Legal Issues and Insurance

Important: in addition to the information noted below, please also refer to the sections on “Event Policies” and “Internal vs. External Events” for other information on contracts and insurance.

Contract review for events
The rules of contract review and processing are reprinted from the newsletter Of Counsel. Of Counsel newsletters are posted on the University Counsel Web site. These rules contain important information and deadlines on getting event contracts processed and signed. Please review the following information carefully before planning your event.

• Do not sign contracts. A contract is any document that obligates or commits the University to do something in exchange for the other party's agreement to do something else. Any document that requires a signature is a contract, even if there is no money involved.
• There are only three individuals who have been authorized by the Board of Trustees to sign agreements on behalf of the University: the President, the Senior Vice President of Administration and Finance, and the Treasurer.
• In order to have one of these three authorized persons sign your contract, a hard copy of the agreement must first be brought to the Office of the University Counsel for review. The office is located at 378 Columbus Place
• Contracts to be reviewed must be either hand delivered or sent by campus mail to Karen Brown, Office of the University Counsel, 378 Columbus Place.
• Do not send contracts via e-mail. Contracts must be logged into a tracking system. Therefore, no contract can be reviewed by University Counsel until a hard copy has been logged into the system.
• a. Review will be for legal compliance and for compliance with applicable University policies. For instance, as just one example, vendor contracts are reviewed to make sure they comply with the University’s insurance requirements. However, the University Counsel’s Office does not evaluate the business terms of the event, such as pricing. The submitting department must determine if those terms are appropriate before the contract is submitted for review.
  b. The project, event, or other subject matter of the contract may not be publicly advertised and may not begin until the contract is signed by all parties.
• After the contract has been reviewed and initialed by the University Counsel’s Office, it will be sent to one of the authorized parties for signature.
• After signature, you will be notified that your contract is ready for pick-up. That notification will come from the office of the individual who signed the contract. We do not track the status of a contract once it leaves this Office. The university Counsel also is not involved in this final step.
• a. The Office of University Counsel reviews 2,500 to 3,000 contracts on an annual basis. While some agreements are a page or two, the majorities exceed five pages and many are over twenty pages. On average, that means a minimum of nine contracts a day are reviewed by University Counsel and often more, to meet this demand. Contract law is only an aspect of the legal business handled by the Office of University Counsel. The Office represents the University in all of its varied legal matters.
  b. Therefore, given the sheer volume of contracts at the University, it is imperative that you allow a minimum of 10 working days for review and processing. That means at least two weeks after our Office has received the contract. While in the past, the Office of the University Counsel has been able to make exceptions to this time requirement, based upon the number of agreements, effective immediately, no such exceptions can be made without a personal request to and approval of the Vice President and University Counsel.
• The two-week minimum requirement is necessary to ensure the University's agreements are properly logged, reviewed, and tracked. The complexity of some contractual relationships or other legal issues related to a particular contract may extend the review period, however. Therefore, you should submit your agreement as far in advance of the event or the anticipated effective date of the agreement as possible.
• Contracts with terms longer than one year also must be approved by the Board of Trustees. Most event contracts will not fall into this category. An example of a multi-year event contract would be a long-term commitment with a particular venue.
• Failure to timely submit a contract for review or failure to submit a contract at all may result in cancellation of the event or the work to be performed.

Important note: Signing an agreement on your own can also result in personal liability for costs and liabilities as well as disciplinary action.

Contracts with outside groups using University facilities
If you are working with or have been approached by an outside group that would like to hold an event on campus, please contact the Office of University Events. We can help you with the steps you need to take in order for the University to allow the event on campus and to get a contract in process, to understand insurance requirements, and meet additional requirements.

An outside group that wishes to use University meeting or event space must have a written contract with the University. Events may not begin until a contract is signed by all parties.

CONTRACTS FOR EVENTS BY OUTSIDE GROUPS CONTAIN THE FOLLOWING INFORMATION:

• Names of all parties involved (University is ”Licensor”; outside group is “Licensee”
• Description of the event
• Premises to be used
• Term and Use (dates and times)
• Fees (charges for facility rent and other associated costs)
• Payment schedule
• Description of services
• Property not removed
• Maintenance and facilities
• Destruction of the premises
• Force Majeure (providing for cancellation for reasons beyond the parties' control)
• Indemnity and liability insurance
• Licensor’s access to premises
• Licensor’s remedies
• Conditions to licensor’s obligations
• Miscellaneous provisions
• Contracts with event vendors

Contracts with event vendors
If you have an event on or off campus and need to hire a vendor to provide goods or services, you will need a contract with the vendor or supplier. Do not sign contracts. All contracts, including vendor contracts, must be reviewed and approved by University Counsel, and can only be signed by the authorized officials referenced earlier.

Examples of event vendor contracts include hotel contracts, catering contracts, and contracts to hire musicians or entertainment for an event. If in doubt about an event or event vendor contract, please contact the Office of University Counsel, ext. 2157.

Insurance
Insurance requirements for University events, including but not limited to outside groups using University facilities should be addressed with the Office of Risk Management, ext. 8668, well in advance of any planned activities.

All events sponsored by Northeastern University personnel must be properly insured. If a University department plans to hold an event on or off campus that involves external vendors, the University may seek insurance coverage from the outside vendor. The coverage will be in the form of an insurance certificate. In other cases, an outside venue may seek insurance coverage by Northeastern University.

• When you are planning an event at an offsite location, Northeastern University policy requires insurance coverage for Northeastern University by the outside entity. You must make this request and obtain that proof of coverage before you submit a contract to University Counsel. The Risk Management Office can provide details about the specific coverage needed. Failure to obtain this insurance will result in delays in contract processing.
• The Northeastern University Office of Risk Management has specific insurance requirements for vendors or contractors whose operations may occur on the premises of the University.
• If a venue or vendor seeks insurance coverage from the University, the Risk Management Office will determine whether the University will agree to that request. Please plan for this additional step in contract processing.

Any member of the Northeastern University community seeking to satisfy the Certificate of Insurance requirements should contact the Office of Risk Management at ext. 8668.

Licenses/Permits
In some cases, special licenses or permits may be required for an event. Please check with the Office of Government Affairs, ext. 3168.

Music Licensing
Most music played at meetings or events is copyrighted, and U.S. copyright law states that people who hold copyrights have a property right to their work. Thus, they can determine who can use their property, and they generally receive a fee for this use. There is also non-copyrighted music available that is not subject to these requirements. The University has entered into licenses with various music organizations. Please consult the Student Activities office, ext. 2642, or the University Copyright officer, ext. 4441, for details.

Alcohol and liquor liability
Only Chartwells TIP-certified bartenders may service alcohol on campus. No other caterer may serve alcohol at an event on campus. Please refer to “Event Policies” elsewhere in this publication for additional regulations concerning the service of alcohol at University events.

On a case by case basis, if Chartwells is serving alcohol at your event, you may be required to arrange for and pay for costs associated with Northeastern police detail at the event. NU Public Safety will determine if a mandatory paid detail is required.

Events held off campus that involve the serving of alcohol shall be required to adhere to the University Policy on such events. Insurance certification from outside venues serving alcohol must specifically include liquor liability coverage.