The Student Association of Binghamton University, Inc.


Performance Contract

dollars, to be paid by Student Association check, payable to Artist, immediately after the performance. This price is all inclusive and there shall be no additional compensation, fees, charges, commissions, expenses, equipment or services paid or provided to the Artist by the Sponsor unless specifically set forth as follows:

The Sponsor and Artist also agree to be bound by the following terms and conditions:

1. Sound and lighting will be provided by:


a. If artist agrees to provide sound and lighting and fails to do so for any reason, Sponsor may, at its option, cancel this contract without payment to Artist or permit the performance without sound and lighting at one-half the agreed price.

b. If Sponsor provides sound and lighting and Artist fails to appear or perform, Artist agrees to reimburse Sponsor for all sound and lighting expenses.

2. Sponsor is not responsible for loss or damage to Artist due to loss or damage to Artist's property wherever located.

3. Sponsor is not liable for payment to Artist or for any damages to Artist or Artist's representative for performance on the date and time specified if said failure is cause by any "Act of God", riots, epidemics, strikes, any act or order of any public authority or any other cause beyond the control of the Sponsor.

4. Artist or his/her representative agrees to call Sponsor's Representative,at least one week before the scheduled performance with details regarding time of arrival of Artist and equipment in Binghamton, mode of transportation, location of Artist, and any other necessary information.
Phone
a. If Artist fails to report for setup on time or to commence performance on time for any reason, Sponsor may, in its sole discretion, reduce the payment to Artist, or cancel the performance without payment to Artist.

b. If Artist fails to appear or changes the date of performance, (if said change is agreed upon by Sponsor) Artist agrees to reimburse Sponsor for all expenses due to said cancellation or rescheduling immediately upon presentation of a statement of said expenses to the Artist or Artist's authorized representative unless said cancellation or rescheduling is due to an "Act of God", riot, epidemic, strikes, any act or order of any public authority, or any other cause beyond the control of the Artist.

c. The Artist agrees to notify Sponsor's representative immediately if Artist is to be delayed or will fail to appear so that appropriate announcements may be made.
5. This contract is for the unique personal services of Artist and no payment will be due under this contract unless the Artist performing is the Artist named herein. If Artist is a musical group, and if, for any reason, the specified number of musicians are unable to perform, the Sponsor shall, in its sole discretion: if the leader is unable to perform, cancel the performance without payment to Artist or permit the performance with mutually acceptable substitute for a lower payment for performance; or if any other musician is unable to perform, allow the performance at a reduced payment for performance without the musician or allow a mutually acceptable substitute to perform for the agreed upon payment for performance.
6. No alcohol will be provided by Sponsor.
7. The sale or distribution of promotional materials by Artist is prohibited unless otherwise expressly stated under paragraph 20 herein.
8. Artist is an independent contractor under the terms of this contract and nothing herein shall be construed as changing or modifying said relationship.
9. The validity, construction, and effect of this Contract and any riders hereto shall be governed by the laws of the State of New York.
10. Sponsor's representative is acting as the agent for the Sponsor and is not personally liable in any manner under the terms of this contract.
11. Any person signing this contract for Artist warrants that he/she is authorized by Artist to execute this contract for Artist for the engagement at the time and place specified herein.
12. All additions and deletions in this contract and any riders hereto must be initialed and dated by both parties and the Student Association Vice President for Finance or President to be valid.
13. Sponsor may declare this contract null and void unless it is signed and dated by the Artist's authorized representative or Artist and returned to Sponsor's representative no later than

14. Artist is an independent contractor under the terms of this contract and nothing herein shall be construed as changing or modifying said relationship.
15. The Artist or Artists agrees to defend, indemnify, and hold harmless Binghamton against all claims, costs, and expenses that Binghamton University and the Binghamton University Student Association may sustain or incur by reason of any infringement or violation of any copyright or proprietor right by artist in connection with any activity contracted herein.
16. THIS CONTRACT WILL NOT BE BINDING UNTIL A FULLY EXECUTED W-9 FORM (REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERIFICATION) IS ATTACHED.
17. SPONSOR'S REPRESENTATIVE HAS NO AUTHORITY TO BIND THE SPONSOR WITHOUT EXPRESS WRITTEN APPROVAL OF THE VICE PRESIDENT FOR FINANCE OR THE PRESIDENT OF THE STUDENT ASSOCIATION IN THE SPACE PROVIDED BELOW.
18. Additional terms and conditions:
Sponsor Artist
Date Date
The contract between Sponsor and Artist, dated                                   
is hereby approved with the changes as indicated and initiated by the parties and the Vice President for Finance or President of the Student Association.
Date       Date
   Done.