STANDARD [SPEAKER] [ARTIST] [PERFORMER]/ARTIST/PERFORMER CONTRACT
By and between:
Name: _________________________________________________ (“[SPEAKER] [ARTIST]
[PERFORMER]”)
Address and Phone: _________________________________________________
EIN or SSN: _______________________________________________________
and PACE UNIVERSITY, One Pace Plaza, New York, NY (“Pace”)
Re: _______________________________________________ (“Event”)
[SPEAKER] [ARTIST] [PERFORMER] and Pace hereby agree to the following terms and conditions
(“Agreement”):
1.
Date(s):_____________________________________________
2.
Location(s):__________________________________________
3.
Duties: [SPECIFY TOPIC/NATURE OF ENGAGEMENT] (the “Work”)
4.
Compensation:___________________________________________________________________
5.
[SPEAKER] [ARTIST] [PERFORMER] shall not be entitled to any compensation in the event of
a failure or refusal to perform services hereunder, whether because of illness, accident or
otherwise. Due notice in writing by certified mail, return receipt requested, of inability to perform
services must be received by Pace, attention Robert Lazer, Director, Organizational Learning and
Development, at least two days prior to date of performance. In the event of such failure to
perform, all moneys paid to Artist by Pace shall be returned to Purchaser.
6.
It is understood and agreed between the parties that this Agreement is not intended to nor does it
create an employment contract between Pace, on the one hand, and [SPEAKER] [ARTIST]
[PERFORMER] and any of its employees, on the other, nor does it create a joint relationship or
partnership between the parties hereto. Neither [SPEAKER] [ARTIST] [PERFORMER] nor its
employees are entitled to benefits that Pace provides for Pace employees.
7.
[SPEAKER] [ARTIST] [PERFORMER] acknowledges that the services to be rendered under the
terms hereof, are of a special, unique and extraordinary character and may not be assigned.
8.
Pace shall at all times have complete control of the services that [SPEAKER] [ARTIST]
[PERFORMER], subcontractors and agents render under the specifications of this contract.
9.
[SPEAKER] [ARTIST] [PERFORMER], will provide all necessary equipment, including but not
limited to musical instruments, costumes, props, audio visual aids, demonstration media, fixtures,
stage sets, and devices.
10. Any and all publicity by means of poster, newspaper, radio, television or otherwise, shall be at the
sole discretion and control of the Director of Marketing and Communications, and is subject to
any rules and regulations formulated by Pace.
11. [SPEAKER] [ARTIST] [PERFORMER] agrees to defend, indemnify, and hold harmless Pace
University, its successors and assigns, and their respective employees and agents to the fullest
extent permitted by law from and against any and all claims or demands whatsoever, including
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associated costs, expenses, and reasonable attorneys’ fees incurred on account thereof, that may be
asserted by [SPEAKER] [ARTIST] [PERFORMER]’s employees, employees of [SPEAKER]
[ARTIST] [PERFORMER]’s subcontractors or agents, or any other persons for loss, damage,
death, or injury to persons or property arising in any manner out of or incident to [SPEAKER]
[ARTIST] [PERFORMER]’s use of Pace facilities and/or its performance or nonperformance of
this Agreement. To effect the foregoing, [SPEAKER] [ARTIST] [PERFORMER] shall insert an
appropriate provision into every subcontract they may enter into to provide services hereunder.
12. Where [SPEAKER] [ARTIST] [PERFORMER] requires the use of a vehicle in the performance
of work under this Agreement, [SPEAKER] [ARTIST] [PERFORMER] shall, at all times during
the term hereof and at its own expense, keep in full force and effect automobile insurance, in
amounts acceptable to Pace, for property damage, bodily injury or death. [SPEAKER] [ARTIST]
[PERFORMER] shall provide Pace with evidence of such insurance upon request.
For Incorporated [SPEAKER] [ARTIST] [PERFORMER]s: In addition to Worker's
Compensation, as required by law, [SPEAKER] [ARTIST] [PERFORMER] shall carry
Commercial General Liability insurance in the minimum amount of one million dollars
($1,000,000.00), covering all of [SPEAKER] [ARTIST] [PERFORMER]’s activities related to
this Agreement. [SPEAKER] [ARTIST] [PERFORMER]’s liability policies shall name Pace as an
additional insured. [SPEAKER] [ARTIST] [PERFORMER] shall provide Pace with certificates of
insurance evidencing the aforesaid coverage, prior to commencing Work pursuant to this
Agreement. The amounts of insurance required to be obtained by [SPEAKER] [ARTIST]
[PERFORMER] hereunder shall not constitute a limitation on the indemnification obligations of
[SPEAKER] [ARTIST] [PERFORMER].
For unincorporated [SPEAKER] [ARTIST] [PERFORMER]s: [SPEAKER] [ARTIST]
[PERFORMER] shall be responsible for her, his, or its own health, accident, vehicle and other
insurance.. Prior to the date of the performance hereunder, [SPEAKER] [ARTIST]
[PERFORMER] shall provide Pace with a certificate of insurance evidencing the required
insurance coverage.
13. [SPEAKER] [ARTIST] [PERFORMER] agrees to waive all rights, claims and causes of action
arising from pictures, newspaper accounts, recordings and other reproductions that Pace may make
of [SPEAKER] [ARTIST] [PERFORMER]’s performance or display, provided that Pace's use of
same shall be restricted to such activities as are permitted by law for non-profit education
corporations.
14. [SPEAKER] [ARTIST] [PERFORMER] and their contractors, employees and agents shall comply
with all pertinent federal, state and local statutes, codes and regulations, and their contractors,
employees and agents shall obtain and maintain in full force and effect, all necessary permits,
licenses and authorizations required by governmental and quasi-governmental agencies.
[SPEAKER] [ARTIST] [PERFORMER] shall advise Pace of all permits and licenses required to
be obtained in Pace’s own name for the services to be provided herein, and shall cooperate with
Pace in obtaining same. [SPEAKER] [ARTIST] [PERFORMER] shall be responsible to ensure
that its employees, agents and contractors abide by all Pace University rules, regulations and
policies, including but not limited to security rules and regulations.
15. Either party may terminate this Agreement with written notice to the other party. [SPEAKER]
[ARTIST] [PERFORMER] hereby acknowledges and agrees that, notwithstanding anything to the
contrary contained, in the event of such termination, Pace shall only be liable for, and
[SPEAKER] [ARTIST] [PERFORMER] agrees only to retain, payment of the portion of the fee
earned as a result of Work actually and satisfactorily performed through the effective date of
termination.
16. Except as may be preempted by federal law, this Agreement shall be governed by the laws of the
State of New York, without regard to its choice of law principles. Litigation of all disputes
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between the parties arising from or in connection with this Agreement shall be conducted in a
court of appropriate jurisdiction in the State of New York, County of New York.
17. All notices or communications required or permitted to be given under this Agreement shall be in
writing and hand delivered or mailed by certified or registered mail (such notice being deemed
given when mailed) to the following:
If to [SPEAKER] [ARTIST] [PERFORMER]: Alexander Grashow c/o Cambridge Leadership
Associates _______________________________.
If to Pace University:
[NAME, TITLE, AND PACE ADDRESS OF APPROPRIATE PACE ADMINISTRATOR]
with simultaneous copies to:
Senior Vice President for Finance
Pace University
One Pace Plaza
New York, NY 10038
and
Pace University Counsel
One Pace Plaza
New York, NY 10038.
18. Force Majeure. Notwithstanding anything to the contrary contained in this Agreement, Pace shall
not be liable, nor shall any credit or other remedy be extended, for Pace’s failure, in whole or in
part, to fulfill its obligations under this Agreement where such failure arises from or in connection
with causes beyond Pace’s control, including, but not limited to, acts of God, flood, extreme
weather, fire or other natural calamity, terrorist attack, any law, order, or regulation or action of
any governmental entity or civil or military authority, power or utility failure, cable cuts,
unavailability of rights-of-way, national emergencies, riots, wars, strikes, lock-outs, work
stoppages, or other labor difficulties (each a “Force Majeure Event”). If a Force Majeure Event
occurs during the term hereof, Pace shall be excused from performance hereunder.
ACCEPTED AND AGREED TO
_________________________________________________________________
[NAME, TITLE, AND ADDRESS OF [SPEAKER] [ARTIST] [PERFORMER]]
PACE UNIVERSITY
By: _____________________________ Date: _________________
Ron Aloni
Controller