Duke University Student Organization Contract

Organization:______Date______

Organization Student Representative: ______

Phone Number: ______Duke Email: ______

Organization Advisor: ______

Phone Number: ______Duke Email: ______

No contract shall be considered binding upon Duke University unless signed at the bottom of the contract by approved Duke University staff. Payee’s name on the contract MUST match the name on the W-9.

Duke University hereafter called the "PURCHASER" agrees to pay______

hereafter called the "PRESENTER/CONTRACTING PARTY", the sum of $______, for which sum the PRESENTER/CONTRACTING PARTY shall (ENGAGEMENT DETAILS)______, on (DATE)______at (TIME)______in the (LOCATION)______, (ADDRESS) ______.

All items in the contract are subject to local, state, and federal law and Duke University policy.

  1. Payment: Unless otherwise agreed to, payment will be via certified university check. PRESENTER/CONTRACTING PARTY must submit a valid W9 (2014 IRS version, signed and dated in current year) to process payment. Best efforts will be made to provide check to PRESENTER/CONTRACTING PARTY at conclusion of the engagement. If a check is not available on the day of the event, PURCHASER will mail check to PRESENTER/CONTRACTING PARTY following the engagement. Check will be mailed to the address listed on the PRESENTER/CONTRACTING PARTY’S W9.
  1. Deposits: Duke University does not submit deposits.
  1. Liability:
  2. Duke University is self-insured for liability protection. Such protection applies to Duke University and its agents and representatives.
  1. PRESENTER/CONTRACTING PARTY and all other vendors, contractors, or agents must provide their own liability coverage.

Worker’s Compensation: Statutory limits

Employer’s Liability: $1,000,000 each accident

Commercial General Liability include Products/Completed Operations Liability: $1,000,000 each occurrence/$2,000,000 aggregate including bodily injury and property damage; personal/advertising injury; contractual; premises/operations; products and completed operations. An Excess Liability policy is acceptable if necessary to bring the General Liability to the minimum limit of $1,000,000 per occurrence, $2,000,000 aggregate.

Automotive liability: $1,000,000 with bodily injury and property damage for owned, non-owned and hired vehicles.

Duke University must be named as an Additional Insured with respect to General Liability coverage insofar as it pertains to the work done/service provided/product delivered to the university. Your policy must be Primary as to any other valid and collectible insurance, but only as acts of the named insured. A certificate of insurance with the beginning by the Contractor for the University. Coverage represented on the certificates of insurance must show policy numbers, effective dates and limits. All policies shall evidence insurance written by a carrier licensed in the State of North Carolina and rated at least “A” in A.M. Best’s Key Rating Guide, or otherwise acceptable to Duke.

  1. Duke University agrees to provide liability protection for its officers, employees, and agents while acting in the scope of their employment. Duke University further agrees to hold harmless the Artist/Vendor, its officers, agents and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this contract where such liability is founded upon or grows out of the acts or omissions of any of the officers, employees, or agents of Duke University while acting within the scope of their employment.
  1. Artist/Vendor agree to indemnify and hold harmless Duke University and its officers, employees, and agents from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this Entertainment Contract where such liability is founded upon or grows out of the acts or omissions of any of the officers, employees, or agents of the Artist/Vendor or Producer.
  1. Certificate of insurance available upon request.
  1. Force Majeure: The parties’ obligation to perform the Contract shall be excused, and the Contract shall be deemed rescinded, if PRESENTER/CONTRACTING PARTY’s engagement is rendered impossible or infeasible as a result of illness, death, or injury to PRESENTER/CONTRACTING PARTY; accident; fire; riot or other manifestation of civil disorder; an act, rule, or regulation of any public authority or court; an act of God; or any other event beyond the reasonable control of either party which would preclude the performance. Force Majeure also applies in the event of Duke University closure for severe weather.
  1. Disputes: This performance contract addendum and any proceedings conducted hereunder shall be governed and enforced by the laws of North Carolina. Any claims arising from this contract and its execution shall be brought in an appropriate forum in Durham, North Carolina.
  1. Signatory: The person executing this agreement on Duke University’s behalf does so as an agent of Duke University and is not personally liable for the payment of the contract price. Duke University is responsible for the payment of said price in full.

The Duke University employee signing this contract does so on behalf of the student organization listed on the first page of the contract and acts only as the signatory for Duke University. All contract terms and conditions are the responsibility of the student organization and their advisor as listed on the first page of the contract. Neither the employee signing this contract, the student organization advisor, or the students are personally liable for the terms of the contract. Duke University assumes liability for the contract terms.

  1. Entertainment Tax: North Carolina law requires withholding of 4% of fee on all PRESENTER/CONTRACTING PARTY fees of $1500.00 or more, unless PRESENTER/CONTRACTING PARTY receives a waiver from the state of North Carolina. Waiver must be presented to PURCHASER 10 days before the engagement.
  1. PRESENTER/CONTRACTING PARTY Default: In the event PRESENTER/CONTRACTING PARTY refuses or neglects to provide any of the items herein stated or comply with any provisions hereunder, and/or fails to proceed with the engagement as at the times herein specified, then any such failure shall be deemed a substantial and material breach of this agreement and PURCHASER shall have the right (in PURCHASER’s sole discretion), without any prejudice to: (1) immediately cancel this agreement and cancel any or all engagements hereunder; and (2) PURCHASER shall have no further liabilities and/or obligations in connection with the engagement or the transactions contemplated by this agreement.
  1. Statement of Non-Discrimination:The parties mutually agree that in the engagement of the contract they will not discriminate or permit discrimination against any person or group of persons on the basis ofrace, color, religion, national origin, disability, veteran status, sexual orientation, gender identity, sex, genetic information, or age, or in any other manner prohibited by the laws of the United States or the State of North Carolina.
  1. Non-assignability: No party shall transfer any interest in the contract, whether by assignment or delegation, without the written consent of the other party.
  1. Severability: The invalidity, in whole or in part, of any provision of the contract does not affect the validity of the remainder of the contract.
  1. Statement of Governance: It is expressly agreed that the terms of each and every provision of this contract shall prevail and control over the terms of any conflicting or inconsistent provisions of any addendum, terms, rider added by PRESENTER/CONTRACTING PARTY.
  1. Limitation of Terms: This contract contains the complete understanding of the parties and cannot be amended, supplemented, modified, or rescinded except in writing by all parties to the contract.
  1. Payment to Foreign Nationals: Payment to Foreign National speakers,artists, or US entities that are representing Foreign Nationals coming to Duke Universitymaybe subject to 36% tax withholding. In addition to the tax withholding, Duke University alsorequires a copy of the Foreign National'spassport and I-9 or Visa stamp. Depending upon thevisa status, more documentation maybe required. Questions about Foreign Nationalpayment processing should be directed to .

For the PURCHASER:For the PRESENTER/CONTRACTING PARTY:

______

Duke University Staff SignaturePRESENTER/CONTRACTING PARTYSignature Signature

Printed Name______Printed Name______

Date ______Date ______

Email ______Email ______

Telephone ______Telephone ______

Initial Here ______