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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