PURCHASER: the University of Akron

PURCHASER: the University of Akron

Performance Agreement Page 1

TODAY’S DATE: PURCHASER: The University of Akron

STUDENT ORGANIZATION NAME (if applicable):

ARTIST: (an independent contractor, made up of all personnel which are used in the performance of this Agreement on the part of the Artist).

OBLIGATION OF THE PARTIES

Artist agrees to perform as specified below (Engagement) in consideration for Purchaser’s obligations to pay $ a flat guarantee, and provide a licensed place to perform. Payment, by University check, will be made after Artist has performed as agreed.

Each of the Artist’s members agree to be bound jointly and severally to the obligations and conditions of this agreement. Each member may enforce this Agreement. However, any terms and conditions listed in Exhibit A are not made part of this agreement prior to review, approval and signature of appropriate University representative(s).

Artist represents that neither Artist, nor any agents of the Artist, have paid or agreed to pay directly or indirectly any person, firm, or corporations any money or valuable consideration for assistance in securing this agreement and that no such money or reward will be hereafter paid.

Artist further represents that: no Purchaser employees, or their family members, have a financial interest in Artist submitting this Agreement; Artist is not, and has not been an employee of the Purchaser; and that the Artist does not have any relatives or family members employed by the Purchaser. To the extent that Artist cannot make all of these representations, Artist understands that Artist must complete a more extensive disclosure, attached as Exhibit B.

SPECIFICATIONS

  1. ENGAGEMENT ADDRESS:
  1. DATE OF ENGAGEMENT:

TIME: FINISH:

  1. DESCRIPTION OF SERVICES BEING PROVIDED BY ARTIST:
  1. TICKET PRICE (if applicable): $
  1. UNIVERSITY CHECK MADE PAYABLE TO:
  1. SOCIAL SECURTIY or FEDERAL TAX ID NUMBER
  1. TIME OF ARTIST’S ARRIVAL:
  1. TIME OF SET-UP:
  1. TIME FOR STRIKE TO BE FINISHED (APPROXIMATE):
  1. SOUND SYSTEM PROVIDED BY:
  1. LIGHTS PROVIDED BY:
  1. ARTIST’S NEEDS:
  1. PROMOTIONAL MATERIAL TO BE SENT TO PURCHASER:
  1. CORRESPONDENT(s) FOR PURCHASER:

NAME: UA Contact Name

TITLE: UA Contact Title

PHONE:

NAME:

TITLE:

PHONE:

  1. OTHER ARRANGEMENTS AGREED TO:

CANCELLATION

Either party may cancel this Agreement as follows:

1. If either party gives the other (number of days) 30 prior written notice (Notice); or

2. If either party is unable to fulfill the terms of this Agreement due to an Act of God or any other legitimate conditions beyond the control of the parties.

FAILURE TO GIVE NOTICE

If the Artist fails to give Notice, the Artist will reimburse the Purchaser for all bona fide out-of-pocket expenses incurred in the promotion and/or implementation of the Engagement upon Artist’s receipt of a certified statement of such expenses.

If the Purchaser fails to give Notice, the Purchaser may not seek reimbursement for all bona fide out-of-pocket expenses incurred in the promotion and/or implementation of the Engagement.

DISCLAIMERS

The Purchaser will not be responsible for, but not limited to, the following:

1. Union dues or other expenses;

2. Federal, State or Local taxes;

3. Agent commission or other expenses or obligations;

4. Damage to Artist’s equipment or materials;

5. Compensation for lost or stolen equipment or materials; and

6. Travel expenses (including, but not limited to, gas and mileage).

The Artist agrees to cooperate with Purchaser in the coordination and performance of the Engagement.

The Artist agrees to indemnify and hold Purchaser Harmless from all such costs and liabilities.

INSURANCE

Artist agrees to indemnify Purchaser against any and all damage to the person or property arising from the use of Purchaser’s premises.

Artist agrees to provide the Purchaser with a Certificate of Insurance for the Engagement which is the subject of this Agreement in the following amounts:

  • General Liability (including product liability, if applicable) - $1,000,000
  • Workers’ Compensation – as required by state law
  • Professional Liability (if applicable) - $1,000,000

MODIFICATION

Either party may modify this Agreement only with the prior written consent of the parties.

COOPERATION/COORDINATION

Artist agrees to cooperate with Purchaser in the coordination and performance of the Engagement.

CHOICE OF LAW

This Agreement shall be governed by the laws of the State of Ohio. Chapter 2743 of the Ohio Revised Code shall govern determination of Purchaser’s liabilities.

INTEGRATION

This document, Performance Agreement, represents the entire Agreement between the Artist and the Purchaser.

SIGNATURE

Artist must sign and return this Agreement by: .

Payment is conditioned on such signature and return of the Agreement.

The person signing this Agreement on behalf of the Artist represents that the personnel used by the Artist are bound to the obligations and conditions of this Agreement.

THE UNIVERSITY OF AKRON / ARTIST/AGENCY
SIGNATURE
Luba Cramer / BUSINESS NAME
Interim Director / PRINTED NAME
Dept. of Purchasing / ADDRESS
The University of Akron / ADDRESS2
Akron, OH 44325-9001 / CITY/STATE/ZIP
330-972-7340 / PHONE
DATE / DATE

This form, The University of Akron Performance Agreement, has been reviewed and approved for legal form and sufficiency by the Office of General Counsel on May 15, 2014.

Performance Agreement

EXHIBIT B
VENDOR DISCLOSURE
I, authorized person for Contractor Name, do hereby state and affirm that neither I nor any agents of the above-named company not any other party acting on company’s behalf have paid or agreed to pay directly or indirectly any person, firm, or corporations any money or valuable consideration for assistance in securing this agreement for the following: Services Provided. I further agree that no such money or reward will be hereafter paid.
Do any University of Akron employees, or their family members, have a financial interest in the organization submitting the agreement?
Yes / No
If so, please attach a statement giving details.
Are you currently or have you been an employee of The University of Akron?
Yes / No
If so, please attach a statement giving details.
Does the affiant have any relative/family members employed by The University of Akron?
Yes No
If so, please identify the employee and relationship.
Employee Name Relationship

______

Artist’s Signature Date

THE UNIVERSITY OF AKRON

Name of proposed independent contractor: / Contractor Name
Departmental Requisition Number:
1. Items to be completed by the Independent Contractor:
a. I provide similar services to other clients and/or businesses. / YES / NO
b.I engage in entrepreneurial activities in an established trade, occupation or business and am at risk for profit or loss. / YES / NO
c.I am a current or past employee of The University of Akron. (If you answer YES, please list dates of employment from:______to:______the name of the Department and job duties.) / YES / NO
d.I will maintain worker's compensation coverage or will present proof of exemption as a sole proprietor. / YES / NO
e. I agree that The University of Akron will withhold no taxes from the payments made to me and I will be solely responsible for payment of local, state, and federal taxes. / YES / NO
f. I agree that I will be paid by the job, will furnish all tolls and materials needed to do the contemplated work, and will pay for all of my own business expenses. / YES / NO
Items to be completed by the University Department wishing to use the services of this Independent Contractor:
2. The individual to perform the services:
a.Will receive little or no training, supervision, or instruction from University personnel, other than conveying the scope of service desired. / YES / NO
b.Will be responsible for determining the means and methods to use to perform the requested services. / YES / NO
c.Will provide his/her own supplies, equipment, forms, etc., necessary to perform services, and the cost of these is included in rate or total fee. / YES / NO
d.Will set his/her own priorities on time, amount of effort, and hours of work, to accomplish services within stated time frame. / YES / NO
e.Is not providing services similar to those currently being provided by any University employee(s). / YES / NO
f.Will be paid on the basis of a completed project, progress payments or in a manner consistent with others in the same trade, occupation, profession or business. / YES / NO
Either party must provide a detailed explanation of any questions that were answered "No", with the exception of 1. c.
I certify that to the best of my knowledge the above is correct.
Independent Contractor’s Signature / Date
Authorized University Departmental Supervisor’s Signature / Date

INDEPENDENT CONTRACTOR CHECKLIST

Note: This form must be signed by the department chair or his/her designee. Please return to the Department of Purchasing, Zip + 9001 with the completed Professional Services Agreement.

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