Performance Agreements Explained
A performance agreement is a type of contract between the University and an Artist or Speaker. An artist is any person or group that provides a performance or talent for an audience. An artist talent may be in music, theater, dance, film, and spoken word. Performance agreements are not needed if the “product” is a service rather than a performance. Instead, a Purchase Order is needed when the product is a service. For example, a face painter would be providing a service and a mime would be an artist.
The Performance Agreement template is available to serve the general campus and steam-line the process for hiring artists. All performers/artists hired by departments (paid or not) must provide certificates of insurance unless a special waiver has been granted by Risk Management.
Associated Student Program Board and The Barn have unique Performance Agreements that are structured to address potential problems for their venues.
Performance Agreements are needed for:
- Music: e.g. Bands, DJs, and singers
- Dance: e.g. Dance companies and individuals
- Authors: Reading or speaking about his/her work
- Public Speakers: Inspirational/informational presentations to staff, faculty, and students
- Performance based presentations: e.g. Magicians, comedian, and jugglers
Performance Agreements are NOT needed when:
- Performance is directly related to an Academic Curriculum (Honorarium)
- Payee is providing professional expertise at a University sponsored conference, workshop or symposium as a panelist, workshop leader, participant or giving a Keynote Address (Independent Consultant or Contractor)
- Payee is providing a service (Purchase Order)
Department Responsibilities for Performance Agreements:
- Decide what kind of performer you want to hire.
- Obtain the following contract information:
- Event title, performer’s name and description of the event;
- Artist or Agents name, address, phone and e-mail if artist has one;
- Artist or Agents W-9 Internal Revenue Service form and verify vendor is in Accountings database (Contact Accounts Payable with questions);
- Performance date, start and end time, performance venue and amount to be paid, how and when payment is to be made. e.g. Immediately following performance or Mailed the first business day after the performance;
- University obligations such as travel arrangements, accommodations or necessary equipment;
- Payment information, including address, phone number and citizenship of payee;
- Ask artist/agent if they need original signatures on the contract;
- Sponsoring department information, contact name, phone and e-mail.
- Prepare the University’s standard Performance Agreement template or request Business Contracts to prepare it for you. The University prefers not to sign contracts from the other party because the contract language usually doesn’t comply with University requirements.
- Obtain the Certificate of Insurance from the artist/agent as required by the Performance Agreement and provide artist/agent with the insurance limits, request “The UC Regents” are named as an Additional Insured or complete the Risk Management forms to request an insurance waiver.
- Contact other campus departments to obtain their event requirements when their services are needed or required. e.g. Police for security services, Risk Management for insurance and risk management questions, Parking, Physical Plant, and/or Environmental Health and Safety.
- Obtain signature of artist/agent and appropriate University employee that has been delegated the authority to sign the Performance Agreement.
- Provide Business Contracts with the original signed agreement and a copy of the certificate of insurance or, a signed copy of the insurance waiver from campus Risk Management.
- Arrange for the performer to be paid
- Contact Business Contracts if artist or agent requests changes to the University’s standard Performance Agreement or if they request a Rider be attached. Only the Materiel Management Director has authorization to sign agreements that have been changed.
- Provide artist and/or agent with web link to University policy “Regulations Governing Conduct of Non-Affiliates in the Buildings and on the Grounds of the University of California” Title V, Division 10, Chapter 1, Sections 10000 – 10015.
Business Contracts Responsibilities for Performance Agreements:
- Provide guidance to campus department in completing the University’s standard Performance Agreement template and review the agreement for accuracy.
- Business Contracts will prepare the Performance Agreement at the departments’ request and obtain the certificate of insurance.
- Answer policy and procedure questions relating to Performance Agreements.
- Negotiate terms and conditions with artist or agent when necessary.
- Help department coordinate other campus services by providing contact information.
- Prepare agreement for signature by the Director of Materiel Management and signing by the other party when requested.
- Provide artist/agent with fully executed agreement.
- Provide copy of fully executed agreement and certificate of insurance to department in order to pay performer.
- Provide advice on policy issues relating to the performance event and answer department questions or refer to the appropriate office.
- Prepare amendments after the initial execution of the agreement if original terms are changed and prepare the amendment for signatures.