AZUSA PACIFIC UNIVERSITY

(Student Center of Reconciliation and Diversity)

PERFORMANCE AGREEMENT
This agreement is celebrated and entered into between Azusa Pacific University through the Student
Center for Reconciliation and Diversity ("SCRD") and the following performance group or performer
(Performance Group):
FULL LEGAL NAME OF PERFORMANCE GROUP: BRITTNEY BARRON
TYPE OF BUSINESS (sole proprietor, corporation, etc.):
STATE OF BUSINESS REGISTRATION:
BUSINESS ADDRESS:
CITY:

STATE:

ZIP:

WHEREAS:
The University is an evangelical Christian community of disciples and scholars who seek to advance
the work of God in the world through academic excellence in liberal arts and professional programs
of higher education that encourage students to develop a Christian perspective of truth and life.
The University, through the Student Center for Reconciliation and Diversity, seeks to help meet the
social, cultural, recreational, intellectual, and spiritual needs of the Azusa Pacific University
community in various ways, including sponsoring events and activities that occur throughout the
year;
The University desires and the Performance Group agrees, for the Performance Group to perform at
the following University event: Gospel Sing 2014, Sounds of Unity. To unite the Kingdom of
God through a night of worship and celebration exposing APU and the greater community to
the unique sounds and forms of Gospel music.
NOW, THEREFORE, in consideration of the mutual agreements set forth herein, the University and the
Performance Group celebrates and enters into this agreement (Agreement) on the terms and conditions set forth
below.
I.

II.

PERFORMANCE TO BE PROVIDED: The Performance Group agrees to perform for the University
at the date, time and place specified below:

Date:

February 1, 2014

Time:

6:00pm 9:30pm

Place:

Felix Event Center (APU)

Azusa Pacific University
701 E. Foothill Blvd.
Azusa, CA, 91702

PERFORMANCE CONTENT: The content of the performance to be provided by the Performance

Group is as follows:

Number of members in Performance Group:______________

Names of members of Performance Group:______________

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Type of Performance: _______

Performance Content: The Performance Group shall act as the Master of Ceremonies for
the entire program. The Performance Group agrees to provide the play list in advance to
the University and obtain University approval for the play list prior to use during the Event.
The performance group is also required to submit all tech and instrument needs.

III.

PERFORMANCE FEE: The University shall pay Performance Group a Performance Fee in the total
sum of $750.00, paid as follows: The balance of $750.00 immediately following the Performer
Groups performance.

IV.

SOUND AND SET-UP: Prior to the time of the Event, the University shall allow the Performance
Group and their designated representatives sufficient access to the place of performance for set-up
and sound check. Sound check will be from 11:30am - 4:00pm on the day of the event,
February 1st, 2014. The MC soundcheck slot is between 11:55am-12:25pm.The Performance
Group shall designate an individual to oversee sound modifications before and during its respective
performance.

V.

MERCHANDISE: The University authorizes the Performance Group, at its option, to sell albums
and other promotional materials during the Event, retaining all proceeds associated therewith. The
Performance Group will be responsible for any functions associated with merchandising, including
but not limited to any transportation or set-up needs.

VI.

GENERAL TERMS AND CONDITIONS:

A. Notices: Any and all notices required or permitted under this Agreement must be in writing, with a
reference to this Agreement (and any specific provisions of this Agreement at issue or under
which notice is being given). Any of the parties may change the contact information to be used for
the purpose of giving notice under this Agreement by giving written notice of such change to the
other party, as provided in this section. Notices must be addressed and delivered as follows:
University:

Performance Group:

Student Center for Reconciliation and

Diversity
Azusa Pacific University
901 East Alosta Avenue, P.O. Box 7000
Azusa, California 91702-7000
Contact: Leah Sadoian, Programming
Coordinator
Fax: (626) 815-6000 Ext: 3720

Brittney Barron

Notice shall be deemed effective only: (a) upon delivery when personally delivered; (b) on the
next business day after deposit with a globally recognized commercial overnight carrier for
overnight delivery, with written verification of receipt; (c) on the third business day after having
been sent by registered or certified mail, return receipt requested, with written verification of
receipt; (d) on the next business day after having been sent by facsimile, with written verification
of receipt, provided that a copy of such notice also is sent by registered or certified mail.
B. Relationship of Parties: The parties are acting herein as independent contractors and
independent employers. Nothing herein contained shall create or be construed as creating a
partnership, joint venture, employer-employee, or agency relationship between any of the parties,
and no party shall have the authority to bind the other party in any respect.
C. Compliance with Laws. The Performance Group agrees to comply with the laws of the United
States, the State of California, and the City of Azusa, as well as the rules, regulations, and
policies of the University. The Performance Group understands that the University prohibits the
following on University grounds: (1) smoking and alcohol consumption; (2) possession of
firearms and/or weapons; and (3) animals (other than seeing-eye guide dogs). The Performance
Group agrees to not engage in any activities under this Agreement that may jeopardize the
Universitys tax-exempt status, including any activities in support of or in opposition to a political
candidate or party in any form or manner on University grounds.
D. University Climate. The Performance Group agrees to respect and not publicly advocate against
the ideals, principles, and traditions the University upholds as a Christian institution of higher
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E.

F.

G.

H.
I.

J.

K.
L.

M.
N.

learning (available online at www.apu.edu/advancement/profile/believe/). The University may

refuse or terminate the performance of Performance Group due to any actions taken by the
Performance Group that the University finds, in its sole discretion, to fall short of the ideals,
principles, and traditions that the University upholds as a Christian institution of higher learning.
Indemnify for Copyright Infringement. The Performance Group represents and warrants that it is
knowledgeable about the copyright laws of the United States as applicable to its performance for
the Event, and that it shall not perform any copyrighted materials of others during the Event
without full compliance with such applicable copyright laws. In the event the Performance Group
breaches this representation, warranty and covenant, the Performance Group hereby agrees to
INDEMNIFY AND HOLD HARMLESS the University and its board, trustees, officers, agents,
employees, students, volunteers, affiliates and their related foundations (Indemnified Parties),
arising out of such breach.
Termination. In addition to the Universitys ability to terminate the Agreement under Section VII.C,
the University may refuse or terminate the performance of Performance Group due to violation of
any of the Universitys policies, regulations, or rules, or any situation that the University
reasonably believes may be harmful to person or property.
Cancellations. In any event that the performance of any covenant(s) of this Agreement is
prevented by an act of God, physical disability, act or regulations of public authorities or labor
unions, labor difficulties, strike, civil tumult, war, epidemic, interruption of transportation, or any
other legitimate condition beyond the control of the obliged party, the parties shall respectively be
relieved of their obligations stated in this contract. Any funds paid in advance of the performance
shall be immediately repaid to University in full. It is understood that if such circumstances arise
in the case of the Performance Group, the Performance Group may, at its discretion, obtain
personnel, or shall credit the pro-rata portion of the Performance Fee to the University. It is
further understood that if such circumstances arise in the case of the University, the University
may, at its discretion, obtain a reasonably similar replacement venue available on the date of the
performance. In any event, no one shall be liable for indirect, special or consequential damages
arising from any breach of this Agreement.
Photographs, Recording, Reproduction or Transmission of Performance. The Performance Group
agrees and hereby authorizes the University to take still photographs of, record, reproduce or
transmit the Event for University historical documentation and promotional use.
Governing Law: This Agreement will be governed and construed in accordance with the laws of
California, without giving effect to the principles of its conflict of law provisions. The parties to this
Agreement agree and consent to the jurisdiction of and venue in the state or federal courts of
California in all disputes arising out of or relating to this Agreement.
Severability: In the event that any provision of this Agreement is declared invalid or void by
statute or judicial decision, such action shall not void the entire Agreement. It is the express
intention of the parties that all other provisions not declared void shall remain in full force and
effect.
Waivers and Modifications: No modification or waiver of any of the terms and conditions of this
Agreement shall be effective unless such modification or waiver is expressed in writing and
executed by each of the parties hereto.
Entire Agreement: This Agreement shall constitute the final, complete and exclusive written
expression of the intentions of the parties hereto and shall supersede all previous
communications, representations, agreements, promises or statements, either oral or written, by
or between either parties.
Assignment: This Agreement or any part hereof shall not be assigned or otherwise transferred by
any party without the prior written consent of the other party.
Ticket Scaling: This event is a non-ticketed event open to the public for all ages.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized
representatives as of the day and year written below.
Executed this _______ day of 2014________.

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PERFORMANCE GROUP:

Brittney Barron

Signature
By:
Its [official title]:

MAIL/DELIVER THIS FORM TO:

UNIVERSITY:
AZUSA PACIFIC UNIVERSITY
901 East Alosta Avenue, P.O. Box 7000
Azusa, California91702-7000

Signature
By:
Its [official title]:

Student Center for Reconciliation and Diversity

Azusa Pacific University
P.O. Box 7000, 901 East Alosta Avenue
Azusa, California 91702-7000

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