GEORGE MASON UNIVERSITY Student Services Entertainment and Event Agreement

Transcription

1 GEORGE MASON UNIVERSITY Student Services Entertainment and Event Agreement George Mason University ( University ) and ( Performer ), in consideration of the mutual promises and conditions found in this Student Services Entertainment and Event Agreement ( Agreement ) and for good and valuable consideration, mutually agree to all of the following: 1. Purpose Performer: Event Information: Date: Arrival Time: Location: _ Sound Check: Scheduled Show Time: Number and Length of Breaks: Length of Show or Set: 2. Term and Termination A) This Agreement shall be for a term of 1 day(s), beginning on and ending without further notice on. B) This Agreement may not be renewed. C) This Agreement may be terminated by providing written notice to the other party by certified mail at least thirty days before the event. D) If performer breaches this Agreement, in addition to any other rights or remedies, the University may terminate this Agreement without prior notice. 3. Performer Obligations and Responsibilities A) Performer shall. B) Performer must furnish all equipment, personnel, and other material required by Performer for the event unless otherwise noted in attached rider. C) Performer warrants that all equipment and material used by Performer is in good working safe order. D) Performer warrants that all employees, agents and volunteers acting on behalf of Performer have been properly trained to perform the services in a safe, efficient workmanlike manner. 1

2 E) Performer shall have complete responsibility, direction and control over the services performed and the setup, maintenance, and operation of equipment utilized in performing such services. F) Performer is solely responsible for payment of all charges, assessments, royalties or license fees required for the right to perform or use any and all material by the Provider at the event. G) Performer warrants that its performance at the event will not violate any copyright, trademark or patent laws and that all necessary approvals have been obtained. H) Performer agrees to be aware of and abide by all applicable University and Commonwealth of Virginia, regulations, statutes, and policies, including fire safety regulations and procedures, proper exit procedures, room capacity, and room setup requirements. I) Future requests for University facility use will be denied and other sanctions may be incurred by Performer if it violates any terms of this agreement. J) Performer agrees to defend, hold harmless and indemnify the University, the Commonwealth of Virginia, and their officers, employees and agents from any claim, damage, liability, injury, expense, or loss, including defense costs and attorney fees, arising from activities under this Agreement. Accordingly, Performer shall promptly notify the University of any claim or action brought against the University in connection with this Agreement. On such notification, Performer will promptly take over, defend any such claim or action, and keep the University informed of events. Any attorney selected by the Performer to defend the University must be approved by the Office of the Attorney General of the Commonwealth of Virginia. K) It shall be the Performer s obligation to maintain all necessary insurance. In any and all contracts and agreements among Performer and its employees, agents, consultants, subcontractors, and representatives, Performer shall require that appropriate liability and property insurance be provided by those parties contracting with Performer. Notwithstanding anything to the contrary in this document or elsewhere, Performer shall comply with the following insurance requirements: (a) An industry standard or equivalent Commercial General Liability insurance policy (or policies), including contractual liability, with limits of liability for bodily injury and property damage of at least One Million ($1,000,000) Dollars per occurrence and Two Million ($2,000,000) Dollars annual aggregate. Coverage shall not exclude participant or spectator liability. The Commonwealth of Virginia, George Mason University, and its officers, employees, agents, and volunteers shall be named as additional insureds using ISO form CG , or equivalent. (b) Workers Compensation insurance for statutory benefits and Employers Liability with limits of at least $100,000 Ea Accident - Bodily Injury by Accident, $500,000 Policy Limit - Bodily Injury by Disease and $100,000 Ea Employee - Bodily Injury by Disease. Policy shall be endorsed to specifically waive the insurer s right of recovery against the Commonwealth of Virginia and George Mason University. (c) Automobile Liability insurance policy (or policies) with limits of liability for bodily injury and property damage of at least One Million ($1,000,000) Dollars per occurrence. 2

3 (d) A Property insurance policy covering all Performer s Property and Business Income for Special Form perils. Licensor shall not be responsible in any manner for loss or damage to any property, equipment, tools or materials and supplies of Performer and its employees, agents, consultants, subcontractors, and representatives. (e) If alcohol is to be served, a Liquor Law Liability insurance policy with limits of liability for bodily injury and property damage of at least One Million ($1,000,000) Dollars per occurrence and Two Million ($2,000,000) Dollars annual aggregate. The Commonwealth of Virginia, George Mason University, and its officers, employees, agents, and volunteers shall be named as additional insureds using ISO form CG , or equivalent. (f) An Umbrella or Excess Liability policy to provide coverage and limits in excess of those required by (a), (b), (c) and (e) above and bringing total limits available to no less than $2,000,000. Each of these policies shall be primary and non-contributory with any insurance (including any self-insurance, deductible or retention) program maintained by the Commonwealth of Virginia and George Mason University and shall be endorsed to provide the policy shall not be canceled unless at least thirty (30) days prior written notice has been given to the Commonwealth of Virginia and George Mason University. To the extent of any insurance carried or required to be carried by Performer under the terms of this agreement, Performer waives any right of recovery against the Commonwealth of Virginia and George Mason University. Wherever necessary Performer shall have insurance policies endorsed to effect insurer s waiver of such rights in accordance with this agreement. All such insurance will be placed with an insurer maintaining an A.M. Best rating of A- or better and admitted to do business in Virginia. The Performer is required to furnish to the University ten (10) days prior to the date of performance a certificate evidencing the insurance outlined above along with a copy of the additional insured endorsement. By requiring the above minimum insurance, the University shall not be deemed or construed to have assessed the risk that may be applicable to the Performer. The Performer shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and or broader coverage. The Performer is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. L) The Performer agrees that they are personally liable for the actions of their employees, agents and volunteers. Failure of the Performer s employees, agents and volunteers to obey University security regulations and procedures shall be a breach of this Agreement and the University may immediately terminate this Agreement. 4. University Obligations and Responsibilities A) The University shall pay to Performer as full compensation for all services provided. All compensation shall be paid by University check. 3

4 B) The University shall provide facility space and electrical power for the event and reasonable rider requests. Performer shall have exclusive control of the facility space and surrounding areas. C) The University reserves the right to terminate facility reservations for any activity if it determines, while the activity is going on, that facility equipment or furnishings are being damaged as a result of the activity, or if it determines that the activity is endangering the health or safety of patrons, interfering with the processes of the University, or infringing on the rights of others. D) The University is not required to provide, seek or obtain any advertisement to further this Agreement. 5. Mutual Obligations and Responsibilities A) All parties to this Agreement agree not to discriminate on the basis of race, color, religion, national origin, sex, sexual orientation, disability, veteran status, or age (except where sex or age is a bona fide occupational qualification.) B) The parties agree that no agency or employment relationship is created by this Agreement between the University and the Performer. The Performer is contracting as an independent contractor. C) Neither party shall use the others name, logo or trademark, or any corporate or business name, which is reasonably likely to suggest that the parties are related, without first obtaining the written consent of the other party. D) Identification of any individual on the premises of University facilities may be required at anytime at the discretion of an administrative officer of the University or of the University Police. E) Any monies collected by the sponsoring student organization shall be deposited into the student organization account immediately after the end of the program. If the program falls on a weekend, monies will be dropped in the Student Activities safe until the Cash Office opens on the next business day. 6. General. A) This Agreement is the complete and final agreement between the parties. No oral or written promises or conditions exist outside this Agreement. This Agreement represents the entire understanding of the parties. B) This Agreement shall supersede and control over any other agreements made by the Performer that conflict with the provision of this Agreement. C) No amendment or modification of this Agreement shall be valid unless in writing and 4

5 executed with the same formality as this Agreement by authorized representatives of the parties. All valid amendments or modifications shall be attached as addendums to this Agreement. D) No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default. E) This Agreement may not be assigned by either party without the advance written consent of the other party. This Agreement shall be binding upon the heirs, personal representatives, successors, and permitted assigns of both parties. F) The University, its officers, employees and agents, and the Provider, its officers, employees and agents will not be responsible for any delay or failure in performance resulting from any cause beyond their control, including without limitation: war, strikes or labor disputes, civil disturbances, fires, natural disasters, acts or regulations of public authorities, and Acts of God. G) Any deposits or prepayments made by the University to the Provider will be returned to the University if the Provider's performance under this Agreement is canceled for any reason. H) All parties agree that this Agreement shall be construed, governed and interpreted pursuant to the laws of the Commonwealth of Virginia. All disputes arising under this Agreement shall be brought before a proper state or federal court in the Commonwealth of Virginia. I) Should any portion of this Agreement be declared invalid or unenforceable for any reason, such portion is deemed severable from this Agreement and the remainder of the Agreement shall remain fully valid and enforceable. J) This Agreement becomes effective immediately upon signature of both parties. PERFORMER GEORGE MASON UNIVERSITY BY: BY: (print name) (print name) TITLE: DATE: TITLE: DATE: 5