NCAA Intercollegiate Athletic Competition Agreement (Football)
Agreement made on the __________________________ (date) , between
________________________________________________ (Name of College) , a nonprofit
corporation organized and existing under the laws of the state of ______________________,
with its principal office located at __________________________________________________
_____________________________________ (street address, city, county, state, zip code) ,
referred to herein as College D , and _______________________________________________
(Name of College) , a nonprofit corporation organized and existing under the laws of the state of
____________________, with its principal office located at _____________________________
____________________________________________________________________________
(street address, city, county, state, zip code) , referred to herein as College L .
For and in consideration of the mutual covenants contained in this agreement, and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1. PURPOSE
The purpose of this agreement is to confirm the arrangements made for holding a
football athletic contest between College D and College L.
2. EVENTS
Each party shall cause its varsity team to play the other in a game of Football in
accordance with the terms of this Agreement. The game shall be held as set forth below:
Date Location ( City, State) Time
______________________ ______________________ ____________
______________________ ______________________ ____________
______________________ ______________________ ____________
______________________ ______________________ ____________
3. RULES FOR THE CONTEST
The contest shall be governed by the rules of the National Collegiate Athletic Association
(the NCAA ) as in effect at the time of the contest.
4. ELIGIBILITY OF TEAM MEMBERS
The eligibility of each team member to participate in a contest shall be governed by the
rules and regulations of his institution and the rules of the athletic conference, if any, of which
this institution is a member.
5. OFFICIALS
The officials for the contest shall be a ________________________________________
(Name of Conference) Conference crew for games at College D and a ___________________
______________________________ (Name of Conference) Conference crew for games at
College L.
6. COMPENSATION TO VISITING TEAM
A. The Home Team for the game shall compensate the Visiting Team as set forth
below, and no other compensation shall be due or payable. Such compensation shall
be:
i. A flat fee of $150,000 for each game.
ii. The rate may be renegotiated with mutual agreements of both Parties.
B. The Home Team will pay the Visiting Team the amount due hereunder not
later than February 15, following the contest.
C. Revenue from radio and television shall be handled as set forth in succeeding
paragraphs and shall be in addition to any compensation payable under this paragraph.
7. ALLOCATION AND PRICING OF TICKETS
A. The Home Team shall set ticket prices.
B. Band members, cheerleaders and mascots for each institution shall be
admitted without charge, when in uniform. C.
The Visiting Team shall be allowed 400 complimentary tickets.
D. The Visiting Team
shall be allotted tickets for sale. It is understood and
agreed, that
the visiting institution shall return to the home institution ninety percent (90%)
of the unused or unsold tickets held by the said visiting institution not later than Monday
preceding said game. If the game is not sold out
, the Visiting Team may return tickets, not
to exceed One Hundred (100), upon arrival.
8. SIDELINE
AND PRESS BOX PASSES
A.
The Home Team shall be allowed 40 sideline passes and the Visiting Party shall be
allowed 40
sideline passes.
B. The Visiting Team shall be allowed 10 press box passes for
the use of visiting
university personnel at no charge. A reasonable number of
press passes will be provided
at no
charge for visiting news media and sports information personnel.
9. RADIO AND FILM RIGHTS
A.
The Home Team shall retain the revenue from and have full control of all radio
rights
to broadcast the game as well as all film rights.
B.
The Visiting Team shall be allowed one free outlet for live or delayed radio
broadcast and shill retain the revenue
from such broadcast.
10.
TELEVISION
A. College L recognizes that College D
has assigned its live over-the-air broadcast
and cable television rights to their home football games to the _____________________
______________________________ (Name of Conference) Conference, which in
turn has
contracted with certain television networks and cable broadcasters ( Conference
Contracts).
College D recognizes t
hat College L has assigned its live, over-the-air broadcast and cable
television
rights to their home football games to _______________________________________
_______________________ (Name of Conference)
, which also has contracted with certain
television networks and cable broadcasters
( Conference Contracts). Any discussion regarding the
conditions of the
Conference Contracts shall be directed to the conference offices for the
____________________________________________________________________________
____________________________________________________________________________
______________________________________________________ (Names of Conferences) .
B. All rights fees form over-the-air broadcast arid cable television rights shall be
distributed based upon respective conference crossover agreements in force at that
time.
C. In the event the game is not selected for an over-the-air or cable broadcast, the
Home
Team and Visiting Team shall have the game televised in its local market. The
rights fee for such
a broadcast shall be waived.
11. CONCESSIONS, PARKING AND PROGRAM INCOME
The Home Team shall have the exclusive right to sell programs and run concessions
and parking. All income from program sales concessions and parking shall be the sole property
of the Home Team. The Visiting Team will be supplied with 75 game
programs at no charge.
12. IMPOSSIBILITY
If
an unforeseen catastrophe or disaster makes impossible the playing of any co ntest by either
party, that contest shall be cancelled and neither party shall be responsible
to the other for any loss or
damage.
Notwithstanding the preceding sentence, any financial obligations incurred by either party for
promotion of the contest shall be shared equally. Cancellation of a contest under this paragraph shall not be
deemed a breach of the contract. Notice of such a catastrophe or disaster shall be given as soon as
possible. No such cancellation shall affect the parties' obligations as to subsequent contests covered
by this
Agreement.
13. DAMAGES
A. If this
Agreement is breached by the Visiting Team, and no contest occurs between
the
Home Team arid the Visiting Team, and if no contest with a team of similar stature is
scheduled
by the Home Team to replace the one canceled because of the breach, then
the Visiting Team shall pay the Home Team a liquidated sum of $150,000.
B.
If this Agreement is breached by the Home Team, and no contest occurs between
the
Home Team arid the Visiting Team, and if no contest with a team of similar stature is
scheduled
by the Visiting Team to replace the one canceled because of the breach, then
the Home Team shall pay the Visiting Team a liquidated sum of $150,000.
14. No Waiver
The failure of either party to this Agreement to insist upon the performance of any of the
terms and conditions of this Agreement, or the waiver of any breach of any of the terms and
conditions of this Agreement, shall not be construed as subsequently waiving any such terms
and conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
15. Notices
Any notice provided for or concerning this Agreement shall be in writing and shall be
deemed sufficiently given when sent by certified or registered mail if sent to the respective
address of each party as set forth at the beginning of this Agreement.
16 . Entire Agreement
This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement.
17. Modification of Agreement
Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement shall be binding only if placed in writing and signed by each
party or an authorized representative of each party.
18. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may not be
assigned or transferred to any other person, firm, corporation, or other entity without the prior,
express, and written consent of the other party.
19. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute but one and the same
instrument.
WITNESS our signatures as of the day and date first above stated.
_____________________________________ ___________________________________
(Name of College D) (Name of College L)
By: __________________________________ By: ________________________________
(P rinted or typed name) (P rinted or typed name)
Director of Athletics Director of Athletics
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