Football Games Agreement
THIS AGREEMENT is entered into on June 24, 2015 by and between the Indiana University
Department of Intercollegiate Athletics, on behalf of the Trustees of Indiana University ("IU"),
and the University of North Carolina-Charlotte ("Visiting Team") (collectively, the "Parties").
WHEREAS, IU 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:
1.

Events. The varsity football team representing IU and the Visiting Team shall
participate in games of football at IU in Bloomington, Indiana on October 1, 2022
("Game 1") and September 23, 2023 ("Game 2") (collectively, the "Games") at times to
be detennined by IU, 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 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 $1,000,000 for Game 1 and
$1,l 00,000 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 and paid by IU.

5.

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

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 Games at no cost~ will be permitted to perform
under the rules and regulations ofIU; and will not be included in the complimentary
ticket allowance.

7.

Vending. IU shall h~ve 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.

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

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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 TU home football games have been assigned by JU 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 Garnes 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 Garnes as part of a weekly coaches' show and to its football team coaches and
players. lU 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 Garnes 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 either Game or both
Garnes in the event that it becomes impossible to play the Game(s) 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 if that party has formally dropped NCAA participation in the sport

identified in this Agreement.
14.

Cancellation and Failure to Appear. Either Party must notify the other Party if it does
not intend to appear for a Grune.
A. If either Party provides notice that it does not intend to appear 2 years before the

time scheduled herein for each Game, the non-appearing Party shall pay to the other
Party a liquidated sum of $800,000 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 fbrther 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 each Game for which this notice has been given.
B. If either Party'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 nonappearing Party shall be deemed to have breached this Agreement and shall pay
to the other Party a liquidated sum of $1, l 00,000 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 within 60 days following the scheduled date of each
Grune that the team fails to appear.
15.

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

If to the Visiting Team:

Director of Athletics
Charlotte 49ers Athletics
9201 University City Boulevard
Charlotte, NC 28223

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 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
petformance by the other of any tenn 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 tcnn or condition of this Agreement and the
tenn or condition shall continue in full force and effect with respect to any thenexisting or subsequent breach.

19.

19.

Integration/Counterparts. 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 oftenns of this contract
shall bind either party unless in writing and signed by both Parties. The
parties may sign several identical counterparts of this Agreement. Any fully
signed counterpart will be treated as an original.

20.

Autltorizatio11. 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:

G. Frederick Glass
Vice President and Director of
Intercollegiate Athletics

irector

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Brad Lambert, Head Football Coach

Treasurer

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