ࡱ> orn IbjbjLALA H|.+g.+g@R R 80D7>7777777$9<&7&7XX4;7 jXX7 7 23X@ @26Q70726<:<,3<3vT VD<&7&7LB7<R X : FLORIDA ATLANTIC UNIVERSITY Performance Contract This Performance Contract (Contract) is hereby entered into as of the last date signed by the parties below (the Effective Date) made by and between The 鶹ƷƵ Board of Trustees (FAU) and [ARTIST] (Artist). 鶹ƷƵand Artist mutually agree to the following terms and conditions: Performance Details: Nature of program (lecture, concert,etc.): [Insert] Description of Program: [Insert] Performance days and dates: [Insert] Performance location: [Insert] Performance time(s): [Insert] Length of performance(s): [Insert] ARTIST to arrive at performance location by: [Insert] Total compensation: [Insert] all inclusive Check to be made payable to: [Insert name and address] Terms and Conditions: No stipulation, clause, or condition in the Contract shall create an agency or employer and employee relationship between 鶹ƷƵand the ARTIST, ARTIST representative, or any other person or corporation. Therefore, the ARTIST is at all times an independent contractor having complete supervision, direction, and control over the performance as well as legal responsibility for it. In the event 鶹ƷƵowes payment to ARTIST, ARTIST shall submit bills for compensation for goods, services and/or expenses in detail sufficient for a pre-and post-audit. Each bill or invoice must clearly identify the services, portion of services, and expenses for which compensation is sought. If 鶹ƷƵdoes not issue payment within forty (40) days of receipt of an acceptable invoice and receipt, and after inspection and acceptance of the goods, services or both, as provided in accordance with the terms and conditions of the Contract, 鶹ƷƵmay pay ARTIST an interest penalty at the rate established pursuant to 55.03(1), F.S. Should ARTIST experience payment problems, ARTIST may contact the Vendor Ombudsman at (561) 297-3693. Invoices which have been returned because of ARTISTs preparation errors will result in delay in payment. The invoice payment requirements do not commence until a properly completed invoice is provided to FAU. 鶹ƷƵis a tax immune sovereign and exempt from the payment of sales, use or excise taxes. ARTIST is responsible for and shall pay any taxes due under the Contract. 鶹ƷƵshall not make any deposits or prepay any amounts; any deposits are refundable. 鶹ƷƵhas the right to tape and/or record the performance; however, such tapes or recordings shall only be used for archival and/or educational purposes for the benefit of FAUs students, faculty and staff. The engagement herein contracted must be conducted in compliance with 鶹ƷƵrules, policies and procedures and must comply with all laws and statutes of the of the State of Florida. The Contract shall be subject to cancellation by 鶹ƷƵupon 30 days written notice to ARTIST. A termination penalty may not be charged to FAU. 鶹ƷƵshall be liable only for payment for service rendered prior to the effective date of termination. If the Contract and these Terms & Conditions are signed only by the Agent manager, the Agent/Manager warrants that he/she is duly authorized to act for and on behalf of ARTIST and that he/she is authorized to enter into these Terms & Conditions and the Contract and that the Agent/Manager and ARTIST are jointly and severally liable for any breach of these Terms & Conditions and the Contract. In signing these Terms & Conditions and the Contract, authorized representatives of 鶹ƷƵdo not assume any personal liability or responsibility for this engagement or the performance. The intentions of the parties herein named and their respective obligations shall be ascertained from this Contract and 鶹ƷƵshall have no obligation to adhere to or have knowledge of the constitution, bylaws, rules or regulations of any union. Union fees and welfare and insurance obligations are a part of the cost of production included in the compensation specified in this Contract and therefore 鶹ƷƵassumes no responsibility for the payment of these obligations. To the extent provided under Section 768.28 of the Florida Statutes, 鶹ƷƵassumes any and all risks of personal injury and property damage, deprivation, or infringement (including, but not limited to, intellectual property) attributable to the negligent acts or omissions of 鶹ƷƵand its officers, employees, servants, and agents while acting within the scope of their employment. Nothing contained herein or in any term or condition contained within the Contract or any sub-contract referenced shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the University, the State of Florida or their officers, employees, servants, agents, agencies, or public bodies corporate to be sued; (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in section 768.28 of the Florida Statutes; or (4) the consent of the University, the State of Florida or its officers, employees, servants, agents, agencies, or public bodies corporate to the jurisdiction or authority of any laws, forum or court outside the State of Florida; and any such term or condition purporting to do so shall be null and void and of no force or effect. ARTIST assumes any and all risk of personal injury and property damage attributable to the willful or negligent acts or omissions of ARTIST and its own officers, employees and other agents. ARTIST also assumes such risk with respect to the willful or negligent acts or omissions of persons subcontracting with ARTIST or otherwise acting or engaged to act at the instance of ARTIST in furtherance of ARTIST's obligations under this Contract. ARTIST agrees to indemnify and hold free and harmless, and defend the State of Florida, the Board of Trustees, 鶹ƷƵ and their officers, employees and agents, from and against any and all actions, claims, liabilities, assertions of liability, losses, costs and expenses, including attorneys fees, which in any manner directly or indirectly may arise or be alleged to have arisen, or resulted or alleged to have resulted from the presence, activities and promotions of every kind and nature of ARTIST or its officers, employees, agents and contractors, in connection with this Contract, specifically including claims for infringement or misappropriation of a copyright, patent, trade secret or other third party proprietary right. ARTIST may not, without the advance written approval of FAU, assign any right or delegate any duties under this Contract, nor may it transfer, pledge, surrender or otherwise encumber or dispose of its interest in any portion of this Contract. Failure to exercise or delay in exercising any right, power or remedy accruing to 鶹ƷƵon any breach or default of ARTIST shall not impair any such right, power or remedy, or be construed as a waiver of any such breach or default or of any similar breach or default occurring; nor shall any waiver of any single breach or default be construed as a waiver of any other breach or default occurring. ARTIST contact information is as follows: Name: Address: Telephone: Florida law requires that all contractual agreements for services contain the following provisions: 鶹ƷƵhas the right to cancel this Contract if the ARTIST does not allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the ARTIST in conjunction with this Contract. If the Contract is for services and the Vendor is acting on behalf of the University, the Vendor further agrees to: (i) keep and maintain public records that ordinarily and necessarily would be required by the University in order to perform the service, (ii) provide the public with access to public records on the same terms and conditions that the University would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law, (iii) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, and (iv) meet all requirements for retaining public records and transfer, at no cost, to the University all public records in possession of the Vendor upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the University in a format that is compatible with the information technology systems of the University If 鶹ƷƵis obligated to pay for ARTISTs travel, as detailed on the front page of this Congtract, then bills for travel expenses shall be submitted and paid in accordance with Section 112.061, Florida Statutes. This Contract is subject to the laws of the State of Florida. In addition, FAUs performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature. 鶹ƷƵacknowledges, in accordance with 鶹ƷƵregulations, the ARTIST is engaged for the purpose of presenting a public performance in accordance with FAUS Agency responsibility to do so and that 鶹ƷƵacknowledges that it has determined that this Agency responsibility could be met in no other way than to engage ARTIST for this production and that ARTIST was selected in accordance with Agencys policies and procedures. In accordance with Section 112.3185, Florida Statutes, ARTIST certifies that to the best of his knowledge and belief no individual employed by him or subcontracted by him has an immediate relation to any employee of 鶹ƷƵwho was directly or indirectly involved in the procurement of said services. Violation of this section by ARTIST shall be grounds for cancellation of this Contract by FAU. 鶹ƷƵmust be notified of Artists intent to have items sold at least 3 days in advance of engagement. FAU, as a public body corporate, warrants and represents that it is self-funded for liability insurance, with said protection being applicable to officers, employees, servants, and agents while acting within the scope of their employment by FAU. Any provision requiring 鶹ƷƵto provide or acquire insurance coverage other than such self-insurance shall not be effective. Artist shall have and maintain the types and amounts of insurance that, at minimum, will cover Artists (or subcontractors) exposure under the Contract. To the extent applicable, in accordance with state and federal election laws, regulations and guidelines, public officials visiting an 鶹ƷƵcampus for nonpartisan events or functions sponsored or hosted by 鶹ƷƵshall comply with the following guidelines: (i) All appearances, questions/answers sessions, speeches or similar communications should be made in an academic setting and should not involve any campaign speeches, rallies or events; (ii) Campaigning, including fundraising, is prohibited; (iii) A nonpartisan atmosphere must be maintained in the premises; and (iv) If the public official is also a candidate for an upcoming or future election: (A) The public official shall appear and speak in a non-candidate capacity; (B) The public official shall appear and speak for reasons other than his or her candidacy; (C) The public official shall not refer to his or her own candidacy or that of any other candidate in his or her speech; (D) The public officials campaign staff shall not be permitted to solicit campaign contributions or campaign support; (E) Neither the public official or his/her staff will be permitted to coordinate or encourage the display of campaign banners or decorations or encourage distribution of the public officials campaign materials; (F) Any communications of the public official related to the public officials attendance at the event, before, during or after the event, shall clearly indicate the capacity in which the public official is appearing or appeared and should not mention the candidacy or the upcoming election; and (G) Any communication of the public official related to the public officials attendance at the event, before, during or after the event, shall not insinuate, imply or suggest the appearance of FAUs support or opposition of the public official in his/her capacity as a candidate. No default, delay or failure to perform shall be considered a default, delay or failure to perform otherwise chargeable, hereunder, if such default, delay or failure to perform is due to causes beyond either partys reasonable control, such as proven sickness or injury, civil tumult or riot, epidemics, or acts of God (Force Majeure Conditions). Failure or delay of transportation shall not be considered a Force Majeure Condition. In the event of such default, delay or failure to perform due to a Force Majeure Condition, any date or times by which either party is otherwise scheduled to perform shall be extended automatically for a period of time equal in duration to the time lost by reason of the excused default, delay or failure to perform. Artist must notify 鶹ƷƵimmediately of any reason which might result in Artists failure to perform on the scheduled date. 鶹ƷƵreserves the right to approve/substitute any other Artist for Artist in the event that Artist is not able to perform as scheduled. In the event that ARTIST is not ready to perform at curtain time, or if any performing member(s) is/are not present, or if ARTIST arrives at the performance site in such a condition as to appear to FAUs representative incapable of performing in a reasonably acceptable manner, then ARTIST shall be deemed to have committed a material breach of this Contract and 鶹ƷƵshall have the absolute right in its sole discretion to cancel the performance or terminate the performance in progress, and to refuse payment accordingly. 鶹ƷƵis not liable for the acts of third parties or the consequences of the acts of third parties. There shall be no third-party beneficiary to the Contract. 鶹ƷƵshall not be subject to, nor shall it be required to adhere to, the terms of any third party agreements. ARTIST represents and warrants that this Contract has been duly authorized, executed and delivered by and on behalf of the ARTIST and constitutes the valid, binding and enforceable agreement in accordance with the terms hereof. If this Contract is signed by the ARTISTs agent or representative, such agent or representative represents and warrants that he/she is duly authorized to act for and on behalf of the ARTIST, that he/she is authorized to enter into this Contract, and that the agent and/or representative and ARTIST shall be jointly and severally liable for any breach of this Contract. This Contract shall be interpreted and the rights of the parties determined according to the laws of the State of Florida. Exclusive venue of any actions shall be in the state courts of Palm Beach County, Florida. 鶹ƷƵis entitled to the full benefits of sovereign immunity. This Contract may be signed electronically and shall be considered signed if/when a partys signature is delivered by facsimile or e-mail transmission of a .pdf format date file, including via DocuSign. Such signature shall be treated in all respects as having the same force and effect as an original signature. This Contract shall constitute the complete and final agreement of the parties hereto thereby superseding all other contracts, memoranda, or agreements, whether written or oral, which pertain to the subject matter of the Contract. Any modification to the Contract must be in writing and signed by the parties hereto. Any conflicts in the terms of the Contract, any Riders or Attachments or Exhibits shall be resolved such that the Contract shall govern in all cases. Special Provisions: NA Accepted and Agreed as of the Effective Date: ARTIST: FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES ______________________________ By: __________________________________ By: ___________________________________ Name:________________________________ Name: ________________________________ Title: _________________________________ Title: _________________________________ Date:__________________________________ Date:__________________________________ ARTISTs AGENT OR MANAGER By: __________________________________ Name:________________________________ Title: _________________________________ Date:__________________________________     PAGE  Updated 4-18-19 Page  PAGE \* Arabic \* MERGEFORMAT 1 of  NUMPAGES \* Arabic \* MERGEFORMAT 5 Updated 4-18-19 Page  PAGE \* Arabic \* MERGEFORMAT 1 of  NUMPAGES \* Arabic \* MERGEFORMAT 2 )+1238CHLNOWZ]cdw˿|m^mTh1B*CJphhbWhbr5B*CJphhbWh15B*CJphhbWhe15B*CJphhbW5B*CJphhY6B*CJphhbWB*CJphhe1B*CJphhr\XB*CJphh1>*B*CJphhr\X5>*B*CJphh15>*B*CJphh15B*CJphh1B*CJOJQJph 23f g } ~ # $ D $h^ha$gd $h@&^ha$gd $h@&^ha$gdFX$ & Fh@&^ha$gd$ & Fh^ha$gdlb$a$gd * $@&a$gd *$a$gd *@&gd *           # ( . / d f g z | } ~ 뿱맖zzj`VLVhlbB*CJphhRnB*CJphhB*CJphhlbhe15;B*CJphhlbh5;B*CJphhe16B*CJph hY6hY6;B*CJaJphhY6B*CJphhbW;B*CJaJph hY6h1;B*CJaJphh|B*CJph h85>*hbrB*CJphhbWB*CJphh1B*CJph     " # $ ; C D E _ ` h i j ˿􅟵{lh8h8>*B*CJphh8B*CJphh8hRnB*CJphhChRnB*CJphhRn>*B*CJphhlbB*CJphhRnB*CJphhFX>*B*CJphhFXhFXB*CJphhFXhFX>*B*CJphhFXhRnB*CJphh8>*B*CJph&D E i j " upgd$ & F hh@&^ha$gdlb@&gdRn & Fh@&^hgd $h^ha$gd$ & Fh@&^ha$gd$a$gdRn$ & F 8@&a$gd$ 8@&^`a$gd $ & F@&a$gd $@&a$gdRn      ! 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