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Football Game Agreement
THIS AGREEMENT is entered into on June 19, 2015 by and between the Indiana University
Department of Intercollegiate Athletics, on behalf of the Trustees of Indiana University ("IU"),
and Georgia Southern University ("Visiting Team") (collectively, the "Parties").
WHEREAS, IU and the Visiting Team desire to provide for the participation between the
Parties' varsity football teams in a game of football;
NOW, THEREFORE, in consideration of-the foregoing, IU and the Visiting Team agree as
follows:
1.

Event. The varsity football team representing IU and the Visiting Team shall
participate in the game of football at IU in Bloomington, Indiana on September 23,
2017 (the "Game") at a time to be determined by IU, in conjunction with agreements
with the Big Ten Conference and its television partners concerning the broadcast of the
Game.

2.

Rules of the Contest. The Game, including the eligibility of the participating players
and coaches, shall be governed by the rules and regulations of the National Collegiate
Athletic Association ("NCAA"), the Big Ten Conference, the Visiting Team's .
conference and the institutional rules ofIU and the Visiting Team.

3.

Compensation. IU agrees to pay the Visiting Team $800,000 for participation in the
Game within 60 days following the Game.

4.

Officials. The officials who shall be in charge of officiating the Game shall be
appointed by the Big Ten Conference.

5.

Tickets. IU shall determine ticket prices for the game. The Visiting Team shall be
provided 400 complimentary tickets, if requested. The Visiting Team shall be provided
up to 2,500 tickets for sale to its fans, if requested. Unsold tickets must be returned to
IU 14 days prior to the game date.

6.

Cheerleaders and Mascots. Upon approval ofIU, which approval shall not be
unreasonably withheld, the Visiting Team's cheerleaders and mascot who are dressed
in uniforms will be admitted to the Game at no cost; will be permitted to perform under
the rules and regulations of IU; and will not be included in the complimentary ticket
allowance.

7.

Vending. IU shall have the exclusive right to sell programs and operate concessions
and parking. All income from program sales, concessions, and parking shall be the sole
property ofIU.

8.

Medical Care. IU shall have a medical doctor and an ambulance at the Game site
throughout the duration of the Game.
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 9.

Television Broadcast Rights. Visiting Team acknowledges and agrees that (a) all
rights to telecast or distribute, live or delayed, whole or condensed (including
highlights), throughout the universe, in any and all markets, in any and all languages,
and via any and all forms of media and methods of distribution and distribution
technology IU home football games have been assigned by IU to the Big Ten
Conference, Inc. ("the Big Ten"), which in tum has entered into agreements with
certain third parties for the telecast or distribution of such games; (b) IU has no ability
to grant to Visiting T earn any rights for the telecast or distribution of the Game played
pursuant to this Agreement; and (c) the Big Ten shall have the exclusive right to retain
all revenues derived from the telecast or distribution of the Game played pursuant to
this Agreement.

10.

Radio Broadcast Rights. IU shall retain the right of contracting for radio broadcast of
the Game and shall retain the revenue from all radio rights to broadcast the Game.
Notwithstanding the above, the Visiting Team shall have the right of designating one
radio station in its home area which shall be given the right, for free, to broadcast a live
radio description of the Game. Receipts for this broadcast shall belong to the Visiting
Team.

11.

Use of Game Video. Each team shall have the right to produce films and/or videotapes
of the Game played pursuant to this Agreement for coaching purposes and for use in a

weekly coaches' show only and for no other purpose. Such films and/or videotapes
may not be replayed, used or otherwise distributed by the Visiting Team to any person
other than the incorporation of up to eight minutes (8:00) of highlights of the Game as
part of a weekly coaches' show and to its football team coaches and players. IU agrees
to provide reasonable facilities for such cameras as may be reasonably required by the
Visiting Team to produce such films and/or videotapes. Any other usage by the
Visiting Team 9f footage of the Game played pursuant to this Agreement shall be
governed by a separate agreement between the Big Ten and Visiting Team. Each team
may retain all income that it may receive from such opportunities.
12.

Force Majeure. This Agreement shall be void with respect to the Game in the event
that it becomes impossible to play the Game by reason of unforeseen catastrophe or
disaster, including but not limited to fire, flood, earthquake, inclement weather, war,
confiscations, by order of government, military or public authority or prohibitory
injunctive orders of any competent judicial or other governmental authority. Notice of
such catastrophe or disaster shall be given as soon as reasonably practicable. No such
cancellation shall affect the Parties' obligations as to subsequent games, if any, covered
by this Agreement, unless agreed to by mutual consent.

13.

Termination. This Agreement may be terminated under the following conditions:
A. By mutual consent of both Parties, in writing.
B. By either party ifthat party has formally dropped NCAA participation in the sport
identified in this Agreement.
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 14.

Cancellation and Failure to Appear. Either Team must notify the other if they do not
intend to appear for the Game.
A. If the either Team provides notice that they do not intend to appear before the time
scheduled herein for the Game, the cancelling Team shall pay a liquidated sum of
$1,800,000. The Parties agree that the damages for the breach of this Agreement
would be uncertain and/or difficult to ascertain. The Parties further agree that the
sum provided for herein is a reasonable estimate of the damages that would be
incurred as a result of breach and is not a penalty. Payment must be made within 60
days following the scheduled date of the Game.
B. If either Team fails to appear at the time and place scheduled herein for the Game,
except as provided in Part A above, the cancelling Tearn shall be deemed to have
breached this Agreement and shall pay a liquidated sum of $2,500,000. The Parties
agree that the damages for breach of this Agreement for failure to appear would be
uncertain and/or difficult to ascertain. The Parties further agree that the sum
provided for herein is a reasonable estimate of the damages that would be incurred
as a result of breach and is not a penalty. Payment must be made within 60 days
following the scheduled date of the Game. -

J 5.

Conference Assessments. Each party shall be solely responsible for payment of any
assessments due its own conference or any other governing body.

16.

Notices. Any notice required to be given under this Agreement by either IU or the
Visiting Team to the other shall be in writing, postage prepaid, addressed to the
following addresses:
lfto IU:

Vice President and Director of Intercollegiate Athletics
Indiana University
North End Zone
1001 E. 17th Street
Bloomington, IN 47408

lfto the Visiting Team:

Director of Athletics
Georgia Southern University
PO Box 8086
Statesboro, Georgia 30460

17.

Severability. If any provisions of this Agreement or any application thereof shall be
invalid or unenforceable, the remainder of this Agreement and any application of such
provision shall not be affected.

18.

Waiver of Rights. No failure by either party to insist upon the strict performance by
the other of any term or condition of this Agreement or to exercise any right to remedy
contingent upon a breach thereof shall constitute a waiver of any such breach or of such

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 ..
term or condition of this Agreement and the term or condition shall continue in full
force and effect with respect to any then-existing or subsequent breach.
19.

Integration. This Agreement constitutes the entire Agreement between the two
Parties. There are no understandings, agreements, or representations, oral or written,
not specified herein regarding this contract. No amendment, consent, or waiver of
terms of this contract shall bind either party unless in writing and signed by both
Parties.

20.

Authorization. The persons executing this agreement on behalf of their respective
institutions warrant that they are duly authorized to do so.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day, month
and year first above written.

INDIANA UNIVERSITY

VISITING TEAM
By:

Tom Kleinlein
Director of Athletics

Vice President and Director of
Intercollegiate Athletics

k.-tJ.dL/;v<

4t"~

MaryFrar,i~@s

MeCourt
.Senior Viee President, CFO ttnd
'Hea5ttrer

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