Performance Event Contract – rev. August 2019
Page 4 of 6
17. Relationship. Neither the PERFORMER nor any of its agents, servants, or employees shall become or be deemed
to become agents, servants, or employees of the State of Georgia, and in particular, the UNIVERSITY. The
PERFORMER and all such agents, servants, and employees shall for all purposes be deemed to be independent
contractors, and this AGREEMENT shall not be construed so as to create a partnership or joint venture between the
Contractor and the State of Georgia or any of its agencies. Consequently, PERFORMER is responsible for all
applicable federal and state regulations relating to income tax, social security, workers’ compensation and
18. Severability. If any term, provision, covenant, or restriction of this AGREEMENT is held by a court of competent
jurisdiction to be invalid, illegal, void, or unenforceable, the remainder of the terms, provisions, covenants, and
restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired, or
19. Waiver. Any failure by UNIVERSITY at any time, or from time to time, to enforce or require the strict keeping
and performance by PERFORMER of any of the terms or conditions of this order shall not constitute a waiver by
UNIVERSITY of a breach of any such terms or conditions and shall not affect or impair such terms or conditions
in any way, or the right of UNIVERSITY at any time to avail itself of such remedies as it may have for any such
breach or breaches of such terms or conditions.
20. Open Records Act. The parties acknowledge that the laws of the State of Georgia, including the Georgia Open
Records Act, as provided in O.C.G.A Section 50-18-70 et seq., require procurement records and other records to be
made public unless otherwise provided by law.
21. Assignment. This AGREEMENT is not assigned in whole or in part by either Party without the prior written
approval of the other Party.
22. Nondiscrimination. PERFORMER shall comply with the University System of Georgia Board of Regents’ Ethics
Policy. The UNIVERSITY prohibits any form of discrimination, harassment or retaliation against or by any member
of the faculty, staff, administration, student body, volunteers, or visitors based upon race, color, religion, sex,
national origin, age, whistle-blower status, disability, gender identity or expression, genetics, or any other
characteristic protected by state or federal law. Further, PERFORMER will be required to know and adhere to the
University’s Sexual Misconduct Policy.
23. Compliance with Applicable Laws and Regulations. The parties agree to comply with all applicable state and
federal laws, rules, regulations and executive orders governing equal employment opportunity, immigration,
nondiscrimination, including the Americans with Disabilities Act, and affirmative action. This AGREEMENT shall
not be assigned by PERFORMER without prior approval in writing by UNIVERSITY.
24. Trademarks and Logos. Both parties are prohibited from using, and agree not to use, directly or indirectly, any
name, trademark, or log of the other party without first obtaining prior written approval from the other party.
25. Headings. This paragraph headings provided herein are for convenience only and shall have no force or effect upon
the construction or interpretation of any provisions hereof.
26. Contract Certification. PERFORMER certifies that PERFORMER is not currently engaged in, and agrees for the
duration of this AGREEMENT not to engage in, a boycott of Israel, as defined in O.C.G.A. § 50-5-85.
27. Additional Provisions. Any additional provisions to this AGREEMENT are set forth in Attachment A, which if
attached and initialed by the parties, is hereby incorporated by reference.