UC BERKELEY – STUDENT MUSICAL ACTIVITIES – PERFORMANCE AGREEMENT
72 Cesar Chavez Student Center, University of California, Berkeley, 94720-4280
(510) 643-2551 – office@sma.berkeley.edu |
This Performance Agreement, hereinafter referred to as “Agreement”, is entered and made effective as of {effectiveMonth} {effectiveDay}, {effectiveYear} by and between The Regents of the University of California, a California corporation, on behalf of its Student Musical Activities and Cal Performances unit, University of California, Berkeley, hereinafter “University” and {responsibleParty}, hereinafter “Responsible Party.”
In consideration of the mutual covenants, conditions and terms hereinafter set forth, and for other good and valuable consideration, the parties hereto hereby agree as follows:
1.0 PERFORMANCE. University agrees to perform at {performanceStartTime} on {perfMonth} {perfDay}, {perfYear} {venue}{performanceSite}{venueAddress}. Performance will feature members of {SMAgroup} who will perform for {performanceDuration}. Content of performance will be mutually agreed upon by both parties.
2.0 COMPENSATION. As full compensation for the services of University under this Agreement, all payments shall be made by check payable to: The Regents of the University of California.
| 2.1 All checks shall be mailed to: |
Student Musical Activities
72 Cesar Chavez Center MC 4280
University of California, Berkeley
Berkeley, CA 94720-4280. |
2.2 Responsible Party shall pay University the fixed sum of {performanceFee}. {depositText1}{depositText2}
3.0 CANCELLATION. Performances canceled within 72 hours of performance date are subject to a cancellation penalty of up to 100% of the deposit.
4.0 ADDITIONAL TERMS AND CONDITIONS.
4.1 Indemification. Responsible Party shall defend, indemnify and hold University, its officers, employees and agents harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Responsible Party, its officers, agents, or employees.
4.2 Oral Representation and Amendments. No representation, warranty, condition, or agreement of any nature whatsoever shall be binding upon the parties hereto unless incorporated in this agreement. This agreement contains all the terms and conditions agreed upon by the parties hereto and may not be amended except in writing and signed by the parties hereto.
4.3 Assignment. This agreement may not be assigned or otherwise transferred by either party without the prior written consent of the other party.
4.4 Force Majeure. Should the performance of any material act required by this agreement be prevented by reason of any act of God, strike, lockout, labor disputes, inability ot secure materials, restrictive governmental laws or regulations, fire, flood, earthquake, or act of The Regents of the University of California, this agreement shall be rendered null and void.
4.4 Attorneys' Fees. If collection or litigation is necessary to enforce any of the terms and conditions herein, the prevailing party shall be awarded its reasonable attorneys’ fees.
This Agreement shall become effective only if University receives the signed form on or before {perfMonth} {perfDay}, {perfYear} executed by the Responsible Party.