<<TodayDate>> <<Title>> <<First>> <<Last>> <<Company>> <<Address1>> <<Address2>> <<City>>, <<State>> <<Zip>> Dear <<Sal>>,

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Augustine Moore
5 years ago
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1 <<TodayDate>> <<Title>> <<First>> <<Last>> <<Company>> <<Address1>> <<Address2>> <<City>>, <<State>> <<Zip>> Dear <<Sal>>, Enclosed is the standard rental contract for the <<Showdate>> engagement of <<Show>>at Providence Performing Arts Center. Before advertising and ticket sales begin, you must return the following items to me by <<DepositDate>>: The original contract, signed A deposit check in the amount of $<<Deposit>> and a certificate of insurance The enclosed performance advance sheet The enclosed marquee form Thank you for choosing Providence Performing Arts Center. Please contact me directly at or bmenders@ppacri.org if you have any questions. Sincerely, Betsy Menders Event Manager Enclosure

2 THIS AGREEMENT executed as of <<TodayDate>>, by and between PROVIDENCE PERFORMING ARTS CENTER herein called LESSOR, and <<Company>>, herein called LESSEE, whose address is <<Address1>>, <<Address2>>, <<City>>, <<State>>, <<Zip>>. WITNESS That in consideration of the mutual agreements herein contained, the LESSOR hereby leases to LESSEE and the LESSEE hereby accepts, subject to the terms and conditions herein set forth, rental of the PROVIDENCE PEFORMING ARTS CENTER and its facilities for a period of <<UsePeriod>> day(s), commencing at 8:00 a.m. on <<FirstDay>> and ending at 2:00 a.m. on <<LastDay>>. 1. Base Rent: $4, VS. 12.5% of the Box Office Gross Receipts (greater thereof) Said premises are to the used by Lessee for <<Show>> and for no other purposes whatsoever. 2. Fee Terms: Lease Agreement will be binding under the following conditions: a) A non-refundable deposit in the amount of $<<Deposit>> is due and payable to the Lessor with the return of this contract by (<<DepositDate>>). Payment must be in the form of a bank check and will not be executed and ticket sales may not begin until the check has cleared. b) Payment of base rent, personnel, facilities, services, and/or equipment available at Lessor s discretion, of such sums as set forth for the items listed in pages 8, 9, and 10 of this contract. c) At the Lessor s option, Lessor may present a pre-bill to the Lessee ( Pre-bill: to be defined as a statement of estimated expenses directly associated with the Lessee s use of the Theatre). Upon presentation of the pre-bill to the Lessee, Lessee shall immediately remit payment to Lessor by bank check. d) SETTLEMENT: Final settlement of actual expenses and rent shall occur one hour after advertised starting time of the last performance (intermission). All advance payments such as outlined in (a) and (c) above will be deducted from actual expenses to arrive at balance of costs due Lessor. All balances must be paid to Lessor prior to Lessee s departure of the facility. e) In no case shall any refunds be made except when the Lessor is unable to deliver possession of the rented premises in accordance with the rental agreement. Should the Lessee choose to relocate the event specified in clause #1 to another facility, the Lessor indicated in this agreement shall receive the full rental fee including all applicable personnel and other miscellaneous charges as indicated on pages 8,9 and Tickets and Box Office a) Lessor shall have complete and sole supervision of the sale and collection of all tickets and at such places as Lessor, in its sole discretion, deems it necessary and expedient. In cases where tickets are requested to be issued to a Fan Club of the Artist being presented, the Lessor shall make available 10% of the theatre inventory to the fan club. These tickets will be subject to a

3 standard service charge of $6.00 per ticket, consistent with phone/internet sales. The Lessor reserves the right to sell all remaining tickets through its window, phone and Internet services. b) Lessor shall have complete custody and control of monies received from the sale of tickets wherever sold and admission fees wherever received. All such funds shall be the rightful property of Lessor, for the purpose of applying same in accordance with the terms and conditions of the agreement toward payment of any balances for rent and/or otherwise due or to become the Lessor s for any purposes whatsoever. c) Lessor will exert every caution against bad checks from customers and will make every effort to collect such, but ultimate responsibility is that of the Lessee. d) The Lessee shall pay for the printing of tickets as outlined on page 9, the form and contents of which shall in any event be subject to written approval by Lessor. All tickets shall be numbered by house manifest. e) The tickets for admission shall be scaled as follows: (To Be Determined) f) Discounted tickets must be approved in writing by Lessor. g) House Seats: Lessor reserves the right to have and use, without charge, a minimum of 30 reserved seats per performance and also to reserve a minimum of 100 additional seats per performance with charge up to 72 hours prior to curtain time. These seat locations are at the discretion of the Lessor. 4. Services a) Lessor uses a rear orchestra soundboard location ONLY and requires that all cabling from the soundboard to the stage run through conduit under the orchestra floor. The distance from the board to the stage is 120 feet. There are no exceptions to this policy. If this policy is a problem, you should contact facility management prior to executing this agreement. b) Lessor agrees to furnish general lighting from the permanent fixtures, outlets, and equipment in the building, heat or air conditioning, water for normal usage as now installed in the building and normal janitorial services; however, failure to furnish any of the foregoing resulting from circumstances beyond the control of Lessor shall not be considered a breach of this agreement. 5. Assignation of Rights: The Lessee shall not assign this agreement or any rights hereunder nor sublet said premises without written consent of Lessor. 6. Removal of Property: In the event that the premises are not vacated by Lessee when herein specified at the end of the term, the Lessor is hereby authorized to remove from said Providence Performing Arts Center, at the expense of Lessee, all goods, wares, merchandise and property of any and all kinds and description placed therein by the Lessee. The Lessor is hereby expressly released from any and all such claims from damages of whatsoever. 7. Compliance Licenses and Permits: Lessee shall use and occupy said premises in a safe and careful manner and shall comply with all laws, rules, regulations, and ordinances of the City of Providence, Rhode Island, and the State, County or governmental authority controlling or governing the designated premises or the operation therein, and all rules and regulations relating to the use of said Providence Performing Arts Center. Lessee shall use said premises solely for the 3

4 purposes herein provided and shall not permit said premises, or any part hereof, to be used for any unlawful or immoral purpose or in any manner as to injure persons or property; not do any act or suffer any act to be done which will in any way mar, deface, or injure any part of the Providence Performing Arts Center; and upon termination of this agreement Lessee shall deliver up to said Lessor the premises aforesaid in good condition and repair as the same shall be found at the beginning of the term hereof, excepting only losses by perils covered by Lessor s fire and extended coverage insurance for which subrogation has been waived by the insurer. Lessee agrees to provide, at its expense, all necessary licenses and permits required in accordance with law for the use of the premises as herein provided. 8. Right of Entry: The Lessor and its officers, agents, and employees engaged in the operation and maintenance of the Providence Performing Arts Center reserve the right to enter upon and to have free access to said premises at any and all times. PLEASE NOTE: 9. Insurance Indemnity: Lessee shall pay and save the Lessor harmless from any and all damages, losses, or liabilities arising from any act, omission, neglect, or wrongdoing of the Lessee or any of its officers, agents, representatives, guests, employees, invitees, patrons, or persons contracting with the Lessee against any and all such claims and demands. Lessee shall furnish Lessor with a Certificate of Insurance showing that there is in effect, and will remain in effect throughout the term of the lease, occurrence basis liability insurance listing the Lessor as additional insured, with a combined single limit of not less than $1,000,000 for bodily injury and property damage. Lessee agrees to provide either comprehensive general liability coverage or a combination of premises/operations and contractual insurance coverage. If the Lessee is involved in any way in the preparation, distribution, or serving of foodstuffs and/or beverages, products liability coverage must also be provided. Lessee agrees to provide the required Certificate of Insurance to the Lessor not less than ten (10) days prior to the commencement of the lease. The required certificate must contain the following wording: The coverage indicated as in effect through this Certificate of Insurance, fully satisfies all requirements established in Section 9 of the Providence Performing Arts Center Lease Agreement. 10. Payment of Damages: Lessor shall not be liable for any damage occasioned by failure to keep said premises in repair, nor shall it be liable for any damage occasioned by plumbing, gas, water, steam, sewage, heating, air conditioning, or electrical equipment, or the bursting or leaking of same, nor for damage arising out of water being upon or coming through the roof, openings, or otherwise. 11. Unavoidable Happening: In the event that the premises leased hereunder, or any part thereof, or adjacent premises required for access thereto should be so damaged or destroyed by fire or other cause without the fault of Lessee as to prevent the use of the premises for the purpose and during the time specified hereunder, then this agreement shall terminate. In such event, Lessor shall be paid for all items or expense incurred by it hereunder and any rental accrued prior to such destruction or damage, but Lessee shall be relieved of paying rent accruing thereafter. 12. Responsibility of Damage or Loss: Lessee assumes all risk of damage to and loss by theft or otherwise of the fixtures, appliances, or other property of the Lessee or Lessee s exhibitors, contestants, and those contracting with Lessee, as well as employees thereof, and the Lessor is hereby expressly released and discharged from any and all liability for any such loss. 13. Sound Levels: For health, legal, and audience comfort reasons, Lessor imposes a 100dba SPL limit on all mixes in the house and on stage lasting any longer than sixty (60) seconds. SPL will be 4

5 monitored and recorded for all events. Please insure the artist and/or company manager and the sound technician/audio engineer are informed of this restriction prior to the performance. 14. Concessions: The Lessor specifically reserves any and all concessions including, without limitations, candy, beverages, drinks, all alcohol, food, popcorn, cotton candy, ice cream, souvenirs, clothing items, and programs. On those items that the Lessor specifically grants rights (i.e. souvenirs, clothing items, and programs), the Lessor s concessionaire s non-negotiable percentage is 25% of the gross receipts. If the Lessor provides labor for the sale of these items that the Lessor grants rights to, the percentage is 35% of the gross receipts. The percentage on all recorded merchandise, such as DVD, CD, cassettes, and video, is 10% of the gross receipts. 15. Broadcast Rights: Lessor reserves all radio and television broadcast rights, with no exceptions unless specified in writing. 16. Intermissions: Lessee agrees that for all programs lasting one hour or more, except religious services or other engagements specifically excluded, an intermission of not less than fifteen (15) minutes be held, subject to modification by the Lessor when necessary to meet unusual conditions. 17. Door Opening: Unless otherwise agreed upon by both parties, doors will open to the public one hour prior to performance. 18. Right to Notification & Approval: The Lessor reserves the right to be notified and approve of decorators, caterers, and other service people or agencies employed by the Lessee. Lessor, in conference, shall inform the Lessee of approval or disapproval of certain outside services aforementioned for causes best known to the Lessor. 19. Safety Provisions: The Lessee shall not, without the written consent of the Lessor, put or operate any engine or motor, or machinery on the premises, or use oils, explosives, burning fluids, camphene, kerosene, naphtha, or gasoline for either mechanical or other purposes. The Lessee further agrees that all decorative material including floor covering used in the premises must be flameproof and that all matters involving safety be resolved by the decisions of the Lessor. 20. Management Discretion: Any decision affecting any matter not herein expressly provided for shall rest solely within the discretion of the Lessor s President. 21. Notice to Show Requirements: Lessee shall provide Lessor at least fourteen (14) days before the performance a full and detailed outline of all show requirements and all such other information as may be required by Lessor concerning the event covered by this agreement, particularly where sound board seats could be obstructed by technical requirements and staging peculiar to the particular event. 22. Free Samples: No free samples of food, beverage, or any product may be given away or otherwise distributed without prior written approval of Lessor. 23. Copyrights: Lessee will assume all cost arising from the use of patented, trademarked, franchised, or copyrighted music, materials, devices, processes, or dramatic rights or intellectual properties used on or incorporated in the event. Lessee agrees to indemnify, defend and hold harmless Lessor from any claims or costs, including legal fees, which might arise from question of use of any such material described above. 5

6 24. Objectionable Persons: Lessor reserves the right to eject from the premises any objectionable person or persons, and neither Lessor nor any of its officers, agents, or employees shall be liable to Lessee for any damage that may be sustained by Lessee through the exercise by Lessor of such right. 25. Refund of Ticket Revenue: Lessor retains the right to make determination of ticket refunds for cause, in keeping with Lessor policy of retaining public faith. This shall include, but not be limited to, seats blocked by equipment when exchange for comparable location is not possible; failure of projection equipment; failure of act to show or to go on stage within reasonable time of schedule provided by the Lessee. 26. Announcements: Lessor reserves the right to request announcements prior to event or during intermission which would relate briefly to future attractions. Lessor is also entitled to make such announcements, as Lessor may deem necessary at any time in the interest of public safety. Lessee agrees that it will cooperate and will cause its agents and performers to cooperate with the delivery of such announcements for public safety, including but not limited to announcements to require patrons to return to their seats. 27. Interruption or Termination of Show: Lessor shall retain the right to cause the interruption of any performance in the interest of public safety, and to likewise cause the termination of such performance when in the sole judgment of Lessor such act is necessary in the interest of public safety. 28. Civil Rights: Lessee agrees not to discriminate against any employee or any applicant for employment because of race, color, creed, sex, or disability and further agrees to likewise not discriminate for those same reasons against any persons relative to admission, services, or privileges offered to or enjoyed by the general public. 29. Right to Cancel: Lessor reserves the right to terminate the license granted by this agreement for good cause (which does not include subsequent scheduling of a more preferred event.) Should the Lessor exercise said right to terminate the license granted by this agreement, Lessee agrees to forego any and all claims for damages against Lessor and further agrees to waive any and all rights which might arise by reason of the terms of this agreement; the Lessee shall have no recourse of any kind against Lessor. 30. Cancellation Clause: Lessee is expected to advertise canceled performances on both print and radio media. A $1.00 charge per returned ticket will be in effect for all canceled performances to cover the additional cost of staffing resulting from the cancellation. It is the policy of the Theatre to stay open until the scheduled curtain time for canceled performances. 31. Publicity: a) Commencement. Lessee agrees that, prior to delivery of this Agreement to Lessor with the deposit set forth in subparagraph 2 (a) (1) above, Lessee shall not disseminate or release any information or publicity with respect to the Performance. b) Preapproval. Lessor reserves the right to pre approve any advertising, marketing or other materials utilizing the name Providence Performing Arts Center, or any graphics depicting the Facility or any part thereof. Lessee agrees that it shall not distribute or post any literature, signs, placards, notices, posters, banners, flags or other materials of any kind in 6

7 or about the Facility without the prior written consent of Lessor, which consent shall not be unreasonably withheld. c) Advertising. Lessee agrees that it is Lessee s sole responsibility to advertise market or publicize the performance. Lessor, at its sole discretion, may publicize the performance in its newsletters, calendars or brochures. Lessor may allow announcements of the performance in its display windows or on its marquee on space- available basis only. 1). Lessee agrees that all printed material; advertising matter, posters, and pictures to be made by the Lessee will include the Providence Performing Arts Center logo, telephone number, and website in a size equal to Lessee s logo and/or website. 7

8 BASIC RENTAL RATES Theatre: (8:00 a.m. 12:00 midnight) $4, vs. 12.5% of the Box Office Gross Receipts (greater thereof) ADDITIONAL FACILITY USE Use of facilities shall be confined to the limits specified in the lease. An early move-in or late move-out will require an additional hourly charge. Rehearsal: (If available & subject to cancellation) Other than day of performance (8 Theatre hours)...$4, PERSONNEL CHARGES (per performance) Staff Services including ticket takers, house manager, ushers....$1, $2, for perfs on Sundays/Holidays Off-duty Police, per hour (minimum of 4 hrs. /minimum of one officer required).. Determined by prevailing rates Off-duty Police Sgt., per hour (minimum 4 hrs.)...determined by prevailing rates *Security Guards (minimum 4 hrs.).... $17.00/hour Supervisor.....$31.25/hour (Time & ½ on Sundays & Holidays) Custodial Charge.. $ Fire Marshall (minimum of 4 hrs. /minimum of two officers required).. Determined by prevailing rates Tech. Director $ *Security to be determined by General Manager one week prior to event based on attendance and nature of event. 8

9 OTHER MISCELLANEOUS CHARGES Box Office Service. $1, Cancellation.....$1.00 per ticket issued Ticket Charges.... $0.35 per ticket issued Restoration Charge $3.00 per ticket sold (With respect to advertising this charge must be built into the ticket price) Credit Card Commissions on Box Office Sales PPAC Box Office.4.5% Internet Ticketing (Tickets.com) % Commissions on Group Sales by Providence Performing Arts Center.10% of Group Sales Union IATSE #23 (rate sheet enclosed)....gross TBD Stagehands Add On Taxes % Benefits % of gross IATSE bill Wardrobe.....TBD Wardrobe Add on Taxes & Benefits....24% Commissions on Print Advertising Placed by PPAC % City Entertainment License.....$ ($50.00 for non-profit organizations) Street Closing (if required)...$ ASCAP.Determined by prevailing rates EQUIPMENT RENTAL (per day) Sound System Includes 1 microphone & sound board...$ Lighting Package..$ Follow spots (per spot/per day)..... $ Internet Access. $

10 UNION I.A.T.S.E #23 RATE SHEET The stagehand rates for I.A.T.S.E. #23 at the Providence Performing Arts Center are as follows: HANDS *DEPT. HEADS Straight Time $22.02 $24.27 Overtime $33.03 $36.41 Double Time $44.04 $48.54 *Applies to Broadway performances only, except for the head carpenter who will always receive the Department Head rate RIGGING RATE HOURLY Straight Time $33.04 Overtime $49.56 Double Time $66.08 Performance rate Hand $ Dept Heads $97.08 After 3 hrs. /10 minutes call.. Hands $29.36 Dept Heads $32.36 TRUCK LOADING / UNLOADING RATE Straight Body.2 men minimum Tractor Trailer 4 men minimum Rate. $60.95 per man/per truck If loading/unloading time exceeds 8 hours, then stagehand assigned to trucks will receive additional pay at the straight time rate. Reloading/unloading rate $22.56 per man/per truck for empties. No charge for vans and cars union will not be required to unload. A fee of 46.5% will be added to the stagehand bill for Health & Welfare, Worker s Compensation and payroll processing. Rates are subject to change without notice. 10

11 IN WITNESS WHEREOF, the parties have executed this instrument or caused it to be executed by their representative duly authorized as of the date first mentioned. Witnesses: Lessor Date Lessee Date Norbert Mongeon, Director of Finance Providence Performing Arts Center Witness Date Witness Date Betsy Menders, Event Manager Providence Performing Arts Center 11

12 Performance Advance Set Up Sheet Booked by: Name of Show: As displayed on ticket Date of Show: Curtain Time: Ticket Prices: Prices should include $3.00 restoration fee On sale date: Mon. Fri. 10 am / Sat. 12(noon) Opening Act: Intermission: Yes No Approximate length of show: Including opening act & intermission Promoter / Co-Promoter Contact Person Contact s phone # Contact s address: Required Info: Company holds Artist holds Pit to be seated Yes No Technical holds (extended limited views, etc.) Meet and Greet: Yes No Building Contacts: General Manager Alan Chille x3104 achille@ppacri.org Box Office Manager Stephanie Santos x3148 ssantos@ppacri.org Events Manger Betsy Menders x3117 bmenders@ppacri.org Tech Director Todd Snow x3115 tsnow@ppacri.org Dir. of Finance Norbert Mongeon x3110 nmongeon@ppacri.org Controller Judy Ferreira x3109 jferreira@ppacri.org Dir. of Ticketing Donna Santos x3145 dsantos@ppacri.org Please return this completed form to: bmenders@ppacri.org 12

MARQUEE DISPLAY REQUEST FORM THIS MARQUEEE FORM IS PROVIDED TO THE RENTER FOR THE INFORMATION AND/OR GRAPHICS TO BE USED IN CREATING A DISPLAY BOARD FOR THE DAY OF YOUR EVENT.

13 MARQUEE DISPLAY REQUEST FORM THIS MARQUEEE FORM IS PROVIDED TO THE RENTER FOR THE INFORMATION AND/OR GRAPHICS TO BE USED IN CREATING A DISPLAY BOARD FOR THE DAY OF YOUR EVENT. THIS FORM MUST BE RETURNED TO CHRIS MYERS, DIRECTOR OF INFORMATION SYSYEMS, AT (401) , EXT. 3170, OR AT CMYERS@PPACRI.ORG FIVE (5) DAYS PRIOR TO YOUR EVENT OR A GENERAL INFORMATION BOARD WILL BE PROVIDED ORGANIZATION (RENTER) CONTACT PERSON TELEPHONE NUMBER PERFORMANCE INFORMATION EVENT TITLE EVENT DATE EVENT TIME SPONSOR INFORMATION (IF ANY) GRAPHICS YOU WOULD LIKE DISPLAYED (I.E. LOGOS) MUST BE PROVIDED IN BITMAP (.BMP) OR.JPEG FORMAT. FOR ANY VIDEO PLEASE CONTACT CHRIS MYERS PPAC RESERVES THE RIGHT TO APPROVE ANY AND ALL INFORMATION REQUESTED FOR PLACEMENT ON OUR MARQUEE DISPLAY. 13

LETTER OF AGREEMENT. If there is a rehearsal/non Performance event Lessee agrees following terms:

LETTER OF AGREEMENT. If there is a rehearsal/non Performance event Lessee agrees following terms: LETTER OF AGREEMENT This document represents a lease agreement between the Rhode Island Center for Performing Arts ("RICPA"), as Lessor and , Representative, as 'Lessee'. Based on payment