BOSTON COLLEGE
FOOTBALL GAME CONTRACT
THIS AGREEMENT entered into this 7th day of June, 2019, by and between THE
TRUSTEES of BOSTON COLLEGE (“Team A”) and the University of Cincinnati
(“Team B”):
1
PURPOSE. The purpose of this Agreement is to confirm the arrangements and
conditions under which Team A and Team B will compete in one or more games
of football during the regular football season(s) as set forth in section 2.
EVENT. Each party shall cause its varsity football team to play the other in.
‘a game of football (2 “Game” or “Games”) in accordance with the terms of this
Agreement. The Games shall be held as set forth below:
Date Place *Time ‘Home Team
9/52026 Cincinnati, OH TBD University of Cincinnati
9/18/2027 Chestnut Hill, MA TBD Boston College
"Kick-off times will be dictated by network agreements, Both schools
acknowledge that the date(s) listed above are tentative and subject to change
pending the mutual agreement of the Atlantic Coast Conference Office, the
Conference Office of the opponent school, and the participating institutions.
Should a change in date be necessary to complete the ACC’s and the American
Athletic Conference Schedules, both teams will give a good faith effort to
facilitate the requests of the Conference offices. Game times shall be no earlier
than 12:00 pm and no later than 8:15 pm local time,
RULES FOR CONTEST. Bach game shall be governed by the applicable rules
of the National Collegiate Athletic Association (NCAA) as in effect at the time of
the contest.
ELIGIBILITY OF TEAM MEMBERS. The eligibility of each team member to
participate in the Game shall be governed by the rules and regulations of the
NCAA, its institution, and the rules of the athletic conference, if any, of which
cach institution is a member,
OFFICIALS. The officials for each Game shall be assigned by the coordinator of
football officiating of the conference of the Visiting Team,6
COMPENSATION TO VISITING TEAM. The Host Institution shall pay the
Visiting Institution a set guarantee of $300,000 for each game, Said guarantee is
to be paid on or before February 15" of the year following the game. Revenue
from radio and television shall be distributed between the parties as set forth in
Sections 9 of this Agreement,
ALLOCATION OF TICKETS.
A. Ticket prices will be established by the Home Team
B. The Visiting Team shall be allowed 300 complimentary tickets.
C. Band members (Limit 50), cheerleaders, and mascot for each team shall be
admitted without charge when in uniform, and shall not be included in the
complimentary ticket allotment. Seating for the band must come out of the
Visiting Teams ticket allotment and seats for the band shall not be in the
coaching atea, Unused tickets allocated for band seating will be retumed to the
‘Home Team prior to the game at no cost to the Visiting Team.
D. __ The Visiting Team shall be allotted up to 3,000 tickets for sale to its fans.
In July of the year the Home Team is to host, the Home Team will forward
stadium seating chart indicating the location of the Visiting Team's allocation of
seats, The Home Team will exercise its best efforts to provide seating for the
Visiting Team which includes an agreed upon number of tickets with reasonable
sideline locations and sight lines. Any tickets not sold by the Visiting Team must
be returned to the Home Team no later than 2 days before the date of the game, or
the Visiting Team will be responsible for paying the Home Team for said tickets.
SIDELINE PASSES. The Visiting Team shall be allowed 60 sideline passes at no
charge, ‘These passes shall be in addition to complimentary tickets and in addition
to the froe admission of cheerleaders and mascot. Such passes are for use by
coaches, trainers, and working personnel only. Sideline passes must be worn by
all personnel with the exception of varsity players in uniform. Ali Visiting Team
sidoline passes will be restricted to the Visiting Team area (between the 25 yard
lines), and all pass holders must be at least 16 years of age.
MEDIA RIGHTS- 1 CAST, RADI (ERNET:
A. Radio Rights. The home team (or its conference) for each Game covered by
this Agreement owns and retains, and is entitled to retain all revenues derived
thereftom, all rights to create and distribute live or delayed audio-only
coverage of such Game, provided that the visiting team may create and
distribute, on a non-exclusive basis, and retain the revenues derived
therefrom, its own audio-only full-game account of the Game for distribution
by the visiting team’s regular season radio broadcasting network via terrestrial
radio, satellite radio, internet and other digitally distributed means. The home10.
it
team for each Game shall provide to the visiting team one radio outlet location
for the aforementioned broadcast.
B, Television end Other Distribution Rights. Except for the radio rights
described in clause (A) above, the conference of the home team for each
Game covered by this Agreement exclusively owns and retains, and is entitled
to retain all revenues derived therefom, all rights to televise or otherwise
distribute audio, video or audiovisual coverage of such Game and any and all
portions of such Game (whether live or delayed and including re-airs and
highlights) throughout the universe by any and all means, uses, and media
now known ot hereafter developed. If and to the extent the visiting team has
or will have any such rights, the visiting team irrevocably assigns, conveys,
and transfers all of such rights to the conférence of the home team in
perpetuity. Notwithstanding the foregoing, (i) the visiting team and its
conference shall have the non-exclusive rights to create and distribute coach’s:
films of each Game for use solely by the visiting team, professional sports
leagues and other colleges and universities solely for coaching and scouting
purposes (and for no other purpose, including for general distribution on any
linear or digital network), and (ii)if the respective conferences of the
institutions party to this Agreement enter into a separate agreement describing
the rights of a visiting team (and/or its conference) to distribute audiovisual
coverage of a game played between institutions from such respective
conferences, and such agreement remains in full force and effect when any
Game covered by this Agreement occurs, the visiting team (and/or its
conference) for such Game shall have the rights as described in such
agreement.
C. Other Rights. ‘The visiting team for each Game covered by this Agreement
hereby authorizes the home team (and its conference) to use (and to authorize
cach entity effecting or facilitating the telecast or other distribution of such
Game to use) the trademarks and logos of the visiting team to promote and
publicize such Game and the participating teams and institutions, provided
that such trademarks and logos must not be used as an endorsement of any
product or service or in connection with any political cause or candidate,
3
Controlling Language. To the extent that this Section conflicts or is
inconsistent with any other language ot provision in this Agreement, the terms
and content of this Section shall contro! and supersede any other such
language or provision.
PROGRAMS. The Visiting Team shall be furnished 100 free programs, to be
delivered to its dressing room at least one (1) hour before game time,
CONCESSIONS, PARKING AND PROGRAM INCOME. The Home Team
shall have the exclusive rights to sell programs and run concessions and parking,12.
13,
15,
All ineome from program sales, concessions and parking shall be the sole
property of the Home Team.
ARRIVAL OF TEAMS, The teams shal] present themselves at the site of the
Game in condition to play at least 30 minutes before the time advertised as the
starting time of the Game.
IMPOSSIBILITY, Ifan unforeseen catastrophe or disaster make impossible the
playing of the Game by either Team, that Game shall be canceled, and neither
‘Team shall be responsible to the other for any loss or damage. Notwithstanding
the proceeding sentence, any financial obligations incurred by either party for
promotion of the Game shall be shared equally. Cancellation of a contest under
this section 15 shall not be deemed as a breach of this Agreement, Notice of such
a catastrophe or disaster shall be given as soon as possible, No such cancellation
shall affect the Teams’ obligations as to subsequent Games covered by this,
Agreement.
DAMAGES.
A. _Ifthis agreement is breached by the Visiting Team, and no Game occurs
between the Home Team and the Visiting Team as a result of such breach, and if
no Game of a similar statute is scheduled by the Home Team to replace the one
canceled because of the breach, then the Visiting Team shall pay to the Home
‘Team:
@® Expenses incurred by the Home Team, if any, in preparing for the event.
Which expenses shall include actual expenditures prior to the breach
which cannot be avoided after the breach; and
(WA liquidated sum of $1,000,000. ‘The parties agree that it is difficult to
predict attendance and revenue for any event, so that such $1,000,000
shall represent liquidated damages for the Home Team’s loss of revenue.
B. __ If this agreement is breached by the Home Team, and no Game occurs
between the Home Team and Visiting Team as a result of such breach, and
if no Game with a team of similar stature is scheduled by the Visiting
Team to replace the one canceled as a result of the breach, then the Home
‘Team shall pay the Visiting Team a liquidated sum of $1,000,000. The
parties agree that itis difficult to predict the attendance and revenues for
any event, so that such $1,000,000 shall represent liquidated damages for
the Visiting Team’s loss of revenue,
CHOICE OF LAW, This agreement shall be governed by the laws of a
state of competent jurisdiction,16, INTEGRATION, This Agreement is the total agreement between the parties with
respect to the subject matter hereof and supersedes in ell respects all other
agreements either written ot oral, No amendment to this Agreement shall he valid
unless reduced to writing and signed by both parties hereto,
17, GAME DATE FLEXIBILITY AGREEMENT,
A. For week I non-conference games, the ACC needs game date flexibility upon
notice in January of the season of the game for the game to be played
‘Thursday, Friday, or Saturday.
B, Game date flexibility is also needed in weeks 2 and 3 to include Thursday and
Friday,
IN WITNESS WHEREOF, the parties hereto by their respective officers duly authorized,
have caused this Agreement to be executed as of the date first above written
For BOSTON COLLEGE:
Name:
Signature:
pate ¢/7/4
Title: William ViCampbell Director of Athletics
For the University of Cincinnati:
Name: Nevill¢ & Pinto paw 7/299
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mie Presi ate 2/09/19