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As expressed in the Constitution of the
State of New Mexico Article IX, Section 14, Article XII, Section 3,
1978
statutes (annotated 1983) and all other statutes of the State of New
Mexico
that may apply to usage of the university. Facilities are
subject
to a rental charge except when used for purposes normally associated
with
the daily operation of that university.
All events which involve
admission/registration fees or any alternative method of collecting
monies are defined as University or Non-University events and are
subject to applicable space rental fees. Events requiring the use
of special services or equipment are subject to charges.
New Mexico State University at Alamogordo will extend a reduced rate
for
a university because of special affiliation.
- Article 1: The Anti-Donation clause of the
New Mexico
State Constitution precludes the college from donating money, goods, or
services, including employee services, to non-college organizations.
Therefore, an organization
sponsoring an event using NMSU-A facilities must bear all costs
associated
with the event, including (but not limited to) utilities, time of
NMSU-A
employees, security, and custodial work plus all out of pocket expenses.
- Article 2: The promoter shall be
responsible for the
negotiation and payment of all fees, including artist's fees, and shall
furnish
sound and lighting for said production and five percent (5%) gross
receipt
taxes due to the State of New Mexico.
- Article 3: The artists shall be responsible
for taxes
on earned income in the State of New Mexico.
- Article 4: The promoter shall provide
liability insurance in the minimum of one million dollars ($1,000,000)
for the day of the event. This insurance shall cover all liability,
including injuries or damage to
persons or property. The certificate of insurance must be on file with
New
Mexico State University at Alamogordo. If the insurance certificate is
not
on file it will be considered a breach of contract. The promoter shall
name
New Mexico State University at Alamogordo as additionally insured on
said
insurance certificate.
- Article 5: In the event of a cancellation,
the promoter
shall pay all costs incurred by New Mexico State University at
Alamogordo.
- Article 6: The Tays Special Events Center
Box Office
will sell tickets free of charge for the promoter during normal working
hours, however, on the day of the event the promoter will be
responsible for their tickets sells. Payments from the sale of tickets
will be made by New Mexico State University at Alamogordo to Promoter
by University check. The settlement date will be included in the
contract.
- Article 7: Any dispute over the terms and
conditions
of the contract shall be governed by the laws of the State of New
Mexico.
Promoter specifically agrees that by executing a contract, promoter
consents
to the jurisdiction of the Courts of the State of New Mexico and, and
all litigation between the promoter and the university arising out of
contract shall be before the District Court of the Twelfth Judicial
District of the
State of New Mexico or the United State District Court for the District
of
New Mexico at the option of the university.
- Article 8: Advertising or marketing for
events sponsored by non-college organizations will not imply
sponsorship by NMSU-A when such
is not the case. A sign on the Tays marquee will indicate when the
event
is not an NMSU-A sponsored event. All advertisements of non-NMSU-A
events
must carry the sponsors name.
- Article 9: The public fee schedule for Tays
Special Events Center will be in effect July 1, 2006 - June 30, 2007.
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