W I T N E S S E T H
WHEREAS the Institution desires to purchase and the Contractor desires to provide certain entertainment services, the parties hereby agree to the terms and conditions set forth herein.
1.The Contractor will provide entertainment consisting of _________________________.
2.The entertainment will be provided at Institution’s facilities located at _______________.
3.Entertainment performance will begin at __________________________.
4.Institution will provide additional access to its facilities as follows: access to theatre and dressing rooms as agreed upon in attached contract addendum.
5.Institution will be responsible for providing the following equipment/services: sound, lighting and electrical service as required.
6.The Contractor will be responsible for providing the following equipment/services: (sound, lighting, security, etc.)
7.Institution shall make payment to the Contractor by University check in the amount of __________; made payable to ________ (EIN______________) upon completion of the entertainment performance.
8.The Institution shall be responsible for any applicable amusement or sales tax.
9.The Contractor warrants that no part of the total contract amount provided herein shall be paid directly or indirectly to any officer or employee of the State of Tennessee as wages, compensation, or gifts in exchange for acting as officer, agent, employee, subcontractor, or consultant to the contractor in connection with any services performed relative to this contract. The Contractor further warrants that within the past six months he has not been and during the terms of this contract will not become an employee of the State of Tennessee.
10.The Institution reserves the right to interrupt or terminate the entertainment, or any portion thereof, if during the entertainment performance, the Institution determines, in its sole discretion, that such action is warranted to maintain security or compliance with Federal, State or local laws or regulations of Tennessee Board of Regents policy. Such action, in and of itself, shall not affect the Institution’s obligation for payment under the terms of this contract; provided, however, that payment may be withheld if such interruption or termination is necessary due to a failure by the Contractor to observe Institution policies of which it has been informed.
11.The Contractor agrees to assume full responsibility for payment of any and all copyright royalties due for the entertainment performance provided hereunder. The Contractor further agrees to assume full responsibility for any copyright infringement which occurs during the course of said performance and agrees to indemnify and hold the Institution harmless from any and all liabilities and damages arising out of any action for copyright infringement.
12.No person on the grounds of race, color, religion, sex, creed, age, disability, national origin, or veteran status will be excluded from participation in, or be denied benefits of, or otherwise be subjected to discrimination in the performance of this agreement or in the employment practices of the Contractor.
13.The Contractor shall maintain documentation for all charges against the Institution under this Agreement. The books, records, and documents of the Contractor, insofar as they relate to work performed or money received under this agreement, shall be maintained for a period of three full years from the date of the final payment, and shall be subject to audit, at any reasonable time and upon notice, by the Institution or the Comptroller of the Treasury, or their duly appointed representatives.
14.The undersigned agent on behalf of the Contractor, warrants that he/she has the authority to execute this agreement on behalf of the performing artists and further warrants that the performing artists have agreed to be bound by the terms and conditions stated herein.
15.Any and all claims against the Institution for personal injury or property damage resulting from the negligence of the Institution in performing any responsibilities specifically required under the terms of the agreement shall be submitted to the Claims Commission of the State of Tennessee in the manner prescribed by law. Damages recoverable against Institution shall be limited expressly to claims paid by the Claims Commission pursuant to T.C.A. Section 9-8-301 et seq.
IN WITNESS THEREOF, the parties, through their authorized representatives, have affixed their signatures below.
MIDDLE TENNESSEE STATE UNIVERSITY CONTRACTOR
John W. Cothern, Vice President
Business & Finance