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What is a Contract? A contract is… ·
An enforceable
agreement between two parties, a covenant. ·
An agreement in which
each party agrees to give up something in exchange for something else (i.e. one
party gives up service, performance, and one party gives up money, etc.) ·
Legally binding and can
be settled in a court of law. Why do we have contracts? ·
Protect ourselves ·
Protect our clients
(performers, speakers, providers) ·
Insure clear
understanding of expectations ·
Serve as a record of
what was said/promised ·
Insure a legally
binding agreement ·
Present professionalism
on part of organization or part of Provider Basic Contract Terminology Acts of God -Gives organization a way out of the contract if
disaster occurs. The Purchaser (you) may terminate or temporarily suspend
performance of any part of this agreement without notice in the event of an
emergency, which would make the performance not feasible. Americans with
Disabilities Act (ADA) -The
organization is responsible for ADA compliance for the facility you use for the
event (i.e. Wheelchair ramps, handicapped access seating, interpreters
required). It is the responsibility of the Purchaser to exercise
reasonable effort in assuring the facilities are accessible to people with
disabilities in a manner consistent with the guidelines of the ADA, provided
that the provider (them) uses reasonable effort to determine and report to the
Purchaser any special needs that may exist. Additions and Deletions -Making amendments (changes) to the contract. Make
sure preparations are in place as to how to handle them such as preparation
time, work of members, money, etc. Let the other party know how to handle
changes and vice versa. Request for additional facilities, equipment not
included in this agreement, are subject to availability…Any additions or
deletions…must be initialed by a representative of both parties…to be
considered valid. Assignment- Means the contract is between your organization and
the Provider only, and no part of the agreement can be sub-contracted out to some
other Provider. This agreement may not be assigned or transferred,
either in total or in part, by either party without the prior written consent
of the other party. Cancellation -Clearly defines conditions which must be satisfied
if the event is cancelled/contract breached. Make sure to set deadlines for
payment/non-payment of the contract for both parties. Include clauses for
cancellation including advertising costs, rental fees, and other purchases that
become the other party’s responsibility in the event of cancellation. If Provider cancels this contract…it shall be liable
to the Purchaser for direct costs incurred specifically in preparation for the
event. Deposits and Payments –If possible, no deposits or payments should be made
prior to delivery of service. If the Provider absolutely requires advance
payment, you will need to speak to the business office to have a check
approved. Clear expectations and
consequences should be set in regards to payments. At the time the reservation is made, a deposit will
be requested. For example, this deposit must be received no later than…If
payment is not received by this date, the Provider reserves the right to cancel
the event. Indemnity and Damages -Covers injuries or damages that may occur at the
event. The Provider agrees to hold Purchaser harmless for anything that happens
to them. The Provider agrees to pay for any damages that occur during the
event. Provider shall indemnify and hold Purchaser harmless
for any injury, loss, or damage sustained by Provider or an employee or agent
of Provider while utilizing Purchaser facilities or equipment hereunder,
provided such injury, loss, or damage is not caused by negligence or Purchaser
or an employee, agent, or student acting in the normal course of his/her
employment or agency. Insurance -Most contracts ask for some sort of insurance on
the part of the Purchaser in case of accidents, damage, etc. One million
dollars in coverage is standard. Student organizations are covered in
activities by the University insurance policy. Prior to event, Purchaser must furnish, at
Purchaser’s expense, a Certificate of Insurance with a $1 million single
limit…non-cancelable during the event…the Certificate of Insurance must name
the Provider as additional insured party. Program Details/Services -A detailed outline of all expenses that are
incurred as part of or in addition to the contracted amount. This includes the
following: ·
Hospitality-Catering/meal
costs for Provider ·
Travel-Transportation costs
for Provider and/or Provider’s personnel and equipment ·
Equipment-Purchases/rentals
of any equipment (A/V or otherwise) or supplies needed for the event. ·
Set-ups-Designated
facilities and their layouts, capacities, restrictions ·
Timeline-Itinerary
information for flights, check-ins, sound-check, or any other events up to and
including the contracted event. Representation and
Promotion -Deals with all materials
related to promoting the event and determines any restrictions the Provider may
have in terms of the promotion. Be sure to obtain sample materials from the
Provider designated to appear as promotion. College Regulations -Address all concerns and makes Provider aware of College
policies. The following are a few things to consider: ·
Safety-Make sure all
safety issues are addressed. If the presence of Campus Safety is required, be
sure to contact them at least three weeks prior to the event and before the
contract is issued. ·
Alcohol-Alcohol cannot
be used at a College event without specific written permission from the College
and a licensed distributor. Alcohol cannot be purchased with College funding. ·
Curfew/Quiet Hours-This
is especially important for outdoor events. Consideration must be given to
residence halls and academic buildings so as not to interrupt living and
studying. ·
Food Sales and
Concessions-Sodexho Dining Service must be used for all events on campus unless
permission is given otherwise by Sodexho. Organizations must get permission to
sell their own food at events (food-handling and preparation guidelines). ·
Signage-Be aware of College
posting policies on where and how to post signage. Student Organization Contracts ·
If the artist has a
contract, make sure to go over it with a Student Life staff member. If the artist does not have a contract, then
the organization is responsible for writing one themselves and including the
information listed below. ·
The organization must
have a contract with any artist to confirm arrangements and have documentation
for payment. ·
The artist may also
have a rider, which is usually a technical rider; it specifies things they need
such as equipment, staffing, and food. Basic Information needed: ·
Name of Provider ·
Their representative’s
name, address, phone number ·
Date, time, and place
of performance ·
When they will arrive ·
Type of show (comedy
show, lecture, concert, etc.) ·
How long the
performance is, amount they are being paid ·
What the organization
is providing (sound, lights, projector of some kind, stage, etc.) If the artist provides a contract ·
Check basic information
to make sure it matches your contract. ·
Make sure you can
provide everything including technical requirements. ·
Look at clauses in
general which seem to be completely in their favor. ·
Remember that almost
any item in a contract or rider is negotiable. ·
If your organization
cannot do something, be up front with the Provider’s representative, and see
what alternative can be worked out. |
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