SECTION 2. Sponsor s Representative Signature Date Type or Print Full Name of Sponsor s Representative Sponsor s Contact Telephone Sponsor s Address UNIVERSITY SECTION 3. Associated Student Activities (ASA) confirmation that funds are available in ASA account. Please add Purchase Order number and the amount encumbered. Note: Only recognized student organizations at University Park need to complete this section. 4. Facility Manager of confirms that all facility arrangements have been secured in accordance with the requirements of this AGREEMENT. Any additions or changes must be resubmitted for confirmation. Facility Manager Signature Date 5. Authorized University Signatory Date Type or Print Full Name of Authorized University Signatory UNIVERSITY SIGNATURE MUST BE OBTAINED BEFORE THE EVENT TAKES PLACE. ALL SIGNATURES MUST BE ORIGINAL. Master Entertainment Agreement 5/2009 Page 8 of 8