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SPTE 203 Notes for February 15-29

by: Sara Yang

SPTE 203 Notes for February 15-29 SPTE 203 001

Marketplace > University of South Carolina > Physical Education > SPTE 203 001 > SPTE 203 Notes for February 15 29
Sara Yang

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Detailed notes of Professor Jeralds powerpoints
Introduction to Events and Venues
Professor Jeralds
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Popular in Physical Education

This 11 page Bundle was uploaded by Sara Yang on Friday March 4, 2016. The Bundle belongs to SPTE 203 001 at University of South Carolina taught by Professor Jeralds in Summer 2015. Since its upload, it has received 104 views. For similar materials see Introduction to Events and Venues in Physical Education at University of South Carolina.

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Date Created: 03/04/16
2-29-2016 Kelly Evans Take Aways Be persistent Have a Ball “To Be Prepared Is Half The Victory” READ CHAPTER 10 THOROUGHLY Ch 10 Liability Waiver: May cause injury Follow instructions You assume responsibility Premise Liability “The legal responsibility Facility or Event manager owes to the individuals utilizing the venue Plaintiffs-injured party Defendant-facility owner or manager Negligence Definition “An unintentional act that injures” Accidents that should have been anticipated and prevented by taking responsible precautions Four elements of negligence  Duty Three Criteria of Duty Relationship Specific Duties Status of Plaintiff  Breach  Causation  Damages Four Types of Patrons Invitee License Trespasser Recreational User Reasonably Prudent Professional (RPP) Always be aware of potential dangerous Brach of Duty Service Provider (Defendant) Commission/Omission RPP Standard What is Proximate Cause? Connection between negligent act and injury Substantial Factor Damages 1. Economic Loss (Medical expenses, loss wages) 2. Physical pain and suffering 3. Emotional Distress (Fright, anxiety) 4. Physical impairment (Temporary or permanent) Also refers to—compensation the plaintiff receives in order to return to the way they were before the injury 66% of injuries are due to slip and falls What are defenses against liability? Negligence elements not met Primary Assumption of Risk Contributory Negligence Not buckled up when accident occurred Facility lease agreements-indemnification Agreements Independent Contractors Immunity (Four Types) 1. Recreational User Statutes 2. Volunteer Immunity Statutes 3. Good Samaritan Statutes 4. Statute of Limitations Waivers and Releases Plaintiff Rescinding Transfer of Liability – (waiver and releases) Lawyers develop a waiver Table 10.1-Elements of a waiver to be enforceable Premise-Related Issues Inspection of Premises Provision of Medical Assistance Emergency Care Proper Supervision 2-15-16 Chapter 8- Contracts Thought for the Day- “Let your voice be heard.”  USC Student Contracts o Apartment o Car Lease o Student Aid o Employment  Contract Law Basics o What is a contract?  An agreement between two or more parties that creates enforceable obligations recognizable by law  Formalize relationships involving exchanges of personal services or goods  Explain need for legal counsel  Determining when necessary for formal written contract  Homestead, Florida o Speedway- club owners wanted to hold a concert at the venue for migrant workers o Mexican artist Latin America artist Cuban artist o County Commissioner would not allow Cuban artist to perform at city-owned property o Concert cancelled o Trial sided with Speedway o “Bait and Switch” sued for slander  $535,000 awarded to club owners  Contracts o What are the elements of a valid contract?  Offer  Promise to do or refrain from doing something in the future  Four material terms of an offer: (Disney on Ice) o Parties (USC Athletics Department and Promoter) o Subject (Event) o Time and Place (Facility ad Event Dates) o Consideration (Price to be paid)  Acceptance  What constitutes acceptance of the offer? o Expressed act or implied by contract o Only the person to whom offer is made can accept it  Consideration  Makes the contract binding  Exchange of a value (each party gives up something of value to the other)  Capacity  Ability or power to enter into an agreement  Satisfaction of legal (18 year old) qualifications  Intent and Specific  Did both parties intent to create a contract  Legality  A contract must be legal to make it binding  2 types of contracts o What’s the different between a bilateral and unilateral contract?  Bilateral contract  Conditional exchange of promises  Ex: Dr. Pepper Stadium (Dr. Pepper paid to have their name on the stadium)  Unilateral contract  No exchange of promises (Dr. Pepper sponsored contest, drawing in the whole stadium, whoever initiated contest pays the reward for the contest) 2-17-16  Thought for the day- Failure is not fatal!  “Insanity: Doing the same thing and expecting a different result”  Contract law basics o What is a boiler plate contract?  Same contract for every event o Errors in contracts  Misrepresentation  Undo influence/duress  Being forced into signing the contract (fear for safety)  Mistake  Delegation of duties  You can delegate the duties but if it is not fulfilled, you can sue the original group o What is a breach of contract?  Specified obligation is not met o What are damages?  Compensatory packages or liquidated damages  Court orders  Specific performance o Are there times when you can breach a contract?  Defenses- 3 defenses for contractual breach  Impossibility of performance (Tracey Morgan in a coma)  Frustration of purpose (international incident such as Cuban team cannot make it to the US)  Contractual impracticability o Remedies- Monetary damages or equitable relief (if show doesn’t happen)  Force Majeure o Common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot crime, or an event described by the legal term act of God (hurricane, flooding, earthquake, volcanic eruption, etc.) prevents one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not excuse a party’s non- performance entirely, but only suspends it for the duration of the force majeure  Licensing Agreement o Protect ownership or proprietary rights to property  GEAR for Sports Inc. and the NCAA  Has “limited” rights to sell licensed merchandise at on-site venues, team hotels, and events associated with NCAA Championships o Nonexclusive agreements  Nike, Champion, etc. (different contracts for different teams) o Bootleggers  Venue related user contracts o Venue contract  Set period of time, set free, designated purpose o Game contract  Two schools- one game o Event contract  Single-event (several contracts)  Ancillary events (flags, hospitality, security, etc. each with own contract)  Sponsorship agreements 2-24-16 “It’s Not What You Know, It’s Who You Know…” PAFM- Sales and Marketing Two types of Public Assembly Venue Sales and Marketing 1. Venue (Promoters) 2. Event (Patrons) Venue Marketing (Direct Selling) (Promoters) How do you get face to face with promoters? 1. Attend major conventions and meetings 2. Visit decision makers at least once a year in their city 3. Attend your own events Event Marketing Fundamentals: Identify target market (Demographics) SWOT Analysis Establish Budget Identify Primary Advertising Strategies Develop Ad Schedule (Times and Frequency to Reach Target Audiences) Monitor Daily Ticket Reports Adjust if Necessary What are the different ways we advertise events? 1. Social Media 2. Radio ROS-Run of Schedule Time is everything when targeting an audience Concert, sporting events You do not get to choose when your ad runs 3. TV Advertise family shows, monster trucks, wrestling 4. Posters 5. Print Advertising ROP-Run of Press You do not choose where your ad goes 6. Mobile Media Good for ambush marketing 7. Billboards 8. Internet Banner Ads 9. Website Public Relations Simple Definition of Public Relations-To Influence Opinions of Clients and Patrons Press Releases: Ad disguised as news Press releases-help media-help you Sales and Marketing-Premium Products Naming Rights Two Primary Levels Major League Facilities National exposure All other facilities Local and Regional Exposure Bon Secours Arena 4.5 million/10 years—Fee Includes  Initial Press conference  Exterior Signage  Luxury Suite and 20 Club Seats  Free Use of Arena (based on availability)  Interactive displays during events  Scandal Clause—Ability to object to offensive events Luxury Suites and Premium Seating TWCA-Suites 5,7,9 years Prices-$100,000-$170,000 Tickets for every event (excluding NCAA events) Food & Beverage Separate Priority Seating (PSLs) (Panthers were first) Pouring rights (Coke or Pepsi) Kelly: 7 years: Blowfish marketing Print, Radio, Social Media 107.5 The Game Radio owned by Cumilous Media Only radio station that can do Gamecock games live Meet with clients to get them on the air and market them WWE Country and Sports Radio Stations Harley Davidson Said they didn’t like Cumilous Media Be persistent but not annoying Meeting with marketing director General manager was present as well The Weekend Ride report Harley Riders can see weather for weekend Every Thursday and Friday Goes into an ad for Harley Davidson Runs on 3 to 4 of the stations Subscribes to morning email list 386,288 Weekly Audience Williams Bryce holds 80,250 Preparation is key Be prepared for every meeting (Presentation) Shows that you care Sell your marketing ideas Four or five months to get your meeting Reached out two times a month Lots of no’s but not the end of the world Year over Year Comparing last year’s numbers to this years (something is working) Receipt of Meal for discount on ticket Count receipts to see change Rate cards- based on time of ad and station Gamecock sports take priority IMG has rights to advertise during games 107.5 the Game Advertising already sold out for next season Broadcast flood info $50 for 30 seconds $8 for 15 seconds on country station Nielson counts audience Payment New company: money upfront Well known company- credit Chapter 8: Contracts “Let Your Voice Be Heard” Student Contracts Apartments Car Lease Employment Student Aid What is a Contract? An agreement between two or more parties that create enforceable obligations recognizable by the law Formalizes relationships involving exchanges of personal services or goods Explain need for legal counsel Determining when necessary for formal written contract Homestead, Florida Speedway Speedway conversion to Concert venue Cuban club owners want to throw a concert for migrant workers Club owners and Speedway had agreement Mexican Artist-Latin American artist- Cuban artist Homestead County Commissioner said heck no Concert cancelled: Tickets on Sale for 4 weeks Cuban’s sued Twice-Speedway won Cuban’s won slander suit County Commissioner bait and switch Elements of a valid contract 1. Offer Promise to do or refrain from doing something in the future Four material terms of an offer:  Parties (USC Athletic Department and Promoter)  Subject (Event)  Time and Place (Facility and Event Dates)  Consideration (Price to be Paid) 2. Acceptance Expressed act or implied by conduct Only the person to whom the offer is made can accept it 3. Consideration Makes the contract binding Exchange of a value (Each party gives up something of value to the other) 4. Capacity Ability or power to enter into an agreement Satisfaction of legal (18 years old) qualifications 5. Intent and Specificity Did both parties intend to create a contract 6. Legality A contract must be legal to make it binding Two Types of Contracts Bilateral Contracts Conditional exchange of promises Unilateral Contracts No exchange of promises (Dr. Pepper Contests) Real Life Example Prince Contract with Carolina Coliseum


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