Football Games Agreement
THIS AGREEMENT is entered into on June l?, 2015 by and between the Indiana University
Department of Intercollegiate Athletics, on behalf of the Trustees of Indiana University ("JU"),
and the University ofldaho ("Visiting Team") (collectively, the "Parties").
WHEREAS, JU and the Visiting Team desire to provide for the participation between the
Parties' varsity football teams in the games of football;
NOW, THEREFORE, in consideration of the foregoing, IU and the Visiting Team agree as
follows:
l.

Events. The varsity football teams representing JU and the Visiting Team shall
participate in games of football at IU in Bloomington, Indiana on October 2 2021 and
September 17, 2022 (the "Games") at times to be determined by JU, in conjunction
with agreements with the Big Ten Conference and its television partners concerning the
broadcast of the Games.

2.

Rules of the Contest. The Games, including the eligibility of the participating players
and coaches, shall be gQvemed 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 of IU and the Visiting Team.

3.

Compensation. IU agrees to pay the Visiting Team $1,200,000 for Game I and
$1,300,000 for Game 2 for participation in the Games. Payment will be made within 60
days following the Games.

4.

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

5.

Tickets. JU shall determine ticket prices for the Games. The Visiting Team shall be
allowed 300 complimentary tickets.

6.

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

8.

Medical Care. lU shall have a medical doctor and an ambulance at the Games site
throughout the duration of the Games.

 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 JU home football games have been assigned by IU to the Big Ten
Conference, Inc. ("the Big Ten"), which in turn has entered into agreements with
certain third parties for the telecast or distribution of such games; (b) JU has no ability
to grant to Visiting Team any rights for the telecast or distribution of the Games 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 Games played pursuant to
this Agreement.

10.

Radio Broadcast Rights. JU shall retain the right of contracting for radio broadcast of
the Games and shall retain the revenue from all radio rights to broadcast the Games.
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 Games. Receipts for this broadcast shall belong to the Visiting
Team.

11.

Use of Games Video. Each team shall have the right to produce films and/or
videotapes of the Games 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 Games as part of a weekly coaches' show and to its football team coaches and
players. JU 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 of footage of the Games 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 Majenre. This Agreement shall be void with respect to the Games in the event
that it becomes impossible to play the Games 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.

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 B. By either party ifthat party has formally dropped NCAA participation in the sport
identified in this Agreement.
14.

Cancellation and Failul'e to Appear. The Visiting Team must notify HJ if they do not
intend to appear for a Game.

A. If the Visiting Team provides notice that they do not intend to appear 2 years before
the time scheduled herein for each Game, the Visiting Team shall pay to JU a
liquidated sum of$1,000,000 for each game for which notice has been given. 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 to JU within 60 days following
the scheduled date of each Game for which this notice has been given.
B. If the Visiting Team's varsity football team fails to appear at the time and place
scheduled herein for each Game, except as provided in Part A above, the Visiting
Team shall be deemed to have breached this Agreement and shall pay to JU a
liquidated sum of $1,300,000 for each game that the team fails to appear. 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 to JU
within 60 days following the scheduled date of each Game that the team fails to
appear.

15.

Conference Assessments. Each patty 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 JU or the
Visiting Team to the other shall be in writing, postage prepaid, addressed to the
following addresses:
Ifto JU:

Vice President and
Director of Intercollegiate Athletics
Indiana University
North End Zone
I 001 E. 17th Street
Bloomington, IN 47408

Jfto the Visiting Team:

Director of Athletics
University of Idaho
Kibbi-ASUI Activity Center
875 Perimeter Drive MS 2302
Moscow, ID 83844

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 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
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.

Choice of Law. This Agreement shall be governed, construed and enforced in
accordance with the laws of the State of Indiana, regardless of its place of execution.
Any legal action arising under this Agreement shall be brought exclusively in the state
court of Monroe County in the State of Indiana.

20.

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.

2 I.

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
By:

VISITING TEAM
By:

For the Regents of the University of Idaho

&d

G. Frederick Glass
Vice President and Director of
Intercollegiate Athletics

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