Buskirk-Chumley Theater – Terms and Conditions of Use as of Jan 2012
Rental Access Statement
BCT Management, Inc.(BCTM) is a private, non-profit organization. Our mission is to manage the Buskirk-Chumley Theater in a fiscally responsible manner as a widely accessible, quality venue and performance space.
Rental and other fees are used solely to maintain this facility and offer services to support our patrons and promoter partners.
BCTM believes strongly that access to this community resource should be available to all and will make no judgment or restriction on the content of public performances provided said performances are within the bounds of law and meet all contractual requirements set forth in the following document.
On execution and delivery of this Agreement by Lessor, to ensure the faithful performance of Lessee’s obligations, Lessee shall pay a non-refundable deposit in the form of cash or check. Such deposits shall be made payable to BCT Management, Inc. The deposit shall be credited to the fees payable hereunder, additional charges, and any damages payable under this agreement.
This Agreement commits presenter to rental dates, and two informational deadlines defined below:
1) Publicity Information Deadline – no later than 8 weeks prior to performance
Presenter must provide BCTM basic press release including:
- Title of performance
- Date and time of performance
- Ticket prices, and description of classes (i.e. Children = 12 and under)
- General description of performance
- Any available images for the performance and/or poster/flyers
- Pre-printed and numbered tickets for the performance(s) or an order for BCT to print tickets for the Lessee
2) Production Information Deadline – 2 weeks prior to performance
Presenter must provide BCTM with:
- List of technical equipment needs
- Production schedule (when you will arrive at the theater, when you will leave, and what you plan to do in between)
- Stage plot (where each musician, set piece, chairs, etc. will be on stage)
- General script when applicable
In the event Lessee fails to meet these deadlines, remedies as described below may be undertaken, including, but not limited to: cancellation of Lessee’s performance, request of full payment in advance of the performance, or the assignment of additional charges to Lessee’s final invoice.
BCT Box Office and Ticketing Procedures
All events at the Buskirk-Chumley Theater must be ticketed through the BCT Box Office, located at the Theater.
- Other advance sale locations must be closed out prior the opening of the BCT Box Office on your performance date.
- A report of all other advance sales must be provided to the Sunrise Box Office at the opening of the Sunrise Box Office on your performance date.
- Guest List should be given to the House Manager no later than two hours prior to show.
- Lessee will be charged 4% on all credit card sales.
- BCT Management, Inc. will be provided 10 complimentary tickets per performance to any event presented at the Buskirk-Chumley Theater, as “house seats.”
- Lessee is also encouraged to provide complimentary tickets to approved members of the press. Distribution and management of press tickets shall be made by the Lessee.
Settlement of Ticket Sales Income/Rental Expense
BCT Management, Inc. and Lessee will settle accounts in the following manner:
1.) Settlement will be made no later than three working days following Lessee’s final performance.
2.) Settlement check/invoice will be mailed to the Business Contact address. For settlement the night of the show, arrangements must be made by the Lessee no less than two weeks in advance.
3.) Final ticket sales report will be available to Lessee on the night of performance.
4.) Final invoice for rental is charged against total ticket sales. Lessee will be presented with a complete ticket sale report, final invoice, account statement, and when applicable, a check for the remaining ticket sales. (If necessary, Lessee may arrange to pay the rental invoice in full and receive a check for total ticket sales.)
Once verbal commitment is made for rental of a specific date(s) of rental, the Lessee is required to pay the $200/day non-refundable, non-transferable deposit. If an event is cancelled or rescheduled once the contract for rental is signed, rental fees (excluding labor, box office, usher fees) will be assessed in the following manner:
- Less than 60 days in advance ……..100% of rental fee due
- Less than 90 days in advance………50% of rental fee due
- More than 90 days in advance………deposit fee only due
It is understood and agreed that management for some events will use non-union or voluntary stagehands. The Lessee and the Technical Director and/or union representative will discuss the number of union hands and volunteer hands that will be needed on an event by event basis. It is understood that if union labor is involved, all parties will abide by the contract between the Buskirk-Chumley Theater and IATSE Local #618.
If sound equipment is carried by the performance company, the Technical Director, after consultation with representatives of the company, may permit use of the company’s equipment in conjunction with the house system.
Security and Staffing
BCT Management, Inc., reserves the right to modify security and staffing calls up to the time of performance at the cost of the Lessee.
BCT Management, Inc. requires a 10% merchandising fee. Lessee is responsible for communicating this agreement to all talent; including the BCT House Manager in any settlement of merchandise with the talent; and remitting said fee following the performance. Merchandise includes anything offered for sale by an artist or promoter at the Buskirk-Chumley Theater, not excluding CDs, DVDs, T-shirts, posters, bumper stickers, patches, or other paraphernalia.
BCT Management, Inc. provides a House Manager and volunteer ushers for all events to uphold decorum in the Theater and provide safety for performers and patrons. Lessee will abide by the front-of-house policies and procedures as directed by the House Manager.
Access and Theater Aisles
Renters cannot access the Buskirk-Chumley Theater before 1 pm on Sundays
Standing room is not available and is not permitted in the Buskirk-Chumley Theater. All crosswalks, aisles, corridors, and entries/exits must be kept clear in the event of an emergency. Items not allowed to block aisles includes, but is not limited to, all cameras and tripods, video and film equipment, production equipment, production scenery, production props, production lighting, wheelchairs, walkers, crutches, strollers and baby carriages. All media must be authorized, in writing, by BCT Management, Inc., and must be in an authorized location or in a pre-arranged seat as provided by the Lessee. All handicap equipment may be stored with the House Manager. No portions of the sidewalks, entries, passages, vestibules, halls or stairs shall be obstructed by the Lessee, or permitted to be used for any purpose other than ingress and egress to and from the building.
The doors, stairways, or openings that reflect or admit light into any portion of the building, including hallways, corridors, and passageways shall in no way be obstructed by the Lessee. Exit lights, emergency lights, house lights, aisle lights, stairway and hallway security lights or any other lights necessary for the safe occupation of the building shall not be obstructed in any way. Employees and designated volunteers of the BCT Management, Inc. shall have complete and total access at all times and in all areas of the facility, including, but not limited to dressing rooms, stage, production booths and theater.
Smoking and Incense
It is understood that smoking and/or burning of any substance is NOT PERMITTED anywhere within the interior walls of the Buskirk-Chumley Theater.
If a script calls for smoking or the use of any fire effects, the Theater Director must approve in writing at the Production Information Deadline listed above. There is a $100 effects filing fee applicable. Any infraction of smoking regulations may be cause for ending an event, and/or clearing and closing the facility. BCT Management, Inc. will not be financially or in any other respect liable for the execution of this right.
Securing and payment for performing rights is the responsibility of Lessee. Lessee shall furnish to the Theater Director, documented evidence of said rights by the Production Information Deadline listed above.
Failure to provide such evidence may result in cancellation of agreement to provide said facilities with no penalty to BCT Management, Inc. Lessee agrees to indemnify, defend, and hold harmless BCT Management, Inc., its Board of Directors, and employees against any and all claims, demands, or suits that may be made or brought against them with respect to the performance of any material performed during the above engagement.
Insurance and Taxes
During the engagement, the Lessee agrees to carry and maintain the following insurance:
- General liability and/or event insurance for the date(s) of their event naming BCT Management, Inc. and the City of Bloomington as additional insured. Proof of this insurance must be provided to BCTM no later than two weeks prior to the first performance.
- Workmen’s Compensation and Disability Insurance covering Lessee’s employees, and all other employees for which the Lessee becomes responsible as stated in Lessee’s contract with the Attraction being presented, and to require independent contractors engaged by or on personal property contained therein to carry and maintain Workmen’s Compensation insurance covering their employees.
- Lessee agrees to be solely responsible for all sums payable for Social Security, Unemployment Insurance, Disability Benefits and other charges in connection with Lessee’s employees.
By signing this Lease, the Lessee represents and agrees as follows:
- That the individual signing the Lease on behalf of the Lessee has been duly authorized by the Lessee to do so and bind the Lessee to the terms and conditions of the Lease.
- That Lessee agrees to indemnify, defend, and hold harmless BCT Management, Inc., the City of Bloomington, and their respective employees, agents, representatives, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, losses and other liabilities to any person or property resulting from or in any way connected with use and occupancy of, or attendance at, the Buskirk-Chumley Theater and/or use of equipment owned or controlled by the Indemnified Parties, and/or equipment owned or controlled by the Lessee.
Damage Caused by Lessee
It is agreed that should any damage be caused by Lessee or its staff to the Buskirk-Chumley Theater or equipment, Lessee will be responsible for the payment of the cost of any repairs or replacement required, and it is further understood that Lessor will furnish Lessee with a detailed statement, no later than sixty (60) days following engagement of all such damages and cost of repair, normal wear and tear excepted, provided said damage is reported to Lessee’s representative and proof of responsibility is established no later than 36 hours following the engagement date. It is further agreed and understood that the Lessee will pay on demand for any loss or damage to any equipment belonging to or controlled by talent brought in by the Lessee.
It is understood that the Lessee confirms that it does not and will not discriminate and/or seat patrons because of race, religion, color, sex, age, national origin, handicap, marital status, or sexual orientation.
Alcohol and Drug Policy
BCT Management, Inc., regulations restrict the use of alcohol to those 21 and over and prohibit the use of illegal drugs on Buskirk-Chumley Theater property. Therefore, use of illegal drugs by any of the performers, or anyone associated with the performers or the Lessee will not be allowed during the performance(s), rehearsals, and while the performers are present on the premises of the Buskirk-Chumley Theater. In the event of noncompliance on the part of Lessee or any talent hired by Lessee, or their employees or agents, law enforcement will be contacted.
In the event that Lessee fails to appear, perform, and/or present, or defaults in performance of the provisions of this contract for reasons other than those stated in other sections of this agreement, the Lessor shall be entitled to all payments due as if the agreement had been fulfilled.
In the event that the Lessee fails to meet any of part of the above terms and conditions of use, BCT Management, Inc. reserves the right to take action designed to protect the reputation and financial viability of the theater including, but not limited to: cancellation of Lessee’s performance, request of full payment in advance of the performance, or the assignment of additional charges to Lessee’s final invoice.
Except as otherwise provided in other sections of this agreement, neither the Lessor or Lessee will be held liable for failure to perform, present, or appear if such failure is caused by or due to serious illness on the part of the performer, accident, riot, strike, acts of God, or any other legitimate conditions beyond their control.
This agreement constitutes the complete understanding of both parties regarding this usage. It is understood that any changes, additions, or deletions must be in written form signed by both parties as an addendum to this agreement. It is further understood that this agreement cannot be assigned or transferred.