Deck 16: Contract Issues and Venueevent Operations

Question 1

When negotiating and entering into a contractual agreement with another party, it is required each party deal with one another with honesty and fairness, otherwise the contract, or the breach, may be void. This is called:

A) An exculpatory clause
B) A waiver clause
C) The Covenant of Good Faith and Fair Dealing
D) A participation agreement

Answer 1

C

Question 2

When a historical flood causes much of a city to be underwater, rendering sports facilities in the area unusable, a party to a contract will be excused from failing to perform their contractual obligations requiring the use of the facility based on the concept of:

A) Force majeure
B) Material breach of contract
C) Hold harmless laws
D) Facility lease agreements

Answer 2

A

Question 3

A "contractual provision relieving a party from any liability resulting from a negligent or wrongful act" is:

A) Good Faith and Fair Dealing clause
B) A participation agreement
C) A non-assignment clause
D) An exculpatory clause

Answer 3

D

Question 4

Which of the following is NOT an essential component of a valid Agreement to Participate?

A) The nature of the activity
B) The condition of the participant
C) The skill level of the participant
D) The expectations of the participant

Question 5

A contract law principle referred to as _________________ is a defense which can be raised against the enforcement of a contract that is unfair or left the disadvantaged party with an absence of meaningful choice.

A) Unconscionability
B) Conspicuous
C) Force majeure
D) A waiver

Question 6

While language can raise the standard of care owed in negligence concerns, inaccurate language can also cause a party to be liable in instances of breach of contract, fraud, misrepresentation, or a violation of a consumer protection statute.

Question 7

It is important to make important clauses in an agreement, particularly a multipage agreement, conspicuous (noticeable).

Question 8

Language in an agreement or waiver will even excuse conduct that is grossly negligent, reckless or intentional.

Question 9

The lessee is the person or entity who rents or leases a facility from another.

Question 10

Game contracts are typically informal agreements between two teams to play an athletic contest against one another at an undetermined date in the future.

Question 11

A ticket to a sporting event may be revoked, withdrawn, or cancelled at any time.

Question 12

Briefly describe the difference between a hold harmless clause and an indemnification clause.

Question 13

Please identify and explain the two criteria that help ensure waivers and releases are enforceable.

Question 14

You are working for an events company running a youth basketball camp at a local university over the summer. Some college basketball players are working as coaches for the camp. Your company signed a facility lease agreement with the university in order to use their gym. Your company also took out an insurance plan for the camp. All campers signed waivers to release the event company and coaches from injury. Prior to the campers arriving, you inspected the courts for safety issues. You find a water puddle and wipe it up. You also notice some empty water bottles in the corners that someone could potentially slip on, so you pick those up as well. During lunch, the coaches are playing around on the court. When a coach goes to dunk a ball, the hoop falls over as a result of it not having been properly secured. A camper was nearby and was injured as a result. Damage was also done to the floor. The coach was unharmed. Please analyze where you think liability will fall between the events company and the university based on the key components of facility lease agreements and contract law.