FANS FIRST ENTERTAINMENT 6-13-26.pdf
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- CN NE|46100
- Contract number
- 46100
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- Nebraska
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Contract Summary
This is a Facilities Limited Use License Agreement dated October 3, 2025, between the Board of Regents of the University of Nebraska on behalf of the University of Nebraska-Lincoln (UNL) and its Department of Intercollegiate Athletics, and Fans First Entertainment, LLC. The agreement governs the use of UNL's Memorial Stadium and associated facilities in Lincoln, Nebraska for a special event.
The event is the BananaBall Championship League World Tour featuring the Savannah Bananas versus a to-be-determined opponent, scheduled for Saturday, June 13, 2026, at 7:00 PM, with a weather backup date of Sunday, June 14, 2026. The licensee retains 100 percent of general seating ticket sales (71,360 bowl seats at $40–$60 per ticket at licensee discretion), while the university retains 100 percent of premium seating revenues (2,506 suite seats and 8,970 club seats at $90–$115 per ticket). No facility license fee is required from the licensee, and the university waives the nonrefundable deposit. The university will pay the licensee a sponsorship fee of $150,000 within seven business days following the event. The university is responsible for ushers, security, parking attendants, medical staff, and field preparation; the licensee is responsible for talent compensation, equipment, broadcast personnel, advertising, and event production. All concessions, catering, alcohol service, and parking revenues are retained entirely by the university. The licensee must obtain comprehensive insurance with minimum coverage limits of $10 million general liability, $5 million auto liability, and $5 million cyber liability, with additional requirements for workers compensation, pollution liability, and unmanned aerial systems coverage if applicable.
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NEBRASKA ATHLETICS
FACILITIES LIMITED USE LICENSE AGREEMENT
This Facilities Limited Use License Agreement (“Agreement”) is made and entered into this October 3, 2025, by and between the Board of Regents of the University of Nebraska, on behalf of the University of Nebraska-Lincoln (“UNL”) and its Department of Intercollegiate Athletics (“Athletics”), collectively hereinafter referred to as “University,” and Fans First Entertainment, LLC, hereinafter referred to as "Licensee.”
BACKGROUND
The University is the manager and owner of certain facilities, as defined herein, located in Lincoln, Nebraska. Licensee desires to use all or a portion of the facilities, as set forth below, for the purposes stated herein. Accordingly, the University desires to grant to Licensee, and Licensee hereby accepts from the University, a limited use license to use certain areas of the facilities in accordance with the terms and conditions set forth herein.
Now therefore, in consideration of the mutual promises and benefits stated herein, the University and the Licensee agree as follows:
1. License. Subject to the terms and conditions of this Agreement, the University grants Licensee a limited license to use the bowl of UNL’s Memorial Stadium and such additional, other facilities as described in Exhibit A, attached hereto and incorporated herein by reference, to allow for the staging and execution of the event as described in Exhibit A (the “Event”). Collectively, the bowl of UNL’s Memorial Stadium and any facilities identified in Exhibit A shall be referred to throughout this Agreement as the “Facility.” Licensee will not have access to the Facility prior to commencement of the set-up period and shall vacate the Facility no later than the end of the take-down period.
2. Term of License. The license in this Agreement will be effective as of the date and time set forth on Exhibit A and will continue in effect until the date and time set forth on Exhibit A, unless earlier terminated pursuant to the terms of this Agreement (“License Term”). In the event Licensee desires to use any other portion of the facility not defined in Exhibit A, or at any time other than the dates and times defined on Exhibit A, Licensee shall request written permission from the University to use such areas of the facility. In the event such permission is granted, an additional License Fee and reimbursable costs may be applicable. Time is of the essence in this Agreement.
3. License Fee. In consideration of the grant of the license and in accordance with all terms and conditions of this Agreement, Licensee shall pay to the University a fee for the use of the Facility (“License Fee”). The License Fee may be in the form of a flat fee or may be a variable fee based on a percentage of ticket receipts or paid attendance. The License Fee for this Agreement will be as described in Exhibit A. In addition to the License Fee, Licensee may be responsible for other costs and fees as set forth in Exhibit A.
4. Deposit. A non-refundable deposit is required by the University to hold any Event dates for Licensee (“Deposit”). The Deposit amount, as specified in Exhibit A, will be no less than fifty percent (50%) of the estimated total License Fee. The deposit is due sixty (60) days prior to the beginning of the License Term. The remaining balance of the total License Fee shall be paid in full within thirty (30) days after the take-down period.
5. Late Charges. If Licensee fails to pay any amounts after their due date under this Agreement, then Licensee shall pay the University the maximum amount of interest allowed by law for each month that the unpaid balance remains outstanding.
6. Event Expenses. The University shall be solely responsible to provide, at
University’s cost, the Facility and all related Facility features set forth on Exhibit A (“University Expenses”). The University shall not be responsible for providing any services, personnel, equipment, or other items outside of those listed in Exhibit A.
Licensee shall provide and pay for the goods and services set forth on Exhibit A (the “Licensee Expenses”). Should the University provide other services or incur expenses with respect to the Event that are not addressed on Exhibit A, Licensee shall reimburse the University for these other services provided or expenses incurred within thirty (30) days after the Event Date.
7. Tickets and Ticket Office. Unless otherwise stated in Exhibit A, Licensee is responsible for ticketing the Event and will retain any and all revenue from the sale of Event tickets. Licensee shall be responsible for applicable taxes, transaction costs, or other expenses from the sale of tickets. The University shall at all times, itself or through an assigned agent, maintain control and direction of the ticket office unless otherwise agreed by the parties in writing.
8. Merchandise. Licensees or its artists may sell artist and event related merchandise (“Merchandise”) in the Facility with revenues to be distributed as described in Exhibit A, with all expenses assumed by Licensee. Subject to the University’s approval, which shall not be unreasonably withheld, Licensee is permitted to assemble and place various kiosks, signs and other reasonably situated sales stations and stores in the Facility for purposes of merchandise retail.
However, no Merchandise may contain the University’s name, trademarks, or logos (“University Marks”), unless Licensee has first obtained the University’s prior written consent. Any Merchandise that uses the University Marks must be sourced and approved in accordance with the University and Athletics’ Brand Guidelines.
9. Settlement. Unless otherwise mutually agreed, the parties shall settle their mutual accounts within ten (10) business of the Event. On the closing night of the Event, the University will provide a closing box office statement to Licensee. The University shall withhold from the amounts owing to Licensee all sums due pursuant to the cost allocation described in Exhibit A. Prior to the settlement, Licensee shall not be entitled to draw upon such funds unless specific permission has been granted by the University and until Licensee has insured such draw with a bond or letter of credit which is acceptable to University.
10. Rights Reserved. The University reserves to itself and the parties with whom it contracts the sole right: (1) to sell or disburse programs, periodicals, books, magazines, newspapers, soft drinks, flowers, candies, food, or beverages commonly sold or dispensed in arenas or auditoriums; (2) to rent and/or sell cushions and similar articles; (3) to prepare, cater, and serve all food and beverages on the premises, including but not limited to concessions and premium food and beverage services. Unless otherwise specified in Exhibit A, the University will retain any and all revenues from these reserved rights.
11. Parking. Unless otherwise provided in Exhibit A, Licensee understands and agrees that parking privileges are not contemplated by this Agreement and may be addressed pursuant to a separate agreement. Should Licensee desire to use any of the parking lots on University property not addressed in Exhibit A, Licensee must make arrangements in advance with University Parking Services. Parking lot use at Devaney may also require arrangements with Park & Go. Additional fees, which are the responsibility of the Licensee, may apply.
12. Prohibited Activities. The Facility is provided for the Event and for no other use without the prior written consent of the University, which consent may be withheld in the University’s sole and absolute discretion. No activity other than those directly related to conducting the Event shall be permitted. Licensee shall not conduct or allow any performer, exhibitor, participant or other party to engage in any activity, performance, exhibition, or entertainment in connection with the Event which is illegal, obscene, or is in any manner potentially harmful to the Facilities or reflects adversely upon the reputation and image of Athletics or UNL. Should, in the judgment of the University, any such illegal, obscene or potentially harmful activity occur, the University shall have the right to demand Licensee take such action as may be necessary to cause the prohibited activity to promptly cease.
13. Compliance. Licensee acknowledges and agrees that the University is a Division
I Member of the National Collegiate Athletic Association (“NCAA”), as well as The Big Ten Conference (“Big Ten”). Accordingly, Licensee agrees that it takes all reasonable steps as requested by the University to ensure full compliance with all NCAA and Big Ten bylaws, rules, and regulations of the NCAA and Big Ten, as well as the rules and regulations of the College Sports Commission (“CSC”).
Accordingly, Licensee agrees that will take all reasonable steps as requested by the University to ensure full compliance with all NCAA and Big Ten bylaws, rules, and regulations in connection with Licensee’s use of the Facility or the performance of this Agreement. Licensee and its officers, directors, members, agents, employees, guests or invitees shall not provide any impermissible benefits (e.g., cash or cost free or reduced cost goods or services, gifts, loans, accommodations, special discounts, preferential treatment, payment for work not performed, recruiting inducements, etc.) to any student-athlete, prospective student-athlete, or signee, either directly or indirectly, nor permit its officers, directors, members, agents, employees, guests, or invitees to do so, unless the benefit provided is consideration for a name, image, and likeness activity with the student-athlete, prospective student-athlete, or signee. Licensee agrees to cooperate fully and completely with any investigation of any alleged violation of federal or state laws, or any of the provisions enumerated herein, conducted by any government entities, conducted by any government entities, law enforcement agencies, or any other governing bodies or officials, including, but not limited to, the University, the NCAA, Big Ten, the CSC, or other officials or governing organizations with authority over the University’s athletics programs that may be required by law, University policies, or the rules of any governing athletic body.
Licensee shall hold harmless and indemnify the University for any violation of such laws, ordinances, regulations or rules by Licensee or its officers, directors, members, agents, employees, guests, or invitees.
14. Licensee Assurances. Licensee certifies that it has a valid, properly executed contract with one or more performers whose services are included in the Event.
Licensee shall submit to the University, upon demand, a copy of said contract(s).
Where contracts require payment by Licensee to performers, exhibitors, or other persons prior to performance, the University may require Licensee to furnish the University with proof of Licensee’s ability to make such payment. Proof of Licensee’s ability to make such payment must be in the form of cash or a certified check in the amount to be due to performers, exhibitors, or other persons from Licensee under its contract and such proof shall be provided to the University no later than seven (7) days after the University’s request. The University shall not be responsible for reporting or paying employment taxes or other similar levies which may be required by the United States Internal Revenue Service or other state or federal agencies.
15. Additional Performers. Licensee shall have the right to add additional performers to the Event, subject to the University’s prior written approval. Licensee shall provide the University with reasonable advance notice of any proposed additional performers. The University reserves the right to refuse the addition of any proposed performer if, in its reasonable judgment, the addition would negatively impact the overall quality, tone, or aesthetic of the Event. Such refusal shall not be deemed a breach of contract by the University.
16. Production Requirements. Licensee shall file with the University, at least sixty
(60) days prior to the Event a full and detailed outline of the University’s requirements for the Facility including, but not limited to, all stage, sound, lighting, chair or table set-ups, and such other information as may be required by the University concerning the Event.
17. Advertising. Except as otherwise provided herein, all advertising and publicity shall be at Licensee’s sole expense and Licensee shall be solely responsible for all advertising and publicity, including any promotion and advertising conducted by or in coordination with Athletics’ licensees. Licensee agrees that all advertising of the Event will include accurate information on Event time and ticket prices.
Licensee shall not use or provide the University’s name, trademarks, or logos (“University Marks”) in any manner or media in connection with the Event without the prior written approval of the University. Licensee’s right to use any University Marks shall be limited to the specific, express purpose set forth in the foregoing sentence and/or as otherwise authorized by the University in writing. The University has the right to review and approve any use of University Marks.
Notwithstanding the foregoing and subject to any University obligations pursuant to existing agreements, the University agrees to use its best efforts to promote the Event on Athletics’ websites, radio shows, and social media.
18. Seating Capacity; Exits. Lessee will not permit to be sold or distributed tickets or passes in excess of the seating capacity of the Facility as determined by the University. No portion of any passageway or exit shall be blocked or obstructed in any manner whatsoever, and no exit door or any exit shall be locked, blocked or bolted while the Facility is in use. All designated exit routes shall be visible at all times.
19. Refund of Ticket Revenue. The University retains the right to make a determination, acting reasonably, of ticket refunds for cause in keeping with the University’s practice of retaining public faith. This shall include, but not be limited to, seats blocked by equipment when an exchange for a comparable location is not possible, failure of equipment, and/or failure to act to appear or to go on stage at a reasonable time of the schedule provided by Licensee.
20. Records, Reports, and Audits. Each party shall keep and maintain accurate books, records, and reports with respect to its activities at the Facility for at least three (3) years after the Event. The parties shall have the right to audit the books, records, and reports of the other party with respect to such other party’s activities at the Facility and if any such audit demonstrates that revenues are understated or expenses are overstated by more than five percent (5%), the audited party shall reimburse the auditing party for the reasonable costs of such audit.
21. Taxes. Licensee shall be responsible for the payment of all taxes with respect to the Event (excluding taxes with respect to the University’s revenue streams or property) and any revenue approved by, or payments made to, Licensee with respect to the Event or otherwise under this Agreement.
22. No Warranty as to Success. IT IS EXPRESSLY UNDERSTOOD AND AGREED
BY LICENSEE THAT NO REPRESENTATIVE OF THE UNIVERSITY HAS THE
AUTHORITY TO MAKE, HAS MADE, OR WILL BE DEEMED TO HAVE MADE,
ANY REPRESENTATION, WARRANTY, COVENANT, AGREEMENT,
GUARANTEE OR PROMISE WITH RESPECT TO THE SUCCESS OR
PERFORMANCE OF THE EVENT. LICENSEE HEREBY ACKNOWLEDGES AND
AGREES THAT ANY ASSESSMENT OF THE SUCCESS OF THE EVENT IS
SOLELY THAT OF THE LICENSEE’S OWN DETERMINATION OR JUDGMENT.
23. Force Majeure. Neither party shall be liable to the other for damages for any delay in performance of any obligation pursuant to this Agreement arising out of causes beyond its reasonable control and without its fault or negligence, including without limitation: (1) fire, flood or water damage, weather, elements of nature or other acts of God, including any of foregoing that are harmful to electronic circuitry; (2) outbreak or escalation of hostilities, war, riots, or civil disorders in any country; (3) act or omission of any governmental authority, (4) failures or fluctuations in telephone, computer or other telecommunications equipment or lines or other equipment, (5) health emergency, such as an outbreak of pandemic scale, or (6) the real potential or credible threat of terrorist activity impacting the Event. In the case of any such excusable delay, the non-performing party will be excused from performance of any affected obligation only for so long as the cause of the excusable delay prevails and such party continues to use commercially reasonable efforts to re-commence performance or observation of its obligations hereunder as soon as possible; provided however, that the parties may mutually agree that such excusable delay is cause to cancel an Event in its entirety, in which case neither party shall be liable to the other for any obligation in relation to that cancelled event.
24. Control of Facility. The Facility shall at all times be under the control of the University which shall have the right at all times to enter the premises to examine the same and to perform the University’s duties. This Agreement does not require the University to relinquish its right to control, enforce rules, or otherwise manage and operate the Facility. In case of consecutive or simultaneous events conducted in other parts of the University’s facilities by other renters, full cooperation with the University’s facility management is required. The University will provide Licensee with a designated contact for the Event available at all times during the permitted use of the Facilities.
25. Vacating the Facilities. Should the Licensee any exhibitor, vendor or other participant fail to vacate the Facilities prior to the conclusion of the take-down period, the University is hereby authorized to remove from the Facilities at the expense of Licensee, any goods, wares, merchandise, equipment or other property of any and all kinds and descriptions, which may remain in the Facilities.
The University shall not be liable for any damages or loss to said property which may be sustained, either by reason of removal or the place to which it may be removed, and the University is hereby expressly released from any and all claims for damages of whatever kind or nature. Time is of the essence with respect to this section, as well as, each and every provision in this Agreement.
26. Custody of Property. In the receipt, handling, care, or custody of property of any kind shipped or otherwise delivered to the premises by or for Licensee, the University shall act solely for the accommodation of Licensee and neither the University nor any of its agents or employees shall be a bailee or liable for any loss, damage, or injury to such property.
27. Lost Articles; Theft. The University shall have the sole right to collect and have custody of articles left in the Facility by persons attending any event at the Facility.
The University shall not be responsible for losses by Licensee, its agents, employees, or attendees of the Event due to theft or disappearance of equipment or other personal property except to the extent caused by the University’s negligence or willful misconduct.
28. Hazardous Materials. Licensee shall not cause or permit any hazardous materials to be used, stored or generated on, or transported to or from, the Facility.
29. Animals Prohibited. Licensee shall not bring or permit to be brought any animals into the Facility, with the exception of service animals.
30. Pyrotechnic, UAS, including Drones, and Other Special Effects. Licensee agrees no pyrotechnics shall be used unless a proper permit is obtained from the appropriate governing body(ies) and written authorization from the University is obtained. Other special effects, including unmanned air systems (UAS), such as drones, or open flames, strobe lights, and smoke/fog require the University’s written permission. Such requests should begin with Athletics. The Licensee agrees to pay the costs of any additional cleaning charges that may result from use of pyrotechnics and other special effects.
31. Defacement of Facility; Construction and Removal of Structures. Licensee shall not cause nor permit anything to be done whereby any part of the Facilities shall be in any manner injured, marred, or defaced, nor shall Licensee drive or permit to be driven, any nails, hooks, tacks or screws in any part of said Facilities, nor shall Licensee make, or allow to be made, any alteration of any kind to the Facilities. Licensee shall not erect any structure within the Facilities without the explicit written permission of the University. Any such approved structure shall be constructed, disassembled and removed solely at Licensee’s expense with the Facilities and its furnishings returned to the University in the same condition as they were delivered to Licensee. If the Facility, or any portion of the same, is damaged by the act, omission, default, or negligence of Licensee or any of its agents, or employees, Licensee will pay to the University upon demand such sum as shall be necessary to restore the Facilities to the condition in which they were delivered to Licensee. Licensee shall not operate any equipment, tools or other personal property belonging to the University without prior written approval of the University. Licensee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the Facilities by the consent of Licensee, its employees, or any person acting for or on behalf of Lessee.
32. Interruptions or Termination of Event. The University shall retain the right, acting reasonably, to cause the interruption or termination of any Event when, in the sole reasonable judgment of the University, such action is necessary in the interest of immediate public safety. In such event, Licensee waives any and all claims for damages from the University.
33. Law Observance. Licensee agrees that every person connected with Licensee’s use of the Facilities shall abide by, conform to, and comply with all applicable federal, state and municipal law, as well as University rules and policies, and will not do, or suffer to be done, anything in the course of conducting the Event in the Facilities in violation of any such law or rules. Licensee will be responsible for compliance with relevant local noise control ordinances. If the attention of Licensee is called to such violation on the part of Licensee or any person employed by or admitted to the Facilities by Licensee, Licensee will immediately desist from and correct such violations. Licensee shall obtain, at its own cost and expense, all necessary licenses and permits required and shall pay when due any amount owed for taxes of any nature, permits, licenses or any other similar expenses that may be levied, rated, charged or assessed against Licensee as a result of Licensee’s conduct in relation to the Event or its performance under this Agreement. Such licenses and permits shall include, but not be limited to, staging permits, wireless permits, and curfew permits.
34. Intellectual Property. Licensee will assume all costs arising from the use of patented, trademarked, franchised or copyrighted materials used in or incorporated during the Event. All ASCAP, BMI, SESAC and similar licenses required for the use of copyrighted or licensed music in connection with the presentation of the Event will be the responsibility of Licensee. Licensee represents and warrants that it has obtained and secured such necessary rights, if any, from the intellectual property owner, as may be required in order for the
Licensee to so use the property. Licensee agrees to indemnify, defend and hold the University harmless from any claims or costs, including legal fees, which might arise from the use of any such material or such claims of infringement or violation of the rights by University.
35. Sponsors. Licensee shall submit to the University updated, comprehensive lists of the Event sponsors and exhibitors (“Sponsors”) at least thirty (30) days prior to the Event. All Sponsors are subject to written approval of the University, which approval shall not be unreasonably withheld, conditioned, or delayed. The University shall notify the Licensee in writing of its approval or disapproval of the proposed Sponsors within five (5) business days after submission.
Licensee acknowledges that the University has entered into exclusive sponsorships for certain products and services and Licensee shall not propose, nor shall the University approve, Sponsors that the University reasonably determines to be competitors of such University sponsors, unless otherwise provided herein. In addition, Lessee shall not propose, and the University will not approve, any Sponsors engaged in businesses or activities that sell or promote gambling, lotteries, or tobacco.
Notwithstanding anything contained herein to the contrary, the University understands and acknowledges that Licensee and its performers may have arrangements with sponsors, including tour sponsors. The University shall use reasonable efforts to allow implementation and activation of activities associated with such sponsorships, if any, which may include, without limitation, temporary sigs, banners, on-site product displays, interactive displays, and small product samples.
36. Charitable Collections. No collections, whether for charity or otherwise, for any individual and/or organization shall be made, attempted or announced on the premises without the written consent of the University.
37. Broadcast Rights. Licensee shall not have the right to broadcast, record, publish, or reproduce, in any format whatsoever, or negotiate or enter into agreements granting such rights in connection with the Event without the prior written permission of the University. If broadcasting, recording, publishing or reproduction are approved by the University in writing, Licensee shall pay University a broadcast fee for such rights (“Broadcast Fee”).
38. Audio and/or Video Rights. The University reserves the right to take photographs and video for promotional and archival purposes only. Said photographs and video will not be sold. Licensee and the performing artists may photograph the event and have use of such photographs as such parties agree among themselves.
Photography of the Event by the University shall be subject to any restrictions imposed by Licensee and its performers and any applicable photography agreements required by such artists. The University further acknowledges that the performing artists are not required to provide an audio and/or video feed to the University for any purpose, including, without limitation, to suites, clubs or other areas, other than as may be required for compliance with applicable laws (e.g., an audio feed for assistive listening devices). If the performing artists choose to provide a video feed, it will be in such artists’ sole and absolute discretion. The University shall not copy or record, nor permit others to copy or record, all or any part of such feeds if any are provided.
39. Security. All security personnel or protective service desired by Licensee must be arranged for by special agreement with the University. Licensee agrees to use metal detectors at security screening checkpoints to gain entry into the Event. The University reserves the right to eject any objectionable person or persons from the University’s property, and Licensee hereby waives any right and all claims for damages against the University or any of its agents should the University find it necessary to exercise such right.
40. Americans with Disabilities Act (“ADA”). With respect to any Event at the Facility, Licensee agrees to not discriminate against any person on the basis of any disability as defined in the Americans with Disabilities Act. Licensee agrees to not make any changes to the physical layout and seating configuration which would violate any and all applicable federal and state laws. Licensee agrees to be responsible for ensuring any presentation or performance shall be accessible to persons with disabilities. Licensee agrees to adhere to any and all applicable federal and state laws, including laws pertaining to non-discrimination. Licensee shall be responsible for providing auxiliary aids and services that are ancillary to its use for ensuring that the policies, practices, and procedures it applies in connection with an Event are in compliance with the ADA.
41. Medical Services. It is agreed that if Licensee or its agents, representatives, managers, employers, players, performers, or participants in or about the Facility during the Event shall at any time accept or use the services of a medical professional obtained by the University or accept or use an ambulance service in connection with any injury or sickness occurring to any person while within or about the Facility during the Event, even though such services are made available or are obtained through the University or any of its agents or representatives, Licensee accepts full responsibility for the act and conduct, or services rendered, of any medical professional or ambulance service and will hold the University harmless from all responsibility or liability.
42. Indemnity. Licensee agrees to defend, indemnify, and save harmless the
University of Nebraska, its Board of Regents, its officers, employees, and agents from any and all claims, suits, losses, damages or expenses on account of bodily injury, sickness, disease, death, or property damage, as a result of or alleged to be the result of the act or omission of the Licensee, or any agent or employee of the Licensee, any exhibitor or its agents or employees, or members of the public admitted to the Facility by either Licensee, any exhibitor, or their agents or employees. The provisions of this Section shall survive the termination of this Agreement.
43. Insurance. Licensee shall, at its own expense, obtain and maintain the insurance described in Exhibit B, which is attached hereto and incorporated herein. Such insurance shall be issued by carriers rated A-VIII or better by A.M. Best and authorized to operate in Nebraska. Certificates of insurance and required endorsements must be provided to the University no later than ten (10) calendar days prior to the Event, and coverage must remain in effect throughout any use or occupancy of the Facility. All policies must: (i) be primary and non-contributory to any insurance maintained by the University; (ii) include a waiver of subrogation/waiver of right to recovery in favor of the University; and (iii) not be cancelled without at least thirty (30) calendar days’ prior written notice to the University. The General Liability, Auto Liability, Liquor Liability, Pollution/Environmental Liability and Umbrella/Excess Liability policies must name the Board of Regents of the University of Nebraska, its officers, employees, and agents, as additional insureds. For General Liability, additional insured status must be for both ongoing and products/completed operations.
Licensee shall ensure all contractors and subcontractors maintain insurance consistent with these requirements and provide proof upon request. For multi-day or recurring events, Licensee must provide evidence of renewal prior to policy expiration.
The University may purchase and maintain at the University’s expense, liability insurance. Licensee cannot rely upon the University’s liability policy(ies) for any of Licensee’s insurance obligations required herein. If Licensee maintains higher limits than the minimum limits required by the University, the University shall be entitled to the higher limits.
No occupancy or use of the Facility, or delivery of persons, supplies, materials, or equipment, is permitted until all required insurance, certificates, and copies of all required endorsements have been delivered and approved by the University.
Failure to obtain or present certificates does not waive Licensee’s obligations under this section.
44. Condition of Facilities. The University makes no representation or warranty of any kind (express or implied) regarding the suitability of, or compliance with applicable laws by, the Facility, as built or maintained, for any aspect of Licensee’s intended use. Accordingly, Licensee acknowledges and agrees that Licensee has made an adequate investigation and inspection of the Facility and its own determination regarding the suitability thereof for Licensee’s intended use.
Licensee further acknowledges and agrees that the Facility shall be delivered by University to Licensee “as is, where is” and “with any and all faults,” and without any representation or warranty of any kind (express or implied), including, but not limited to, representations and warranties as to the merchantability and fitness for use of any particular purpose, and shall be used by Licensee for the Event at Licensee’s own risk. Licensee shall return the return the Facility in the same condition except for ordinary and normal wear and tear. The University reserves the right, at its sole discretion, to invoice the Licensee an “Excessive Cleaning Fee” should daily and post-Event cleanup exceed normal use. Payment of any Excessive Cleaning Fees will be the sole responsibility of Licensee.
Notwithstanding anything in this Agreement to the contrary, the University undertakes no obligation whatsoever for the safety or security of any property or person, including, but not limited to, Licensee, or any of the employees, subcontractors, agents, representatives, participants, invitees or attendees of Licensee or the Event.
45. Default. Licensee shall be in default under this Agreement if any of the following occur: (i) Licensee fails to pay any amount due hereunder (including, without limitation, the License Fee) when the same are required to be paid hereunder; (ii) Licensee or any of its officers, directors, members, agents, employees, guests, or invitees fails to perform or fulfill any other term, covenant, or condition contained in this Agreement and Licensee fails to commence a cure thereof within five (5) business days after Licensee has been provided with written notice of such default;
or (iii) Licensee makes a general assignment for the benefit of creditors; (iv) Licensee causes or permits any waste or damage to be done to the Facility, or any part thereof; (v) Licensee is adjudicated bankrupt or an involuntary petition in bankruptcy is filed against it or any of its properties is seized upon levy or execution; (vi) a dispute occurs between Licensee and its employees or between Licensee and any union or group of employees by reason of the union affiliation or lack of union affiliation of persons employed by Licensee or any one with whom Licensee contracts; or (v the existence of any allegations or claims against or about Licensee or the Event that University determines would cause the Event to adversely impact the reputation, image, mission or integrity of the University, its trustees, officers, employees, students, or alumni, or the University of Nebraska System. University shall be in default under this Agreement if the University fails to perform or fulfill any term, covenant, or condition contained in this Agreement and the University fails to commence a cure thereof within five (5) business days after the University has been provided with written notice of such default.
Notwithstanding clause (ii) above, if the breach by Licensee or any of its officers, directors, members, agents, employees, guests, or invitees of such other term, covenant, or condition is such that it threatens the health, welfare, or safety of any person or property, then the University may, in its sole discretion, require that such breach be cured in less than five (5) business days or terminate the Agreement immediately.
46. Termination. Upon a default pursuant to Section 46, the non-breaching party may, at its option, upon written notice or demand upon the other party, cancel and terminate the license granted in Section 1 and the obligations of the parties with respect thereto except that the Deposit shall remain non-refundable. If Licensee should being Default at any time within forty-eight (48) hours of the Event, or at any time during the Event, University may immediately terminate the Event and the license granted herein by verbal or written notice. In such event, no further notice of default shall be required nor any Deposit or License Fee refunded. In the event that the Facilities are wholly or partially damaged, destroyed, condemned or taken for public use, and the University believes that the Event should not be held, then the University may elect to terminate this Agreement by written notice to Licensee. In the event of any such termination, the University shall not have any liability, either on account of the unavailability of the Facility or the failure to hold the Event at the Facility. The University alone shall be entitled to any insurance proceeds or sums paid or payable as damages or compensation on account of any such destruction, condemnation or taking, and no part thereof shall accrue to or be payable to Licensee. The provisions of this section survive termination of this
47. Cancellation by Lessee. Should Lessee cancel this Agreement prior to the Event (excluding as a result of the University’s breach or a Force Majeure Event) or fail for any reason to take possession of or use the Facility, any expenses incurred by the University in connection with this Agreement shall be made payable immediately to the University by Licensee as liquidated damages and not as a penalty.
48. Remedies. The parties acknowledge and agree that the University may not be adequately compensated in money damages for Licensee’s failure to comply with the material obligations of Licensee under this Agreement and that, therefore, the University, at its option, may pursue any remedy available at law, equity, or otherwise, including the recovery of money damages and/or the right to seek equitable relief (whether it be injunctive relief, specific performance, or otherwise) in the event that Licensee violates its obligation to hold an Event at the Facility.
49. Discrimination. Licensee shall not discriminate against any employee or applicant for employment, engaged in the performance of or providing any service related to this Agreement, as a result of the individual’s race, religion, creed, color, sex, national origin, disability, age, marital status, veteran status, or sexual orientation.
50. Assignment. Licensee shall not assign this Agreement, whether by contract or operation of law, without the University’s express written consent. Any attempt to so assign this Agreement shall be cause to immediately terminate the Agreement, notwithstanding any other provisions to the contrary.
51. Notice. Any notice provided for in this Agreement shall be in writing and shall be deemed to have been given, delivered, or served when delivered personally to the party who is to receive such notice or when mailed by U.S. registered or certified mail, postage prepaid, to such party at the following addresses:
To the University:
University of Nebraska-Lincoln Department of Intercollegiate Athletics Business Office
800 Stadium Drive Lincoln, Nebraska 68588-0122
With a copy to:
Office of the Vice President and General Counsel University of Nebraska 3835 Holdrege Street Lincoln, NE 68583
To Licensee:
Fans First Entertainment, LLC 1401 East Victory Dr.
Savannah, GA 31404 or to such other addressee as may be hereafter designated by written notice. All such notices shall be effective only when received by the addressee.
52. Modification; Waiver of Rights. This Agreement may be modified, amended, or waived only by a written agreement signed by an authorized representative of Licensee and the University. The course of dealing between the University and Licensee will not modify or amend this Agreement in any respect. Any delay by the University or Licensee in the exercise of any of their respective rights and obligations under this Agreement will not be construed as a waiver of any such rights or obligations to be performed. A waiver of a breach of any provision of this Agreement will not: (a) operate or be construed as a waiver of any subsequent breach; (b) limit or restrict any right or remedy otherwise available; or (c) operate or be construed as a waiver of compliance as to any other provision of this
53. Entire Agreement; Severability. This Agreement constitutes the entire Agreement between the parties with respect to all subject matter and supersedes all prior negotiations and understandings, whether verbal or written. Each provision of this Agreement is severable from all others. If any provision of this Agreement will be determined to be invalid or unenforceable by a court of competent jurisdiction, the provision will be deemed modified only to the extent necessary to render it valid and enforceable, and all remaining provisions of this Agreement will remain in full force and effect.
54. Independent Contractors. This Agreement does not constitute and will not be construed as constituting a partnership or joint venture, or an employee/employer relationship or one of principal and agent, it being understood that the parties are and will remain independent parties.
55. Governing Law and Forum. Notwithstanding any other provision of this
Agreement the University is an agency of a sovereign state and its authority to contract is therefore subject to limitation by the Constitution, statutes, common law, and regulations of the State of Nebraska. This Agreement shall be governed, interpreted, and enforced under the laws of the State of Nebraska without giving effect to its conflicts of law provisions, and any action to enforce the provisions of this Agreement shall be instituted in accordance with the provisions of the Nebraska State Contract Claims Act (Neb. Rev. Stat. §§ 81-8,302 to 81-8,306).
The person signing this contract on behalf of University does not have the authority to waive the sovereign immunity, Constitution, statutes, common law, or regulations of the State of Nebraska, and all terms and conditions of this Agreement, including but not limited to the those concerning third party use, licenses, warranties, limitations of liability, governing law and venue, indemnity, liability, remedy, or other similar provisions, are entered into specifically subject to the Constitution, statutes, common law, regulations, and sovereign immunity of the State of Nebraska.
56. Representations and Warranties of the Parties. Each party warrants, represents, covenants and agrees that it is duly organized, validly existing and in good standing of the laws of the state of its incorporation or organization and is duly authorized and in good standing to do business in the State of Nebraska, that it has all necessary power and has received all necessary approvals to execute and deliver this Agreement and that the individual executing this Agreement has been duly authorized to act for and bind the relevant party.
57. Public Records. Under Neb. Rev. Stat. §§ 84-712 to 84-712.09, information or records of or belonging to University regarding, related to, or part of the Agreement will be open to public inspection and copying unless exempted from disclosure in accordance with the University’s interpretation and application of applicable law. It shall be the sole responsibility of Licensee (a) to notify the University of requested redactions to any such information or records that may otherwise be required to be open to public inspection and copying and (b) to indicate the legal basis for such requested redactions. In addition, the Licensee shall defend any challenge to such requested redactions at its own expense. Licensee’s failure to request redactions to any information or records released by University under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.
58. Weapons Policy. Possession of dangerous weapons, concealed or unconcealed, on University property or in personal vehicles when on University property is strictly prohibited. A dangerous weapon shall include guns, knives, explosives, or any other device defined by statute or as determined by the University.
59. Drug Free Campus Policy. The illegal possession, use, or distribution of drugs, drug paraphernalia or alcohol is strictly prohibited on University property.
60. Tobacco Free Campus Policy. Use of tobacco products on the grounds of any University property is prohibited. This includes electronic cigarettes or other forms of electronic smoking.
61. Survival. All provisions regarding indemnification, warranty, insurance, and liability shall survive the termination of this Agreement.
62. Headings. The paragraph titles herein are for convenience only and do not define, limit, or construe the contents of such paragraphs.
63. Counterpart; Electronic Signatures. This Agreement may be executed in any number of counterparts and via DocuSign or a similar electronic signature application, each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties have set their hands to this Agreement on the day and year written below.
FANS FIRST ENTERTAINMENT, LLC BOARD OF REGENTS OF THE
UNIVERSITY OF NEBRASKA
By: _____ ______ By: ____ ___
Name: ___________________________ Name: ________________________
Date _____________________________ Date_________________________
Exhibit A
All defined terms in this Exhibit A shall have the same meaning as the defined terms in the Agreement.
I. Event Information
Event BananaBall Championship League World
Tour @ University of Nebraska, Lincoln, Memorial Stadium in Lincoln, Nebraska
Savannah Bananas vs. TBD
Date of Event (All Times CST) Lessee shall perform (1) one Event on Saturday guaranteed with a back up date on Sunday if necessary due to weather.
Saturday, June 13, 2026 @ 7:00 PM
Weather Backup:
Sunday, June 14, 2026 @ 7:00 PM
Facility Memorial Stadium Bowl, Approved Back of House Areas, Field, Indoor Premium Areas, and Surrounding, Approved Parking Lots.
For Plaza Party Locations, either Meier Commons (for an outdoor option) or Hawks Championship Center (for an indoor option) will be confirmed by the University.
Load-In Period (All Times CST) Tuesday, June 9, 2025 – Field Paint and Prep (University) Wednesday, June 10, 2025 – Field Paint and Prep (University) Thursday, June 11, 2025 – Licensee Load In 7:00 AM-9:00 PM Friday, June 12, 2025 – Licensee Load In
7:00 AM-9:00 PM
Load-Out Period (All Times CST) Immediately following the Event on Saturday, June 13, 2025 – Licensee Load Out 9:30 PM-11:59 PM or Sunday, June 14, 2025 – Licensee Load Out 9:30 PM- 11:59 PM (if necessary due to weather)
Sunday, June 14, 2025 – Field Scrub (University, if rain date not needed) Monday, June 15, 2025 – Field Scrub (University) Tuesday, June 15, 2025 – Field Scrub and Goal Posts Reinstalled (University)
Event Time (All Times CST) Saturday, June 13, 2025 or Sunday, June 14, 2025 (if necessary due to weather) Plaza Party: 2:00 PM Doors: 4:30 PM Event: 7:00 PM-9:30 PM
On Sale Schedule (All Times CST) Thursday, October 9, 2025: Announce Date TBD: Suite/Premium Sales (University Existing Suite holders only) TBD: Pre-Sale (Licensee VIP) TBD: Public Waitlist Begins TBD: Public On-Sale
Approximate Venue Capacity 82,836
General Tickets (To be sold by the Licensee):
Bowl Seating—71,360
Premium Tickets (To be sold by the University):
Suite Seating—2,506 Club Seating—8,970
Lessor Point of Contact Arek Olson – aolson73@huskers.com – 585-610-0138
Lessee Point of Contact Patrick Briody – patrick@thesavannahbananas.com – 843-368-7676
II. University Event Expenses
University shall be solely responsible for providing the following for the Event, as well as all payment for any related expenses for the following:
Ushers Custodial Parking Attendants and Platform Medical Staff Security University Police
Box Office Personnel for Premium Tickets
Ticket Takers for Premium Tickets
Trades Staff University Operations Support Staff Field Preparation Field Paint & Cleaning
Plaza Party Security Staffing
III. Licensee Event Expenses
Licensee shall be solely responsible for providing the following for the Event, as well as all payment for any related expenses for the following:
Ticket Takers and Scanners for General Tickets
Advertising and Marketing
Talent/Player/Staff Compensation Plaza Party Activation Equipment and Internal Staffing Including but Not Limited To: Audio/Visual, Staging, Bike Rack, Ticket Scanners and Operators, etc.
Talent/Player/Staff Transport, Lodging and Food
Equipment Needed for The Event (e.g., Gloves, Bats, Balls, Other Baseball Equipment)
Box Office Personnel for General Tickets
Team Personnel Support Staff Including but Not Limited To: Sports Medicine, Staff, Umpires, etc.
TV Broadcast Personnel Field Equipment Including but Not Limited To: Bases, Backstop, Netting, Outfield Fence, Foul Poles, etc.
All Event Production and Media Equipment and Staff
IV. Revenue Deal
License Fee No License Fee shall be charged to the
Licensee for use of the Facility Non-refundable Deposit University agrees to waive Deposit for the
Event Revenue Structure Licensee shall retain 100% of General
Seating tickets sales sold by Licensee (excluding Complimentary Tickets).
The University shall retain 100% of Premium Seating tickets sales sold by the
University (excluding Complimentary Tickets). Any unsold Premium Seating tickets (30) thirty days prior to the Event may be taken over and sold by Licensee.
On such tickets, Licensee and the University to split the revenue 50/50.
The University retains the sole right to operate and control any and all concessions, catering, and alcohol service and…
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