ROCHESTER INSTITUTE OF TECHNOLOGY/
([DEPARTMENT OR ORGANIZATION])
AND
([ARTIST, COMPANY, etc.])
CONTRACT (or Contract Rider)
ARTIST: [NAME OF ARTIST]
AGENT/AGENT: [AGENT NAME]
DATE OF PERFORMANCE: [DATE OF PERFORMANCE]
PERFORMANCE TIME: [TIME OF PERFORMANCE]
NO. OF SETS: [NUMBER OF SETS ARTIST IS EXPECTED TO PLAY]
LENGTH OF SET: [MINIMUM TIME FOR EACH SET]
PLACE OF PERFORMANCE: [LOCATION WHERE EVENT WILL TAKE PLACE]
FEE: $ [AMOUNT AGREED UPON]
This contract recorded on [Today’s Date] constitutes an agreement between Rochester Institute of Technology
[Sponsoring Department] (hereafter referred to as "Purchaser") and Artist (hereafter referred to as "Artist") and states
terms of the agreement pending that said agreement is signed by the Artist or his Representative and returned to
Purchaser on or before [Date two weeks in advance of performance]. At that time, this offer shall be automatically
withdrawn without further notice and this contract shall be completely null and void unless otherwise agreed to in writing
by both parties.
1.
The Purchaser will make no deposits or advance payments as part of this contract.
2.
The Purchaser will make payment by College check. No other method of payment will be used unless agreed to in
writing at least one month prior to the date of the performance. Rochester Institute of Technology requires that the
name, address and social security number or federal tax I.D. number of the individual or corporation be submitted
for payment. This information must be submitted at least ten working days in advance in order to guarantee
payment on time. Please fill in the information required below:
Payment Information:
Name:
Address:
3.
In accordance with the policy of the Rochester Institute of Technology College Union Association, Artist's
payment will be made by two school checks each for fifty per cent of fee. The first check will be presented upon
arrival as a good faith gesture in light of the waived deposit. If all conditions of the contract are fulfilled, the
second check will be presented immediately after the performance. If all conditions of the contract are not
fulfilled, the second check will be held and the contract renegotiated according to the violation with the Artist's
Representative or Agent.
4.
If a rehearsal is not required, the Artist must make his/her whereabouts known to the Purchaser 60 minutes prior to
the scheduled performance time and must be at the performance site at least 30 minutes prior to the scheduled start
of the performance. ARTISTS ARE EXPECTED TO BEGIN ON TIME.
5.
The Artist shall limit his/her break time to no more than twenty (20) minutes per performance period, such "break
times" not to be consecutive.
6.
Union fees, welfare, and insurance obligations are a part of the cost of production and are included in the
compensation specified in this agreement; therefore, the Purchaser shall not be responsible for the payment of these
obligations.
7.
The Purchaser is not responsible for providing any equipment which is not specifically stated in the contract, or
Artist's Rider. The Artist agrees that if he/she does not use the equipment required in this contract, he/she shall pay
for all rental costs of such equipment. If hotel accommodations are provided as a part of the Artist’s
compensation, incidental charges (including telephone calls and room service) are not provided unless stipulated
at the time of the verbal confirmation of the performance.
8.
If the Artist arrives at the performance site noticeably under the influence of intoxicating beverages, narcotics or
drugs, the Purchaser may cancel the contract with no liability on the part of the Purchaser.
9.
The Purchaser shall not be responsible for any items heretofore mentioned when prevented from doing so by an
Act of God or any other legitimate conditions beyond the control of the Purchaser. If such acts or conditions do
occur, the Purchaser is not liable for any damages which the Artist or his/her group contracted services, or
Representative might suffer.
10.
If for any reasons, except due to an Act of God, this contract is cancelled by the Artist beyond the cancellation
clause contained herein, or a change of date is required by the Artist for any reason other than an act of God, then
the Artist agrees to reimburse the Purchaser for bona fide out-of-pocket expenses to the Artist or his Agent.
11.
All additions and deletions in this contract and rider must be initialed and dated by both parties.
12.
Rochester Institute of Technology Student Alumni Union Association, as Purchaser, has final control over all
matters pertaining to any performance held under its auspices, whether on-campus or off-campus.
13.
The Artist or his/her Representative stipulate that this contract is a valid instrument between the Artist or his
Corporate Management and the Rochester Institute of Technology. If this contract is signed by someone other than
the Artist, the person signing for the Artist expressly warrants that he/she is authorized by the Artist to execute this
contract for this engagement at the time and place specified in the contract.
14.
The person signing for Purchaser expressly warrants that he/she is authorized to execute this contract for Rochester
Institute of Technology. SIMILARLY, the person signing for Artist expressly warrants that he/she is authorized to
do so.
15.
No pyrotechnics are allowed at Rochester Institute of Technology. To do so will disallow payment of Artist.
16.
Arbitration provisions thereof shall be optional and shall not be exclusive. Each party reserves the right to bring
suit for enforcement of the contract or for damages or breech thereof in any court of competent jurisdiction. If
arbitration under paragraph seven is elected, the results of same shall be subject to review and may be reduced to
judgment in any court of competent jurisdiction.
17. INDEMNIFICATION
The Purchaser agrees to indemnify and hold harmless Artist and his/her employees and agents from and against any
and all claims, costs (including attorney’s fees and court costs), expenses, damages, liabilities, losses, judgments or
other action for injury of any nature (including death) made by a third party which relate to the parties’
performance under this agreement if such claims result from the direct and sole negligence of Rochester Institute of
Technology or its employees.
Likewise, Artist and Agent agree to indemnify and hold harmless Rochester Institute of Technology, its officers,
trustees, employees, and agents from and against any and all claims, costs (including attorney’s fees and court
costs), expenses, damages, liabilities, losses, judgments or other action for injury of any nature (including death)
made by a third party which related to the performance under this agreement, except to the extent any such claim(s)
resulted from the direct and sole negligence of the Rochester Institute of Technology.
Artist and Agent also agree to indemnify and hold harmless Rochester Institute of Technology, its officers, trustees,
employees and agents from and against any and all loss, damage, and/or destruction occurring to Artist’s or his/her
agent’s employees’ and/or contractors’ equipment and instruments at the place of the engagement, except to the
extent any such claim resulted from the direct and sole negligence of the Rochester Institute of Technology.
Due to safety reasons, RIT students are not permitted on the stage for any type of improvised or inciteful behavior.
The Artist agrees to actively discourage any such kind of behavior (including but not limited to Mosh Pits, Stage
Diving or Slam Dancing), if necessary requesting the audience to comply or suspending the Artist’s performance
until compliance occurs. This will occur at any time that such behavior becomes potentially dangerous or upon the
request of an authorized representative from Rochester Institute of Technology. Cooperation in doing so, even if
reducing performance time or quality will guarantee payment to Artist. Failure to do so will be considered Breach
of Contract and grounds for suspension of payment. Rochester Institute of Technology will pursue legal recourse
for any Artist who actively encourages or incites any behavior which results in injury, or damage.
18. INSURANCE
Insurance: Supplier shall, at its own expense, maintain insurance as outlined below with minimum limits as
referenced. Rochester Institute of Technology shall be named as an additional insured on policies providing
coverage for #1 and #3 below;
1) Commercial General Liability with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate written
on an occurrence basis.
2) Auto Liability (including owned, hired and non-owned autos): $1,000,000 combined single limit
(each accident).
3) Excess Liability: $3,000,000 minimum limits in excess of underlying limits. The umbrella shall be
no more restrictive than underlying coverage.
4) Worker’s Compensation and Employer's Liability: Statutory New York State limits.
Additionally, if applicable:
These coverage’s and limits are to be considered minimum requirements under this contract and in no way limit the
liability of the Supplier.
This insurance shall be written by a company licensed to do business in New York State with a minimum rating of
AVII. Each policy shall provide for notification to RIT thirty (30) days prior to termination, material change or
restrictive amendments. The insurance companies issuing the policies shall have no recourse against RIT for
payment of any premiums or for any assessments under any form or policy. RIT reserves the right to request copies
of insurance policies.
The insurance policies referred to above shall be primary insurance ahead of any insurance carried by RIT with
respect to the Agreement. Supplier shall furnish written consent of the insurer to the primacy of these policies if
requested by RIT.
Supplier shall provide a certificate of insurance to RIT evidencing this coverage prior to performance of the
Agreement and annually thereafter, at policy renewal dates throughout the period services/goods are provided by
the Supplier. This certificate of insurance should also note any self-insured retention/deductible amounts
for each policy.
[Department Name]
(Purchaser's Name)
(Authorized Signature for R.I.T.)
Name
Title
Building
Address
City, State, Zipcode
Phone
Fax
Artist
(Artist Name)
(Date)
____________________________________________________
(Authorized Signature for Artist)
SEE ADDRESS IN PAYMENT SECTION
PHONE:
FAX: