(Date)

(Vendor’s

Address)

Dear (Vendor’s Name),

I am writing to confirm our agreement that (name of department) at Duke University will pay you the amount of ($XXX.XX) for which you will (describe the expectation). Please review, sign and return the contract below to finalize the agreement.

Payment for services will be processed at the conclusion of your engagement.

Thanks in advance for your service.

Sincerely,

(Name of Department Head or other Individual Authorized to execute contracts)

Duke University Student Affairs Contract

Department: ______Date______

Department Representative: ______

Phone Number: ______Duke Email: ______

Department Approver: ______

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.

Duke University, hereafter called the "PURCHASER", agrees to pay (CONTRACTORS/GUEST’S NAME), hereafter called the "PRESENTER/CONTRACTING PARTY ", the sum of $(AMOUNT), for which 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:[JS1] 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. Payment to Foreign Nationals: [JS2]Payment to Foreign National speakers, artists, or US entities that are representing Foreign Nationals coming to Duke University may be subject to 36% tax withholding. In addition to the tax withholding, Duke University also requires a copy of the Foreign National's passport and I-9 or Visa stamp. Depending upon the visa status, more documentation may be required. The process to pay Foreign Nationals may extend beyond the standard processing timeline. Questions about Foreign National payment processing should be directed to .
  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.
  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 contact 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 artist fees of $1500.00 or more, unless producer receives a waiver from the state of North Carolina. Waiver must be presented to purchaser 10 days prior to performance.
  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 of gender expression, ability, race, color, religion, sexual orientation or national origin, 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. Contract Authority: AGENT warrants that it has full and current legal authority to act and contract on behalf of the PRESENTER/CONTRACTING PARTY. AGENT warrants that it is authorized by PRESENTER/CONTRACTING PARTY to execute this contract.
  1. Reproduction of Engagement: PURCHASER agrees to prevent, to the best of its ability, the filming, broadcasting, recording, or reproduction by radio, television, or any other device of the PRESENTER/CONTRACTING PARTY’s engagement without written permission of the PRESENTER/CONTRACTING PARTY. PURCHASER shall, however, retain the right to photograph said engagement for inclusion in publications and online materials of Duke University and its students.
  1. Inability to Perform: If PRESENTER/CONTRACTING PARTY arrives prior to engagement under the influence of intoxicating beverages, narcotics, or drugs, and, as a result thereof, in the opinion of the PURCHASER, PRESENTER/CONTRACTING PARTY cannot render said engagement within the reasonable expectations of the PUCHASER, the PURCHASER shall consider this breach of contract.
  1. Breach of Contract: If AGENT and/or PRESENTER/CONTRACTING PARTY breach this Contract for any reason other than a force majeure occurrence (see item number 8 above), PRESETNER’s engagement shall be placed in jeopardy and subject to cancellation by PURCHASER, in which event AGENT and PRESENTER/CONTRACTING PARTY shall be jointly and severely liable for all out-of-pocket expenses and expenses related to cancellation of the engagement incurred by PURCHASER and shall pay these expenses to PURCHASER in full within thirty (30) days of said breach.
  1. Morality: PURCHASER may cancel the PRESENTER/CONTRACTING PARTY from the event upon written notice if PRESENTER/CONTRACTING PARTY is charged with any felonious crime of moral turpitude that a reasonable person would believe would bring the PRESENTER/CONTRACTING PARTY into general public disrepute, contempt, scandal or ridicule, or to shock, insult or offend the public and which a reasonable person would believe would have the effect of reflecting unfavorably upon the PURCHASER’s reputation if the engagement continues in the reasonable opinion of the PURCHASER. The PURCHASER’s decision to terminate hereunder must be exercised, if at all, no later than 90 days after the facts giving rise to such right are brought to the PURCHASER’s attention, but in no event later than the engagement date. The PURCHASER’s written notice of termination shall state the detailed reasoning of the PURCHASER’s conclusions.

Include a signed W9 (IRS 2014 version, signed in the current year), ICC form (if submitting a W9 with a social security number), and insurance requirement waiver (if needed) to process payment.

For the PURCHASER:For the PRESENTER/CONTRACTING PARTY:

______

Duke University DepartmentPRESENTER/CONTRACTING PARTY Approver Signature

Date ______Date ______

Email ______Email ______

Telephone ______Telephone ______

- [JS1] Have Sarah Review, and make necessary additions

  • Timeline of when payment processes begin
  • Any language about when payment can be expected following receipt of all proper paperwork

- Move Foreign Nationals language to item 2.

[JS2]Make section 2 of addendum