This is a contract between Southern Utah University on behalf of Utah Shakespeare Festival, (hereafter referred to as "Festival") and (hereafter referred to as "Participant").
Festival manages and provides the Utah Shakespeare Festival - Shakespeare competition. Participant desires and intends to bring a team to the Shakespeare Competition on the Southern Utah University campus. The agreement is effective as of the date of signature for the Shakespeare competition to be delivered from October 5-October 7, 2023 under the following conditions:
1) Festival shall provide the Shakespeare competition, including when feasible: a location for the event, Rules and Regulations, a schedule, division breakdown, portfolio guidelines, etc. These items may be found online at https://www.bard.org/competition.
2) Participant school or school district intents to bring a team(s) to the Festival to compete. In order to be allowed to compete, Participant agrees to assist the Festival in obtaining waivers from all youth who intend to participate in the Festival; provided however, Festival also shall be permitted to require Participants to sign a waiver, as determined in its discretion, as a condition of participation, Enrolled youth are herein referred to as "Festival Participants"
3) Participant shall employ teacher and chaperones in a reasonable number based on the number of Festival Participants. The Festival Participant to teacher/chaperone ratio shall not exceed 12:1. Teachers/chaperones will have responsibility over Festival Participants regardless of location of Festival activities. Festival will not assume the responsibility of care, custody and control of Festival Participants.
4) Participant shall be the sole employer for all teachers and any other Participant employees involved in the Festival, and as such all its employees shall be solely under the supervision and control of Participant. Participant assumes all responsibility and liability associated with such Participant employees and Festival Participants they supervise that arise during or in any way relates to the Festival, including but not limited to wage and hour laws, worker's compensation, tax, injury or damages caused by a Participant employee to Festival employees, Festival participants or third parties, and other applicable legal obligations. Participant warrants that it has appropriate insurance or self-insurance to cover the aforementioned liabilities.
5) Participant shall ensure adequate training is provided to all its employees involved in the Festival about safety and security related to youth protection. Participant acknowledges by signing here that all employees who will participate in the Festival in any way have passed all required background checks to chaperone and supervise minor Festival Participants.
6) Participant shall require all employees to abide by Southern Utah University policies, including specifically SUU Policy 5.64 (Minors on Campus at University Sponsored Events). Links to most policies are available at https//my.suu.edu/help/policies/.
7) The Festival will take place at various locations from 7:30am-10:00pm, all on the campus and Heritage Center.
8) Participant acknowledges and recognizes that it must secure hotel or other overnight accommodations for the Festival Participants they bring and the teacher/chaperones. participant acknowledges that they are responsible at all times for supervision fo the Festival Participants whether on campus or off campus.
9) The parties agree to abide by all applicable laws and policies of Southern Utah University, including but not limited to the American with Disabilities Act, Title VI and Title IX, as related to performance under this Agreement. Participant agrees to cooperate in any processing and investigations under University policies, and take appropriate prompt and effective remedial action for persons under the control of Participant, to address misconduct, including but not limited to unlawful harassment, discrimination, and/or threatening or violent behavior during or impacting the Festival.
10) Further, Participant agrees to participate in providing any reasonable accommodations necessary for their Festival Participants by reimbursing Festival for any related accommodation costs paid by Festival and by cooperating in administering any such accommodation.
11) This Agreement constitutes the entire agreement between the parties, and all prior discussions, agreements and understandings, whether verbal or in writing, are herby merged into this Agreement. This Agreement may be revised or modified only by written amendment when both parties agree to such amendment.
12) The parties agree and acknowledge that they are independent contractors, and the agents, representatives, or employees of one party shall not be considered agents, representatives, or employees of the other party. In no event shall this Agreement be construed as establishing a partnership or joint venture or similar relationship between the parties hereto.
By Signing below the Parties agree to the above terms