OFF-CAMPUS ACTIVITY AGREEMENT
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This Agreement is made by and between _________________ (hereinafter “Contractor”) and Ithaca College to
establish the terms and conditions for an off-campus activity (hereinafter “Activity”) for Ithaca College
students, faculty and/or staff members (hereinafter “Participants”).
Description of Activity
Duties and Responsibilities of Contractor
1. Contractor will provide necessary advance and onsite orientation and education for Participants to
ensure that they are prepared to engage in the Activity appropriately and safely.
2. Contractor shall provide all equipment as necessary for the Activity. If applicable, Contractor shall
provide or arrange lodging accommodations and travel arrangements for Participants as indicated in
Addendum should be detailed but not contain any legal terms or conditions. If in
an attached addendum.
doubt, contact the Office of the General Counsel at 274-3836.
3. All equipment and services provided by Contract under this Agreement shall conform to the
Agreement and meet the highest applicable standards of safety and quality.
4. Contractor certifies that it shall maintain all applicable licenses/certifications and comply with all
applicable laws, regulations, rules and policies.
5. Contractor shall provide to Ithaca College copies of all contracts, agreements or releases that
Participants may be required to sign as a condition of their participation in the Activity. Participants
shall not be required to sign legal documents that have not been reviewed and approved by Ithaca
College in advance of the Activity.
6. Contractor shall obtain and maintain in full force and effect the following insurance at its own
expense to cover activities of Contractor and its agents, subcontractors, and/or employees:
In order to
complete this
section you7.
must contact
Risk
Management
at 274-3285
for specific
insurance
limits that are
appropriate
for the
Activity.
Comprehensive Commercial General Liability insurance on an occurrence form, including broad
form blanket contractual liability coverage, for claims arising out of this Agreement for personal
injury, bodily injury, and property damage, with available limits not less than $_________________
combined single limit per occurrence and $2,000,000 general annual aggregate. All insurance
carriers shall be authorized in the State of New York, acceptable to Ithaca College, and with a
minimum rating of “A,” Class VIII in Best’s Key Rating Guide published by A.M. Best and Company,
Inc. The insurance may be provided in a policy or policies. The terms of all insurance provided by
Contractor shall be acceptable to Ithaca College. The limits of liability shall be as stated herein, unless
written approval is granted by Ithaca College for variance from those limits. Each insurance policy
required to be provided shall be endorsed to name as additional insured Ithaca College their
directors, members, officers, employees and all other persons or entities as may be reasonably
required by Ithaca College. The coverage afforded the additional insured under these policies shall
be primary insurance. If the additional insured has other insurance, which is applicable to the loss,
such other insurance shall be on an excess, secondary and non-contributory basis. Contractor shall
furnish to Ithaca College a certificate of insurance evidencing all insurance as required herein and
contain a provision the coverage and limits of liability afforded under the policies shall not be
materially altered, non-renewed, canceled, reduced or allowed to expire without thirty (30) days
prior written notice to the certificate holder.
8. Contractor shall indemnify, defend, and hold harmless Ithaca College, its Board of Trustees, officers,
agents, students and employees, from and against any and all liabilities, claims, losses, lawsuits,
judgments, and expenses including attorney fees, arising, either directly or indirectly, from any
negligent act or omission of Contractor or any of its officers, employees, or agents.
Duties and Responsibilities of Ithaca College
It is very important to be as specific as possible with regard to amounts due
and payment schedule. If deposits or partial payments will be made in
advance, be clear about what happens to those funds in the event the
Agreement is terminated before the Activity takes place.
1. Upon receipt of an invoice, Ithaca College shall pay Contractor as follows:
2. Ithaca College shall further advise Participants that they may be required by Contractor to sign a
release or other legal document as a condition of their participation in the Activity. This provision
applies only to legal documents that have been reviewed and approved by Ithaca College in advance
of the Activity. Submit student release for legal review if it contains language limiting Contractor’s liability for its
own negligence. If in doubt, give us a call.
Mutual Terms and Conditions
1. This Agreement shall be governed by the laws of New York without regard to, or the application of,
New York State’s choice of law provisions. The parties agree that any litigation arising out of this
Agreement shall be filed in the Supreme Court of the State of New York in Tompkins County and
waive any objections to jurisdiction in that court.
2. This Agreement contains all the terms between the parties and may be amended only in writing
signed by both parties. If any provision of this Agreement shall be determined to be void, invalid,
unenforceable or illegal for any reason, it shall be ineffective only to the extent of such prohibition
and the validity and enforceability of all the remaining provisions shall not be affected thereby.
3. This Agreement shall not be construed to create a relationship of partners, brokers, employees,
servants or agents as between the parties. The parties to this Agreement are acting as independent
Contractors. Neither party to this Agreement shall have the right to assign any duty or responsibility
arising hereunder without the written consent of the other party.
4. Either party may terminate this Agreement on written notice to the other party received at least _____
days in advance of the desired date of termination. In the event that the performance of any part of
this Agreement is prevented by acts of God, inclement weather, the acts and regulations of public
authorities, strike, civil tumult, war, epidemic, interruption or delay of transportation service, hostile
foreign action, nuclear explosion, or any cause beyond the reasonable control of either party, both
parties shall be relieved of their obligations hereunder with respect to this Agreement and shall be
under no obligation to reschedule the Activity so prevented.
5. Any notice to either party hereunder must be in writing signed by the party giving it, and shall be
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served either personally or by U.S. First Class, registered or certified mail, or by overnight or
expedited delivery service, addressed as follows:
To Ithaca College:
_________________________________
_________________________________
_________________________________
Contact information should be provided for the individuals
responsible for planning the Activity, not necessarily the signatory.
To Contractor:
_________________________________
_________________________________
_________________________________
or to such other addressee as may be hereafter designated by written notice. All such notices shall be
effective only when received by the addressee.
This Agreement shall become effective upon approval and signature by the authorized signatories
of the parties to this Agreement.
CONTRACTOR:
Date:
Name
Title
ITHACA COLLEGE:
Date:
Name
Title
Signatory for Ithaca College must be president or vice-president
unless Delegation of Signatory Authority form is on file in the Office
of the General Counsel.
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