RIDER TO SPEAKER AGREEMENT
By and between: Grassroots Films, 119 Eagle Street, Brooklyn, New York 11222 (EIN or
SSN___________________________________) (“Speaker”) and PACE UNIVERSITY, One Pace Plaza, New York,
New York (“Pace”).
Re: Screening of the film The Human Experience at Pace University’s Schimmel Theater on February 7, 2011
Dated: October 20, 2010
Notwithstanding anything to the contrary contained in the Agreement:
Speaker agrees to the following payment terms:
1. Speaker 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 [Enter title of primary Pace program
administrator], 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.
2. Speaker acknowledges that the services to be rendered under the terms hereof, are of a special, unique and
extraordinary character and may not be assigned.
3. Pace shall at all times have complete control of the services that the Speaker, its subcontractors and agents render
under the specifications of this contract.
4. Speaker will provide all necessary equipment, including but not limited to musical instruments, costumes, props,
audio visual aids, demonstration media, fixtures, stage sets, and devices.
5. 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.
6. Representations and Warranties. Speaker hereby represents and warrants to Pace that Speaker owns or lawfully
controls any and all intellectual property it may convey to Pace or publicly perform and/or display during Speaker’s
provision of services to Pace under the Agreement.
6. Indemnity. The Speaker 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 associated costs, expenses, and reasonable attorneys’ fees incurred on
account thereof, that may be asserted by the Speaker’s employees, employees of the Speaker’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 the Speaker’s use of Pace facilities and/or its performance or nonperformance of this Agreement. To
accomplish the foregoing, Speaker shall insert an appropriate provision into every subcontract it may enter into to
provide services hereunder.
7. Insurance. Where the Speaker requires the use of a vehicle in the performance of work under this Agreement, the
Speaker 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. the Speaker shall provide Pace
with evidence of such insurance upon request.
For Incorporated Speakers/Artists/Performers: In addition to Worker's Compensation, as required by law, the Speaker
shall carry Commercial General Liability insurance in the minimum amount of one million dollars ($1,000,000.00),
covering all of the Speaker’s activities related to this Agreement. The Speaker’s liability policies shall name Pace as an
additional insured. the Speaker 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 the
Speaker hereunder shall not constitute a limitation on the indemnification obligations of the Speaker.
For unincorporated Speakers/Artists/Performers: Speaker shall be responsible for her, his, or its own health, accident,
vehicle and other insurance.. Prior to the date of the performance hereunder, Speaker shall provide Pace with a
certificate of insurance evidencing the required insurance coverage.
8. Speaker 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’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.
9. Compliance With Laws and Pace Regulations. Speaker and the Speaker’s 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 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 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.
10. Force Majeure: Anything to the contrary notwithstanding, 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, including, but not limited to, such entity’s or authority’s denial of
visas, 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.
11. Termination: Notwithstanding anything to the contrary notwithstanding, Pace may terminate this Agreement
immediately for cause with notice to Speaker. For the avoidance of doubt, “cause,” as used in this paragraph 5, shall
include, but not be limited to, Speaker’s material failure to perform or to comply with any term or condition of this
Agreement, which failure shall not have been cured within a reasonable time.
12.. 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 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.
13. 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:
If to Pace University:
[TITLE AND CONTACT INFORMATION OF RELEVANT PACE STAFF MEMBER]
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.
14. The parties hereby expressly acknowledge and agree that, in the event of any conflict between the terms and
conditions of the Agreement and those of this Rider, the terms and conditions of this Rider shall govern and control.
ACCEPTED AND AGREED TO:
PACE UNIVERSITY
By: _____________________________ Date: _________________
Ron Aloni
Controller
[FULL LEGAL NAME OF SPEAKER]
By: _____________________________ Date: _________________
Name (please print):_________________________________
Title:______________________________________________