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Independent Contractor & Performance Contract Instructions
From time to time, a student organization or club will seek to hire and pay an
individual for specialized skills pertinent to their organizational purpose or for an
activity. Doing so is permitted but requires the appropriate paperwork and
contracts before any event takes place.
The Independent Contractor and Performance Contract MUST be used anytime a
club wishes to hire and pay an individual for a service provided to a student
organization or club at Brigham Young University. Some qualifying examples could
include (but are not limited to) paying for: Disc jockey, dance instruction, band
performance, artist or other artistic talent, graphic design, photography,
videography, and speaker fees.
Following the steps listed below will ensure that your event is successful and the
individual or groups your organization or club would like to pay is compensated in a
timely manner.
1. All student organization or club events must have their event approved by
their sponsoring University entity before contacting or negotiating any
agreement with a provider.
2. Following approval, you may then negotiate the terms of the contract with the
provider. Upon agreement, your group must provide this information on the
contract and submit it to your sponsoring entity.
3. A student organization or club is not authorized to enter into any contract,
verbal or written, with a provider. A full-time employee of the university must
do this. The University employee then acts as the student organization or club
agent and finalizes the terms of the contract with the provider.
4. Once the terms have been finalized, the University employee will sign the
contract and fax it to the provider the student organization wishes to contract
with.
5. The provider reviews the contract and if the terms are satisfactory, they will
sign and return the contract to the University employee.
6. Once the terms of the contract have been satisfied, payment is processed,
unless requested for in advance as indicated in the contract.
Failure to follow these steps appropriately could result in:
1. Untimely payment being made to the provider, and
2. Disciplinary measures being taken against your student organization or club,
including probation, suspension, or revocation of your University privileges.
Print Form
INSTRUCTIONS: Use Tab key to scroll down or Shift+Tab to scroll up through the form. Please fill in all the red boxes.
INDEPENDENT CONTRACTOR
Check Requisition
To: CAMPUS LIFE
Financial Specialist
3500 WSC
PRINT DATE
EX:01-21-2005
1099 / 1042S
INSTRUCTIONS:
1. This form is not to be used in lieu of a purchase requisition or for items which can be interpreted as wages.
2. A SSN or EIN is REQUIRED for before a check can be issued.
3. Requests for reimbursements must be accompanied by receipts.
4. Check will be mailed to payee at address shown.
5. If artist contractor requires payment immediately after their services, check the Need check issued in advance box below.
6. If this expenditure is related to travel, for which a travel application will be issues, please indicate travel application number below.
7. Add Utah State sales tax to the purchase in the appropriate space below if requested by seller.
Pay to the order of:
- Need check issued in advance Department:
Name:
Address:
Address:
Extension:
City, State & ZIP:
Identification No. SSN or EIN:
- Check box if Payee is not a U.S. citizen
Phone:
Expected time period of contract from
Payment Method:
Work to be performed (describe in detail):
Location work will be done:
Why this contractor? (explain):
Account Code:
Authorized Signature
Printed Name:
Total amount of contract:
Performance Contract
This contract made and executed in duplicate on
,by
of Brigham Young University (hereafter referred to as The University) and
(hereafter referred to as The Performers).
Whereas, The University desires to engage The Performers
and the latter are willing to perform upon the terms and conditions hereafter set forth. Therefore, it is mutually agreed
between the parties as follows:
1.
2.
3.
4.
5.
The Performers shall appear under the auspices of The
University on
between
try, the Church or other worthwhile institutions; no
reference to Satan-worship or sympathy for such or
any other practice that is contrary to the best standards of behavior of society; nor shall there be any
profane usage of the names of Deity.
Observe The University's dress standards, including
(but not limited to) the following: The Performers
shall be neat and modest in appearance; old, wornout clothing; miniskirts; or extremely tight-fitting or
For the performance mentioned in the preceding para- revealing clothing is not acceptable. Hair shall be of
graph, The University agrees to pay The Performers moderate length and beards neatly trimmed. The
staff and guests of The Performers shall observe
$
. If The Performers require an advance
the same standards.
booking fee, it shall not exceed 30% of the total contract
fee. All payments to The Performers will be made by a
e. The Performers acknowledge having read and unBrigham Young University check within 30 days. A fedderstood the standards described above.
eral I.D. Tax or social security number must be provided
f. Observe any directions of the representative of The
with the signing of this contract.
University pertaining to the type of music to be
The University shall have complete authority as to what
played, the volume of the music, etc.
personnel may be hired in the fulfillment of this contract.
g. Not publicize events or business establishments
Under no circumstances shall The University be held liduring the performance unless requested to do so
able for payment of wages, fees, or other payments
by the representative of The University.
whatsoever to personnel on The Performers' payroll or
6. The Performers agree to notify The University at least
traveling with The Performers.
three weeks prior to the performance regarding the
Before and during the performance, The Performers
number of stagehands and other personnel required by
will be responsible to a representative of The University.
The Performers for performance load-in and load-out.
This person will give The Performers any instructions
Failing
such notification, The University shall not be held
that would modify their performance.
in any way responsible for delays or difficulties that may
The University, sponsored by The Church of Jesus
arise because of The University's inability to make the
Christ of Latter-day Saints, has adopted guidelines in
place of performance available for unloading and set-up
music, dress, lighting and behavior of performers. The
or its inability to have the required number of personnel
Performers, staff, and their guests shall conduct
for unloading and set-up.
themselves in harmony with such guidelines, including
The Performers hereby agree that they will promptly
those in the Church Educational System Honor Code 7.
present themselves at the place and time of the perwhich are incorporated by reference into this contract,
formance, as outlined above, and faithfully present their
and shall:
performance during the time of their employment. If for
a. Not consume or have in their possession any alcoany reason (including cancellations due to weather conholic beverages or drugs or substances controlled
ditions), The Performers fail to perform or require a
by law (except medications prescribed by a doctor)
change of date, except as described in the contract, The
either immediately before, during, or immediately afPerformers will reimburse The University for its exter the performance covered by this contract on or
penses, including attorneys' fees and other costs of colnear the premises of the appearance.
lection, immediately upon presentation of a statement of
such expenses to The Performers or their representab. Not use tobacco of any nature on or near the premtive.
ises of the appearance.
The University has the right to cancel the performance
8.
c. Respect the high moral and ethical standards of The
at any time prior thereto. If the notice of cancellation is
University by presenting only the most tasteful rougiven to The Performers in writing at least 7 days prior
tines, scripts, lyrics, and actions. There shall be no
to the date of the performance, this contract shall autoprofanity, swearing, vulgarity, or suggestive stories;
matically become null and void, and neither party shall
no reference to sexual promiscuity; no glamorizing
be obliged to the other in connection therewith. Howor promoting violence or alcohol, drugs, or other
harmful substances; no disrespect for family, cound.
ever, if cancellation is made less than 7 days prior to the 14. This agreement is made upon the express condition that
The Performers, recognizing the hazards and danger
performance, The University shall pay The Performers
inherent in the contemplated activity(s) do hereby agree
50% of the contract price specified in paragraph 2.
to assume full responsibility for all of the risks surround9. Neither The Performers nor their representative shall
ing their participation in said activity(s) and all risks ashave any claim for damages for performances presociated with their own health problems and physical or
vented, rendered impossible or unfeasible, by any act or
emotional limitations for them, their heirs and personal
regulation of any public authority bureau, civil tumult,
representative(s),
and guests, do hereby fully release
strike, epidemic, interruption in or delay of transportation
The University and all its officers, employees, and
services, interruption of public utilities, war conditions or
agents, without limitation or qualification, as to any and
emergencies, or any cause beyond the control of The
all liabilities, claims, demands, and actions which may
University.
be made by The Performers for any losses, expenses,
10. The Performers shall comply with all applicable laws,
or damages of any kind concerning property or personal
ordinances, and regulations of federal, state, or local
injuries (physical or emotional) or death which may regovernmental agencies or bodies. This includes (but is
sult directly or indirectly, from their activities under this
not limited to) procurement and payment for any recontract, unless such damage or injury is primarily the
quired performance license and payment of any royalty
direct result of a negligent act of omission by The Unifees relating to the music and lyrics presented.
versity or any of its officers, employees, or lawful agents
and not caused in part by the negligence of The Per11. Since The University places certain restrictions on disformers, their staff, or guests. The Performers shall
playing, selling, or taking orders for merchandise on
indemnify and hold The University harmless from any
campus by third party vendors, The Performers or their
claims or liabilities for any damage to property or injury
representatives desiring to vend merchandise must
submit and adhere to a BYU Guest Services Vendor
or death of any person arising from the negligence of
The Performers, their staff, or guests, and from all
Cashiering Agreement (attached). The Performers may
costs and attorneys' fees incurred by The University in
elect to use BYU cashiering services which will collect
defending any such claim or action.
and pay sales tax, or, if The Performers have a valid
Utah state sales tax number, they may decline cashier- 15. Since this contract creates no agency relationship, The
ing services and assume responsibility to collect and
Performers shall not, represent themselves as agents
pay sales tax themselves.
of The University, beyond providing the service(s) of a
broker as described above.
12. If The Performers' representative is not authorized to
execute this contract, the representative shall be indi- 16. It is understood that all of these agreements shall be
vidually liable for all charges made pursuant to the constrictly construed, and that any violations by The Pertract for all costs, expenses, and attorneys' fees incurred
formers, staff or their guests shall constitute a breach of
by The University to enforce this contract or defend
this contract and require a forfeiture by The Performers
claims made by reason of cancellation of the performof all amounts that would otherwise have been payable
ances.
to them.
13. The Performers agree to conduct their activities with full 17. This contract contains all terms and conditions agreed
regard to public safety, and will observe and abide by all
upon by the parties hereto, and no other agreements,
applicable regulations and requests made by The Unioral or otherwise, regarding the subject matter of this
versity to assure such safety. The Performers assume
contract shall be deemed to exist or bind any of the parfull responsibility for damages to facilities and equipment
ties unless such agreements are signed by both parties
and any and all damages suffered by The University
and appended to this contract at least four weeks prior
staff or audience members as a result of negligence or
to the performance.
accident caused by The Performers, staff, or their
guests.
The University
The Performers
Authorized Representative Signature
Name:
Authorized Representative Signature
Name:
Date:
Phone:
Fax:
Date:
Address:
Phone:
FID Tax/SS#:
Fax:
PART-TIME REQUEST FOR APPROVAL OF SUPPLEMENTAL
COMPENSATION
Approval is requested for the employee named below to be allowed payment in addition to the regular wages for the work request below, which is performed apart from
and in addition to the employee filling his/her regular University assignment and outside of the regular work hours.
Name of Employee
BYU ID Number
Regular Department
Regular Job Title
Requesting Department
Campus Address
Date
Hrs worked per Week
Account Number to be Charged
Description of work to be done
Hourly Rate Requested for:
International Student (All assignments may not exceed 20 hrs/week. Questions, contact 422-3562)
Student Hourly
Category 1
Category 2
Total Hours to be Worked _________________
If work is the same as the work performed on the regular assignment, the employee’s regular rate must be used.
Regular rate =
$_________________ Per hour
Rate to be paid (time and 1/2, if hours exceed 40/week) =
$_________________ Per hour
If work is different than work performed on the regular assignment, a different rate may be used.
Regular rate =
$_________________ Per hour
Rate to be paid (time and 1/2, if hours exceed 40/week) =
Project Rate requested for:
$_________________ Per hour
International Student Contract
$ ___________________ Per project or assignment
Student Contract
Continuing Education Contract
Estimate of Hours to Be Worked________________
Employee Agreement
Work completed was accomplished outside of my regular assignment and working hours.
__________________________________________________________ ______________
Employee Signature
Date
APPROVALS
Employee’s Supervisor Approval
Requesting Department Approval
_____________________________________ ______________
Signature
Date
Regular Department Approval
_____________________________________ ______________
Signature
_____________________________________ ______________
Printed Name
_____________________________________ ______________
Signature
Date
Please submit signed form for HR authorization to:
Student Hourly & Contract Employees: Student Employment Office - 2024 WSC
Category 1 & 2 Employees: Staff Employment Office - D70 ASB
Continuing Education Contracts: Compensation Office - D240 ASB
If you have questions, please call Compensation, ext. 2-7534
Date
Phone Number
Human Resource Services Approval
_____________________________________ ______________
Signature
Date
BYU Guest Services Vendor Cashiering Agreement
The Undersigned vendor agrees as follows:
Brigham Young University places certain restrictions on the displaying, selling, or taking orders for merchandise
on the BYU Campus by third party vendors. Vendors allowed to sell merchandise in connection with the attendant
Performance Contract may use cashiering services from BYU Guest Services which will collect and submit sales
tax. Alternatively, by providing a copy of their Utah State Sales Tax License, vendors may decline BYU cashiering
services and be responsible to collect and pay sales tax.
Event Information
Cashiering Information
Check one of the following cashiering services options: [NOTE: Guest Services Cashiering is not able to
process credit card payments. If you require credit card transactions, contact Spencer Hawkins at
the BYU Bookstore (801.422.8099) for information and arrangements. Use their agreement.]
-
I agree to have Guest Services sell my merchandise for a price which includes the sales tax. The
sales tax will subsequently be deducted from the purchase price. Cashiering services are calculated at an
hourly rate of $9.00 for each cashier. Both the taxes and cashiering fees will be deducted from the gross receipts before payment is made to me.
I agree to have Guest Services sell my merchandise for a price which does not include the sales tax. The
sales tax will then be calculated and added to the purchase price. Cashiering services are calculated at
an hourly rate of $9.00 per cashier plus a $25.00-per-day cash-register rental fee for each cash register.
The taxes, cashiering fees, and register rental will be deducted from the gross receipts before payment is
made to me.
I decline cashiering services. I agree to accept all responsibility and liability for collecting, reporting, paying and documenting applicable sales taxes. I further agree to indemnify BYU against any claims, including
reasonable attorneys' fees, relating to sales taxes due to my declination of cashiering services by BYU.
I
have attached a copy of my valid Utah State Sales Tax License to this agreement.
Vendor Information
Authorized Signature
Name:
Date:
Address:
Phone
Fax:
Utah State Sales Tax License number:
BYU GUEST SERVICES z 3326B WSC z 801.422.3123