GEORGE MASON UNIVERSITY
Student Services Entertainment and Event Agreement
THIS STUDENT SERVICES ENTERTAINMENT AND EVENT AGREEMENT (“Agreement”), is made by and between George Mason University (“University”), an educational institution and agency of the Commonwealth of Virginia and Name of Company (“Client”), a type of entity and state of incorporation. The University and Client are referred to individually as “Party” and collectively as “Parties”.
In consideration of the mutual promises and benefits hereunder and other good and valuable consideration, the Parties mutually agree to al of the following:
1. Purpose
Performer: Name
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 # day(s), beginning on Date and ending without further notice on Date.
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 five 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.
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.
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 Performer may incur other sanctions 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.
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:
- 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 20 11 01 96, 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.
d. 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 20 11 01 96, or equivalent.
e. An Umbrella or Excess Liability policy with limits of at least $2,000,000 to provide coverage in excess of those required by (a) and (c) above.
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.
M. 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.
N. 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.
4. University Obligations and Responsibilities
A. The University shall pay to Performer as full compensation for all services provided dollar amount. All compensation shall be paid by University check.
B. The University shall provide facility space and electrical power for the event. 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.
E. The sponsoring student organization shall collect all monies at the event and deliver them to the Student Activities office within one working day of the event.
5. General.
A. Applicable Law; Venue. This Agreement shall be construed, governed and interpreted by and in accordance with the laws of the Commonwealth of Virginia. Any litigation with respect to this Agreement shall be brought before a court of competent jurisdiction in the Commonwealth of Virginia.
B. Entire Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter herein and supersedes all prior oral or written agreements with respect to the subject matter herein. This Agreement can be modified or amended only by a writing signed by all of the Parties.
C. Severability. Should any portion of this Agreement be declared invalid or unenforceable for any reason, such portion is deemed severable from the Agreement and the remainder of this Agreement shall remain fully valid and enforceable.
D. Waiver. The failure of a Party to enforce any provision in this Agreement shall not be deemed a waiver of such right.
E. Assignment. Neither Party shall assign or otherwise transfer its rights or delegate its obligations under this Agreement without the prior written consent of the other Party. Any attempted assignment, transfer or delegation without such consent shall be void. All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns.
F. Independent Contractors. The relationship of the Parties to each other is solely that of independent contractors. No Party shall be considered an employee, agent, partner or fiduciary of the other except for such purposes as may be specifically enumerated herein, nor shall anything contained in this Agreement be construed to create any partnership or joint venture between the Parties. The University does not sponsor, endorse, or make any express or implied warranties for Performer.
G. Publicity. Except as specifically provided for herein, Performer shall not use, in its external advertising, marketing programs, or promotional efforts, any data, name, insignia, trademarks, pictures or other representation of the University or its employees except on the specific written authorization in advance by the University. The University must receive all requests for authorization in writing no later than ten (10) days in advance of the use date.
H. Use of Trademarks. 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, no less than 10 days in advance of such use.
I. Nondiscrimination. Both Parties to this Agreement agree to not discriminate on any basis prohibited by the University’s non-discrimination policy, University Policy Number 1201, http://universitypolicy.gmu.edu/1201gen.html.
J. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the sovereign immunity of the Commonwealth of Virginia and of George Mason University.
K. Authorized Signatures. The signatory for each Party certifies that he or she is an authorized agent to sign on behalf of such Party.
L. Third-Party Beneficiaries. No third Party is entitled to rely on any of the representations, warranties and agreements of the Parties contained in this Agreement. No Party assumes any liability to any third Party because of any reliance on the representations, warranties and agreements of the Parties contained in this Agreement.
M. Notice. Any notice required by this Agreement shall be in writing and shall be deemed given when sent, postage prepaid, through the United States Postal Service by certified mail, return receipt, or when sent by a nationally recognized overnight deliver service, or personally served upon the appropriate Party.
To University: Department
George Mason University
4400 University Dr., MS
Fairfax, VA 22030
To Performer: Attention
Company Name
Address Line 1
Address Line 2
This Agreement becomes effective immediately upon signature of both Parties.
PERFORMER GEORGE MASON UNIVERSITY
BY: ______BY: ______
NAME: ______NAME: ______
TITLE: ______TITLE: ______
DATE: ______DATE: ______
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Event Agreement Revised 07/2012