Download Sample agreement between a venue and a production company

SAMPLE AGREEMENT BETWEEN A VENUE AND A PRODUCTION
COMPANY
This agreement is made on [insert date] between [insert venue name and address]
hereinafter called ‘the Theatre’ and [insert theatre production company and address]
hereinafter called ‘the Company’.
Whereby it is agreed as follows:
1. The company agrees to present [insert no] performances of [insert play title]
by [insert playwright] from [insert date] to [insert date].
2. The production will be presented at [insert time] daily. The Theatre will be
reserved for the Company for the purpose of get-in, from 10am – 9.45pm on
[inset date prior to the performance].
This agreement shall extend to all performances.
3. The Theatre shall at all times have complete control of the box office and all
money received from the sale of tickets for admission. Ticket process will be €
& € concession [insert amounts]. The Theatre shall receive and bank the box
office receipts and provide the Company on demand with true accounts on a
daily basis with weekly summaries.
4. The General Manager of the Theatre reserves the right to issue complementary
tickets as appropriate. 1
5. The theatre will facilitate all reasonable requests to sell theatre programmes or
other performance-related merchandise before and after shows and a
commission of [insert % ]2 will apply.
1
In the event a guarantee is being paid, the company will not issue any complementary tickets
without the consent of the theatre. If a box office split is the arrangement, then neither side
issues complementary tickets without the consent of the other. If the venue is hired, then the
Company decides on the number of complementary tickets.
2
In practice, this can be anything from 10% in the older venues to 25% in newer venues
1
6. Payment
Payment arrangements vary wildly and depend on the nature of the show, cast, writer,
etc. The following are provided as guidelines only:
Box office split
a) Subject to the all other terms set out in this agreement, the financial arrangements
between the Theatre and the Company will be as follows: There will be a simple
box office split 70/30 in favour of the production company from the first €.
Returns will be completed and posted, [within 7 (OR) within 14 days].
OR
Minimum guarantee, followed by a box office split
b) Subject to the all other terms set out in this agreement, the financial arrangements
between the Theatre and the Company will be as follows: The Theatre will pay the
company a fee of [insert amount] per week. After this the theatre will be paid
[insert amount] and after this remaining box office will be split [insert appropriate
arrangement e.g. 70/30 or 60/40]. Returns will be completed and posted, [within 7
OR within 14 days].
OR
The best of both worlds!
c) In this instance the venue guarantees the Company a minimum fee per week of
[insert amount] or a split of gross box office 70/30, whichever is the greatest.
N.B In the event the Company has a royalty arrangement with the writer then an
arrangement can be made with the venue that 10% of the gross box office will be paid
as royalties. This is usually paid from the first €.
7. The arrangements with regard to publicity are as follows: The Company will
provide [insert number] of fliers, [insert number] of AO & [insert number] A3
posters, photos, biographies and other publicity material not later than 8 weeks
before the show begins. All promotional material must be individualised. The
producer shall consult the theatre before printing and distributing all artwork
for programmes, posters and leaflets.
8. The Theatre will provide the use of its regular staff including Technical
Manager, Front of House Manager, Box Office Manager, ushers and cleaning
staff for the efficient running of the Theatre and will also provide all heating
and lighting normally used in the Theatre premises.
9. The Company’s staff and members must follow the instructions of the
Technical Manager, Front of House Manager and Box Office Manager in their
respective operational areas. Request for changes in the normal work practices
of the Theatre should be notified to the Director as soon as possible and will
be solely granted at his/her discretion.
10. Except in the case of ‘get-outs’ which occur after an evening performance, the
Company us expected to finish working in the theatre at 23.00. Rehearsal or
set-up activity should finish strictly at 21.45.
2
11. Any additional equipment required by the Company in excess of that available
at the Theatre must be provided by the Company at its own expense.
12. The Company hereby agrees with the Theatre as follows:
a) To provide the Theatre with full details of scenery, lighting, sound and
all technical requirements relating to the production not later than two
weeks prior to the ‘get-in’ date.
b) To provide the Theatre Technical Manager with a completed risk
assessment form not later than two weeks prior to the ‘get-in’ date.
c) To keep the stage, the stage area, dressing rooms, green room together
with all technical equipment used by the company, clean and tidy and
in good working order.
d) Not to alter the lighting, sound, electrical system or fittings of the
theatre without the prior consent of the Theatre Technical Manager.
e) Not to sue nails, pins etc on the stage floor to secure sets without the
prior consent of the Technical Manager.
f) To abide by the health and safety policy and statement of the Theatre
13. The Company will be financially responsible for the ‘get-in’ and the Theatre
for the get-out. The Company must supply their own sound and lighting
operator(s) and will be liable for reimbursing the Theatre for any overtime or
additional casual staff needed in respect of mounting the production, and ‘getout’ costs. The Company shall be liable for any damage incurred as a direct
result of their stay.
14. The Company shall, for the duration of the production, be responsible for all
scenery, properties, (including costumes, bandparts and instruments etc),
effects and equipment brought into the theatre premises in connection with the
production. On or before get out, the company shall be fully responsible for
the removal of all scenery, properties, effects and equipment brought onto the
Theatre premises in connection with the production, failing which same shall
be dealt with by the Theatre at its sole discretion.
15. The Company warrants that it is vested with all rights necessary to publicly
perform the production at the Theatre premises and that no performances of
the production will infringe any of the provisions of the copyright or other law
and that the production is not defamatory to any person, firm, or company and
will fully indemnify the Theatre against any cost, claim or demand arising out
of the breach of warranty.
16. Under copyright law, the Theatre is obliged to deduct a fee for musical
royalties on behalf of IMRO. This amounts to 3% of gross box for live
performance gigs and a sliding scale for music used in other theatrical/dance
performances.3 If the Company has already paid for the music rights, it will
forward proof of payment to the Theatre.
17. When employing non-resident artists as part of the production, the Company,
shall be responsible for the VAT liable on non-resident performing artists.
3
Note: details are available from IMRO
3
18. The Theatre retains at all times the sole and excusive right to determine the
times for opening and closing the theatre premises, to control and manage the
theatre premises and to advertise in and about the theatre promises the
presentation of forthcoming shows.
19. The Theatre will provide Public Liability Insurance for the venue. It will also
provide Employer’s Liability Insurance for its own employees in the venue.
The Company must provide Liability Insurance for its own employees,
members and contractors. The liability insurance must be for a minimum of
[insert amount] for any one accident and must indemnify the Theatre.
20. The Company will ensure that all of their staff and contractors have read the
Health and Safety Statement. The Company must comply with the health and
safety regulations of the Theatre. The Company must ensure that their
employees and contractors are familiar with the Theatre’s evacuation
procedures and location of extinguishers and alarms.
21. For the purposes of the agreement to present [insert play title] at the Theatre,
the parties agree to work together to maximise attendances and audiences. To
this end, each is Data Controller with the other for the protection of data on the
customers for [insert play title]. This means that each agrees to comply with
the Data Protection consents obtained from the customers, either previously or
in transactions for the presentation of [insert play title].
Specifically, for mailings (contact by post and email), all customers will be
asked to “opt-in” and give informed consent for their personal details to be
kept and used by the Company and the Theatre so that they can be kept
informed about future events and activities by both. Where existing customers
have not previously been asked or given such informed consent, the
opportunity will be taken to seek their informed consent.
22. If you are in agreement with these terms please sign and return. Your signing
of the contract signifies that you have read and understood the theatre’s rules
and regulations and Health and Safety Statement and agree to the points
contained in it.
Signed on behalf of
[insert name of Theatre]
Signed on behalf of
[insert company name]
----------------------------
-------------------------------
Date:
Date:
Draft prepared: November 2005
.
4