Transcript Document
Understanding Contracts Read the Small Print Who We Are Carrie Miller Associate Director, Campus Events Kerry Hodak Assistant Director, Grad/Prof Student Engagement Hali Buck Coordinator, Student Involvement, OUAB Advisor 2 Agenda Why this Matters Who We Are Audience Feedback Vocab to Know (aka Legalese) Red Flags Common Mistakes Questions? 3 Why This Matters. 4 Why this Matters Every Contract is Different Risk/Liability for You / Your Institution Financial Implications University vs. Agent/Vendor 5 Who We Are. 6 Student Activities Part of the Office of Student Life at Ohio State Primarily housed out of the Ohio Union Approximately 20 staff members (FTE and Grad) Two Areas Keith B. Key Center for Student Leadership & Service - The Center - Leadership Programs - Buck-I-SERV - Student Organizations - Community Service Campus Events - Major Campus Events - Signature Events - Ohio Union Activities Board 7 Ohio Union Activities Board - - Student programming organization Comprised of 172 student members (all volunteer) representing a diverse array of academic majors and class rankings Plan comedy, concerts, speakers, movies, and interactive events and programs. OUAB Grad/Prof is a component of the Ohio Union Activities Board solely dedicated to providing events and programs for OSU’s Graduate/Professional student community. Contract Process - Utilize the vendor/talent contract Multiple review components We cannot sign contracts Turn-around can take up to 3+ weeks Insight/oversee execution of agreement 8 Other Contract Scenarios Facilities Flooring (Terrazzo) Roof Installations Vendor Agreements Requiring a Signature - Terms & Conditions - Invoices 9 About You. 10 Poll Everywhere Questions 11 Vocab To Know. 12 Legalese for the Non-lawyer Indemnification – Cover the other party’s liability Force Majeure – Get out of jail (or contract) free clause Insurance – Coverage for yourself and/or the other party Risk of Loss – Releasing other party from liability Justification/Choice of Law Provisions/Arbitration – Specifies the adjudicatory body through which disagreements are resolved Limitations on reproduction/dissemination – Prevents reproduction wholly or in part 13 Legalese for the Non-lawyer (cont) Injunctive Relief – Remedy of action/inaction rather than monetary Termination/Cancellation – End of the contract prior to both parties fulfilling obligations Survival – if all or part of the agreement is terminated, specific portions of the contract remains in force Severability – an unenforceable provision is “removed” from the contract leaving remaining provisions in force Assignment – giving or selling rights under contract to a third party 14 Red Flags & Common Mistakes. 15 Red Flags Indemnification Limitations on reproduction - Audience control Exclusivity agreements Risk of Loss Cancellation Taxes 16 Red Flags Deposits Travel First Amendment Permits Talent Rider Requirements/Requests - What are you willing to purchase - Contracts and riders are negotiable 17 Common Mistakes Ensure that you have all components of a contract Always request a fully-executed copy of the agreement Awareness of what your office can/cannot do Be aware of your responsibilities Exclusivity Clauses Know who assumes liability Consider jurisdiction/arbitration options 18 Questions? 19 Carrie Miller, M.S. Associate Director, Campus Events [email protected] (614) 247-5084 Kerry Hodak, Esq. Assistant Director, Grad/Prof Student Engagement [email protected] (614) 292-0253 Hali Buck, M.S.Ed Coordinator, Student Involvement, OUAB Advisor [email protected] (614) 247-8432 20