MARQUETTE UNIVERSITY PERFORMER AGREEMENT
This Performer Agreement (“Agreement”), by and between Marquette University (“Marquette”), and the performer
(“Performer”) named herein, is for the personal services of the Performer for the following event:
Name of Performer: ____________________________________________________________
SSN or FEIN #: _______________________________________________________________
Date of Event: ________________________________________________________________
Location of Event: _____________________________________________________________
Start Time/End Time/Duration of Event: ____________________________________________
1. Payment. Marquette shall pay Performer, as follows (check and complete those that apply):
One payment, via check, following completion of the performance, of $___________
Other: ____________________________________, in the amount of $___________
Reimbursement for expenses set forth above shall not exceed the amounts and types approved for employee
reimbursement pursuant to Marquette University Policy and Procedure I-09. A copy of such policy is available upon request.
Performer must submit a completed W-9 form prior to performance in order to receive payment. If Performer does not
return a fully executed contract to Marquette at least ten working days prior to the Event, the check will be mailed to
Performer after the event.
2. Deposit. Marquette shall not make advance payment, deposit or post bond.
3. Approval of Other Performers/Substitute Performers. Both parties agree that the appearance of any other
act(s) on the same bill as Performer will be subject to joint approval of Marquette and Performer. Further, Performer agrees
that substitute performers will not replace featured members of the group unless Marquette approves the proposed
substitution(s) in advance. If Marquette does not approve the proposed substitution(s), this contract shall be rescinded and
Marquette shall not be obligated to make any payment to Performer.
4. Force Majeure/Cancellation. Neither party shall be considered in default in the performance of its
obligations under this Agreement if such performance is prevented or delayed by Force Majeure. “Force Majeure” shall be
understood to be any cause which is beyond the reasonable control of the party affected and which is forthwith, by notice
from the party affected, brought to the attention of the other party, including but not limited to, war, hostilities, revolution, civil
commotion, strike, lockout, epidemic, accident, fire, wind or flood or because of any law, order, proclamation, ruling,
regulation or ordinance of any government or subdivision of government or because of any act of God. If Marquette cancels
the performance for reasons other than force majeure, a cancellation fee equal to fifty percent (50%) of the performance fee
set forth herein shall be paid to Performer. If Performer cancels said performance for reasons other than force majeure,
Performer shall reimburse Marquette for any actual expenses incurred by Marquette relating to said performance.
5. Control over Performance. Marquette and Performer shall have joint control over the production,
presentation and performance of the above-referenced engagement. Marquette is not bound by any constitution, bylaws,
rules or regulations of any organization to which the Performer may belong.
6. Subject Matter. Performer agrees to refrain from presenting/performing material that contravenes the
moral teachings of the Catholic faith or is contrary to Marquette’s Jesuit mission and philosophy. If Performer
presents/performs such material, as determined solely by an authorized Marquette representative, Marquette reserves the
right to immediately end the presentation/performance and shall not be obligated to pay Performer for any services rendered
pursuant to this agreement.
7. Load In/Load Out. Marquette will provide a representative to be present during load in, load out and
throughout the performance.
8. Soundcheck. Unless otherwise agreed by both parties, one hour shall be provided for a soundcheck prior
to admission of the audience.
9. Reproduction of Performance. Marquette will take reasonable steps to prevent the recording or broadcast,
audio and/or visual, of any performance without express written consent of Performer.
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10. Dressing Room. Marquette shall provide a well-lit, climate-controlled and lockable dressing room to
Performer, upon request.
11. Merchandising. Marquette shall provide an appropriate location and table for the sale of Performer’s
merchandise. Eighty percent (80%) of receipts shall go to Performer and twenty percent (20%) of receipts shall go to
Marquette.
12. Modification of Agreement. It is understood and agreed that this Agreement may not be changed,
modified or altered, except by mutual agreement of both parties. All changes to the contract for this engagement must be
initialed by authorized signatories of both parties OR changes may be implemented via a separate written document signed
by both parties.
13. Assignment. This Agreement may not be assigned without the written consent of the other party. This
Agreement shall be binding upon and inure to the benefit of and shall be enforceable by and against the parties and their
successors and assigns.
14. Governing Law. This Agreement shall be governed by and construed exclusively in accordance with the
laws of the State of Wisconsin. If any term or provision of this document shall be held illegal, unenforceable, or in conflict
with any law governing this document, the validity of the remaining portions shall not be affected thereby.
15. Authority. Each party hereby certifies that it has all necessary authority to execute and deliver this
Agreement and to perform its obligations hereunder. Upon execution, this Agreement will be a valid and binding obligation of
each party and enforceable in accordance with its terms.
16. Relationship. The parties hereto are independent contractors. Nothing in this Agreement shall be
understood or construed to create or imply any relationship between the parties in the nature of any joint venture,
employer/employee, principal/agent or partnership. Performer shall not become an employee of Marquette by acting under
this Agreement and Performer shall be responsible for the payment of any taxes and social security contributions owing from
the above compensation.
17. Faxed Signatures: Any signed document transmitted by fax shall be considered an original document and
shall have the binding and legal effect of an original document. The signature of any Party upon a faxed document shall be
considered an original signature.
18. University Purchase Order. Any purchase order issued by Marquette in connection with this Agreement
is intended to establish payment authority for Marquette’s internal accounting purposes. The terms and conditions of any
such purchase order do not constitute a counteroffer, amendment, modification, revision, or supplement to the terms of this
Agreement, and no term or condition of any such purchase order shall be part of this Agreement. It is agreed, however, that
all invoices not referencing a valid University Purchase Order Number for the amount invoiced will be rejected, and the total
amount invoiced or paid under this Agreement may not be greater than the amount stated on the University Purchase
Order(s) applicable to this Agreement.
The foregoing terms are agreed to and accepted by:
MARQUETTE UNIVERSITY PERFORMER
By: _________________________________________ x____________________________________
Print Name:___________________________________ Print Name:___________________________
Date: ________________________________________ Date: ________________________________
OGC 10/2017
Note: If total payment exceeds $7,000 and Performer is not a resident of Wisconsin, please complete the Non-Resident Entertainer
Rider.