University of Louisville Student Activities Center Administration Performance Contract

THIS CONTRACT is made the ______day of ______, 20____ between the University of Louisville (hereinafter called "Sponsor"); and ______, (hereinafter called "Artist").

The Artist and its members are engaged severally on the terms and conditions of the entire contract hereof. The Artist represents that the designated members of group have agreed to be bound by said terms and conditions. The Artist warrants that all members of the Artist's group shall render services under the undersigned Artist. Performance Information Venue Name & Place: ______Show Date & Time: ______Show Length : ______Show Type: ______(Concert, Lecture, Dance, or Other) Soundcheck or Rehearsal Time: ______Artist's Representative: ______Telephone #:______Facsimile #:______Sponsor's Representative: ______Telephone #:______Facsimile #:______

Payment Requirements Sponsor agrees to make full payment as designated herein. Compensation in the amount of $______will be payable upon completion of performance by University of Louisville check unless otherwise stated. Name to appear on check: ______Payee's U of L Vendor Number: ______

Mailing Address:______

City & State:______Zip-code:______

Telephone:______Facsimile:______

It is expressly understood by all parties hereto that the sponsor has the right to control the manner, means, and details of the performance of services by the artist(s) including the leader as well as the ends to be accomplished.

"Additional Terms and Conditions" are on the back of this contract. Read all of them PRIOR to signing this agreement, your signature signifies that you have read and understand the reverse side and agree to the terms and conditions.

UofL Signature: ______Artist(s) Signature: ______Title: Title: Date: Date:

Additional Terms and Conditions

1. EQUIPMENT The SPONSOR understands that the ARTIST is a completely self-contained show and will not require supplemental musicians, equipment, musical instruments or other services by and/or at the expense of the SPONSOR unless otherwise specified in this contract or attached rider(s). All equipment provided by SPONSOR shall remain under complete supervision, direction, and control of the SPONSOR. The SPONSOR is not responsible for any equipment not specifically stated in this contract or attached rider(s). The ARTIST agrees that if he or she does not use the equipment required in the contract or attached rider(s) he or she will pay for all costs involved with the rental, delivery, set-up and operation of said equipment.

2. STATE LAWS This contract shall be governed by the laws of the Commonwealth of Kentucky.

3. STATEMENT OF GOVERNANCE In the event of a conflict, inconsistency, or incongruity between the provisions of the ARTIST'S contract, Artist's rider(s), and the provisions of the University of Louisville Performance Contract; the University of Louisville Performance Contract shall in all respects govern and control.

4. SPONSOR SIGNATURE The sponsor's representative, in signing this agreement, warrants that he or she signs only as a properly authorized representative of the SPONSOR and does not assume any personal liability for meeting any of the terms of this agreement or any related agreement.

5. INDEPENDENT CONTRACTOR It is mutually agreed and understood that the ARTIST and the ARTIST'S representatives are independent contractors and are NOT employees of the SPONSOR. Also, ARTIST warrants that he or she is solely responsible for the contect of their performance and indemnify SPONSOR from any and all loss or claims which may result from ARTIST'S performance.

6. ACTS OF GOD The SPONSOR is hereby relieved of any liability if unable to meet responsibilities of the contract because of "Act of God", riots, epidemics, strikes or any act or order of public authority, any other cause similar or dissimilar beyond the control of the SPONSOR, the SPONSOR shall not be held responsible if, through an "Act of God", or condition beyond its control, it is unable to provide a hall on the date and time when the engagement herein contracted for its schedule. Furthermore, if such acts or conditions occur, the SPONSOR is not liable for any damage which the ARTIST, his or her group, or representative might suffer.

7. INABILITY TO PERFORM If the artists arrives at the performance within a reasonable time prior to the scheduled performance under the influence of intoxicating beverages, narcotics or drugs, and as a result thereof, in the opinion of the SPONSOR, the ARTIST cannot render said performance within the reasonable expectations of the SPONSOR, then the SPONSOR shall consider this as a breach of contract on the part of the ARTIST.

8. NON-CONTRACT ITEMS The SPONSOR shall not be responsible for any rules, regulations, or policies of any organization mentioned in this contract which are not specifically stated in said contract or its rider.

9. REPRODUCTION OF PERFORMANCE The SPONSOR agrees to prevent, to best of it's ability, the filming, broadcasting, recording or production or reproduction by radio, television, or any other device, of the performance(s) without written permission of the ARTIST. SPONSOR shall, however, retain the right to photograph the performance for publication in student publications, including, but not limited to the yearbook, the student newspaper, and the sponsor's publications.

10. MERCHANDISE SALES The ARTIST may have the right to sell merchandise prior to, during, and after the performance upon written permission to do so by the SPONSOR. All sales are subject to a house percentage which will be negotiated by the SPONSOR and collected at the conclusion of sales in the form of United States currency or as otherwise agreed to by both parties. The house percentage for this show has been set at ______% of all net sales. The ARTIST is responsible for all taxes concerning the sale of merchandise.

11. CONCESSIONS The SPONSOR will have the right and authority to sell concessions (food items) with the SPONSOR retaining all profit from sales of said concessions.

12. TRANSPORTATION AND LODGING All transportation and lodging shall be the sole responsibility of the ARTIST or ARTIST'S representative unless otherwise specified in this contract or rider. If the SPONSOR, at any time, provides local transportation for the ARTIST, the ARTIST'S entourage, and/or ARTIST'S representative; the ARTIST, the ARTIST'S entourage, and/or ARTIST'S representative hereby release and forever discharges the SPONSOR of and from liability, claims, actions and possible causes of action and whatsoever that may occur to the ARTIST, ARTIST'S entourage, and/or ARTIST'S representative or heirs of the same from every and any loss, damage and injury (including death) that may be sustained by the ARTIST, the ARTIST'S entourage, and/or ARTIST'S representative and property of the same during the course of said transportation.

13. DISPUTE RESOLUTION Any disputes or disagreements shall be negotiated between the ARTIST or ARTIST'S representative and the SPONSOR. If a settlement cannot be reached, either party may pursue any rights to which they may be legally entitled.

14. DELAY OF PERFORMANCE The SPONSOR reserves the right to prorate and/or adjust the cost of services rendered, or to cause this contract to be null and void if in it's judgement undue delays, regardless of cause, on the part of the ARTIST and/or any and all of his or her employees or representatives, effect a time later than that herein stipulated for the commencement of the services herein contracted.

15. ARTIST'S TECHNICAL RIDER In order to provide the highest quality production of this performance, a current ARTIST'S technical rider should be attached and made part of this contract. If the ARTIST, ARTIST'S entourage, or ARTIST'S representative make any changes in the technical requirements after the SPONSOR signs this contract, the SPONSOR reserves the right to renegotiate the terms of the agreement, including the right to cancel if unreasonable changes are required. In all cases, the ARTIST'S technical rider should be delivered to the SPONSOR no later than two (2) weeks prior to the engagement.

16. HUMAN RIGHTS STATEMENT The ARTIST and SPONSOR dually agree and warrant that in the performance of this contract they will not discriminate against any person or group or persons on the grounds of race, sex, religion, color, sexual orientation, disability, age or national origin in any manner prohibited by the laws of the United States and/or the laws of the Commonwealth of Kentucky.

17. BREACH OF CONTRACT If the ARTIST breaches this contract, for whatever reason, the performance is put in jeopardy and subject to cancellation by SPONSOR; with the ARTIST liable for out-of- pocket expenses suffered by the SPONSOR. ARTIST will pay these expenses in full, within thirty (30) days of said breach, to SPONSOR.

18. RETURN AND MODIFICATION OF CONTRACT The SPONSOR has issued this contract and contract rider(s) with SPONSOR'S signatures. Any changes in either the contract or the contract rider(s) by ARTIST or ARTIST'S representative must be agreed to, in writing, by SPONSOR with both the ARTIST or ARTIST'S representative and the SPONSOR initialing all changes herein. The action of issuing a contract and contract rider(s) is considered an offer to enter into an agreement on the terms stated herein. If the fully executed contract and contract rider(s) are not returned to the SPONSOR on or before the ______day of ______, 19____, this offer shall be null and void unless otherwise agreed to in writing by both parties.

19. LOCAL CODES, LAWS & REGULATIONS Artist agrees to comply with all applicable codes, laws, and regulations during the terms of this agreement, including but not limited to, those relating to the consumption or possession of alcoholic beverages and those regulating fire, health and safety conditions affecting the sponsor and the premises of the performance hereunder.

20. DEPOSITS The University of Louisville does not make advance payment(s) or deposit(s) prior to the completion of services herein.

21. MUSIC LICENSES The University of Louisville is a licensee of ASCAP and BMI as an Institution of Higher Education. 22. INDEMNIFICATION Artist shall indemnify and hold Sponsor, it's employees and agents harmless from and against any damage, costs, loss, or expense (including damage to property and to the Artist's equipment and legal fees) incurred in connection with or as a result of any claim made by a third party, which claim relates in any way to the performance of this contract by Artist. perfcon.doc (04/01/92)