Memorial Hall, Gerrard Hall & Historic Playmakers Theatre Facility Use Agreement for University Users To confirm an event, this agreement must be read, completed and signed on Page 13 by an authorized representative or representatives of the sponsoring organization and returned to Mark Steffen by mail at Campus Box 3233, Chapel Hill, NC 27599-3233; by fax at 919.843.2012; by email to msteffen@email.unc.edu; or in person at the Carolina Performing Arts Administrative Office located in the Porthole Building. Event Information: Event Name: _________________________________________________________________________________ Event Date(s): ________________________________________________________________________________ Event Start Time(s): _____________________________ Event End Time(s): ____________________________ List only the actual times your event is scheduled to begin and end. Do not include times for rehearsal, setup, strike, opening doors to the public or the like as these will be determined at your pre-event meeting. Venue(s) Used: ________________________________________________________________________________ Organization Information: Sponsoring Organization: ______________________________________________________________________ Contact Person: _______________________________________________________________________________ Organization Mailing Address: __________________________________________________________________ __________________________________________________________________ Phone Number: _______________________________________________________________________________ Email Address: _______________________________________________________________________________ Will this event be paid for through the Student Activity Fund Office (SAFO)? __________________________ This agreement is made between the “sponsoring organization” listed above (hereinafter “User”) and The University of North Carolina at Chapel Hill for its Carolina Performing Arts (hereinafter “Owner”) for purposes of presenting the above described event(s). By signing Page 13 of this agreement, User’s representative affirms that he or she is authorized by User to enter into this agreement on User’s behalf and that he or she has read, understood and will abide by the terms of this agreement and of the University of North Carolina at Chapel Hill’s Policy On Use of University Facilities for Noncommercial and Commercial Purposes (http://policies.unc.edu/policies/fac-use/). User agrees to pay a “use fee” of ___________ and all other expenses detailed in this agreement. Page 1 of 13 Valid for events July 1, 2015 – June 30, 2016. 1. Nature of this Agreement 1.1 Cancellation of Contract: This agreement is a contract that may not be cancelled by Owner except when User fails to comply with the conditions stated herein, fails to show adequate financial resources for presentation of the event, is not willing or able to perform adequately all required duties and responsibilities related to the event, or similar cause in the sole judgment of the Associate Director of Carolina Performing Arts, or in the event of nonpayment for a previous event as further described in Section 5.4, or as further described in Section 8.1. 1.2 Assignment of Contract: This contract is not assignable by either party without the expressed written permission of the other party. The User shall not assign or let the space covered by this agreement without the written consent of the Owner. 1.3 Laws Governing this Agreement: The laws of the State of North Carolina shall govern this agreement. 1.4 Severability: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. 2. Venue Specific Information and Regulations 2.1 Memorial Hall: Memorial Hall is a 1,434 seat theater located on East Cameron Avenue between Phillips Hall and Gerrard Hall. House Holds: Owner shall hold twenty (20) seats to use at its discretion. 2.2 Gerrard Hall: Gerrard Hall is a multipurpose venue suitable for lectures, small concerts, meetings, dinners and receptions. It is located on East Cameron Avenue between Memorial Hall and South Building. Maximum seating auditorium style is 380. Maximum attendance for a standing room event is 200. House Holds: For all events featuring auditorium style seating, Owner shall hold four (4) seats to use at its discretion. 2.3 Historic Playmakers Theatre: Historic Playmakers Theatre is a 244 seat theater located on East Cameron Avenue between South Building and Bynum Circle. Accessibility: Historic Playmakers Theatre has limited accessibility for persons with disabilities. Patrons in wheelchairs or with other mobility issues should enter the auditorium at the entrance on the south side of the building (near Steele Building).The backstage facilities are not accessible for persons in wheelchairs or with mobility issues. For further information about accessibility, please contact Mark Steffen at 919.962.0957 or msteffen@email.unc.edu. Restrooms: There are NO functioning restrooms in Historic Playmakers Theatre whatsoever. Anyone needing to use a restroom will need to use the facilities in a nearby building. Climate Control: There is no air conditioning in Historic Playmakers Theatre. Onsite ticket sales: Ticket sales for events at Historic Playmakers Theatre occurring the evening of a performance will be handled directly at Historic Playmakers Theatre. Ticket purchases occurring at Historic Playmakers Theatre must be by CASH OR CHECK ONLY. Under no circumstances will payment by credit card, debit card, OneCard or any other form besides cash or check be accepted at Historic Playmakers Theatre. House Holds: Owner shall hold fourteen (14) seats to use at its discretion. Page 2 of 13 Valid for events July 1, 2015 – June 30, 2016. 3. Ticketed Events 3.1 Ticketing Handled by Memorial Hall Ticket Services: Memorial Hall Ticket Services has the exclusive right to handle all aspects of ticketing for events in Memorial Hall, Gerrard Hall and Historic Playmakers Theatre. All tickets must be printed by Memorial Hall Ticket Services on ticket stock provided by Memorial Hall Ticket Services. USER MUST CONTACT THE MEMORIAL HALL TICKET SERVICES TO SET UP TICKET SALES AT LEAST THREE (3) WEEKS PRIOR TO THE DESIRED ON SALE DATE. Users having ticketed events must sign the Memorial Hall Ticket Services’ Ticketing Use Agreement and abide by all stated regulations. The Ticket Services Manager reserves the right to waive any policies. 3.2 Decisions about Tickets for Events: Owner shall have the right to require that any events occurring in its venues be ticketed and whether or not ticketing shall be general admission or reserved seating. 3.3 Tickets are Date and Time Specific: All tickets are date and time specific and will only be honored for admission to events occurring at the date and time printed on the ticket. 3.4 No Babes in Arms: For ticketed events, children of all ages must have a ticket for admission. No children will be allowed to sit in their parent’s arms without a ticket. 4. General Rules and Regulations for All Venues 4.1 Communication of Policies: User is responsible for informing all patrons, guests, caterers, et cetera about all relevant policies described in this use agreement, the Policy on Use of University Facilities for Noncommercial and Commercial Purposes, the Memorial Hall Ticket Services’ Ticketing Use Agreement and all other applicable University policies. 4.2 Insurance/Liability: User assumes all liability associated with the aforementioned event, excluding any liabilities that arise out of the sole negligence or willful misconduct of Carolina Performing Arts. Officiallyrecognized UNC student organizations may contact Robin Bennington with UNC Treasury and Risk Management Services at 919.962.9061 or robin.bennington@unc.edu with questions about liability and to purchase Tenant Users Liability Insurance Protection (TULIP), also known as “Events Coverage,” which provides general liability insurance to facility users. User agrees to pay Carolina Performing Arts for all damages to UNC property, equipment owned by the University and equipment rented by the University. 4.3 Portions of Building Available to User: Owner hereby grants the User the right to use the following portions, and no other, of the building(s) listed above on The University of North Carolina at Chapel Hill campus located in the town of Chapel Hill, North Carolina, namely: performance area, auditorium and dressing facilities, together with appropriate access to the same as the Owner shall determine and such additional space as the Owner in its discretion shall allocate to the User to be used for the sole purpose of presenting the event(s) listed above and for no other purpose whatsoever without the written consent of the Owner. Said use is exclusive of general offices, storage spaces, mechanical rooms, grounds, and all other spaces inside and outside building(s) listed above. All of said space is hereby expressly reserved by the Owner to its own exclusive use. 4.4 Hours: Events must end no later than 11:00pm. No one will be permitted to enter or remain inside the venue after 11:30pm. 4.5 Set-up: Set-up requests agreed to between the parties will be in place prior to the User’s arrival time agreed upon by the parties. Notification of caterer, florist, rental vendor and other representatives of set-up time is the responsibility of the User. Page 3 of 13 Valid for events July 1, 2015 – June 30, 2016. 4.6 Storage of the User’s Property: User, caterer, florist, rental vendor and other representatives’ property cannot be stored overnight, either prior to or following the reservation period. Failure to remove property may result in additional charges for storage. All delivery times need to have prior approval from Carolina Performing Arts facility staff. 4.7 Catering: Events must be catered by a professional, insured caterer. Caterer must abide by the Orange County Health Department regulations for food preparation, storage and handling. Organization must arrange for adequate parking for catering staff and other vendors. All caterers must have prior approval. All cooking must be done outside of the facility. No furniture may be moved from its original location without prior approval from Carolina Performing Arts facility staff. Event facilities must be cleaned and all trash removed from the building. 4.8 Alcohol: No alcoholic beverages shall be served, consumed and/or sold during events sponsored by student organizations or where the majority of attendees are likely to be students. Any use of alcohol during other events must receive prior approval from Owner and fully comply with the University’s Guidelines for Serving Alcohol at University-Sponsored Events (http://policy.sites.unc.edu/files/2013/03/alcohol.pdf). 4.9 Concessions: Users are not permitted to sell concessions (food or drink) or access concession booths. Users who would like Sugarland to provide concessions during their event must inform Carolina Performing Arts staff at least three weeks prior to their event. If concessions are provided, User agrees to guarantee Sugarland $400 in gross revenue per event. Any difference in the guarantee and actual revenue collected will be added to User’s final invoice. 4.10 Rentals: A limited number of 6’ tables and chairs are available. Please speak with a Carolina Performing Arts staff member to ensure availability. Preferred rental companies are: American Party Rentals UNC Housekeeping (tables, metal chairs and trashcans) Schedules for delivery and pick up of rented equipment must be confirmed with Carolina Performing Arts staff at least one week in advance or arranged directly by Carolina Performing Arts staff. 4.11 No Glitter, Wall Decorations, Open Flames, Pyrotechnics, Tape, Glow Sticks or Balloons: Glitter, including glitter used as makeup or as part of a costume, is not allowed in any venue managed by Owner. USE OF GLITTER WILL RESULT IN A SUPPLEMENTAL CLEANING CHARGE OF AT LEAST $700. No decorations or signage may be affixed to the walls at any time. No open flames or pyrotechnics may be used. Any marking of the stage or floor must be done with tape provided or approved by Carolina Performing Arts staff. NO TAPE MAY BE USED ON ANY SURFACES OR FURNITURE WITHOUT PRIOR APPROVAL BY CAROLINA PERFORMING ARTS STAFF. Glow Sticks are NOT allowed in any venue managed by Carolina Performing Arts. Helium filled balloons are NOT permitted in the Beasley-Curtis Auditorium of Memorial Hall. Helium filled balloons are permitted in other spaces managed by Carolina Performing Arts only if securely tied to a heavy weight. Hoverboards are not allowed in any venues managed by Carolina Performing Arts or the adjacent grounds or parking lots. VIOLATION OF ANY OF THE RULES IN THIS SECTION MAY PREVENT USER FROM BEING ALLOWED TO USE CAROLINA PERFORMING ARTS VENUES IN THE FUTURE, INCLUDING FOR EVENTS ALREADY BOOKED AND/OR UNDER CONTRACT. 4.12 Smoking: Smoking is NOT permitted in Memorial Hall, Gerrard Hall, Historic Playmakers Theatre or the surrounding grounds or parking lots. This includes vapor smoking devices. 4.13 Steamers: To prevent accidental activation of the fire alarm, steamers may only be used with the express permission of Carolina Performing Arts staff in designated areas. Page 4 of 13 Valid for events July 1, 2015 – June 30, 2016. 4.14 Patrons with Special Needs: Accessible seating is available in all venues managed by Carolina Performing Arts. Please have guests alert the Box Office of their needs at 919.843.3333. Memorial Hall and Gerrard Hall are equipped with infrared listening systems provided free of charge for hearing-impaired guests. We have a limited supply of headsets, so please reserve in advance by calling the Box Office at 919.843.3333. Performers must use microphones for this system to work. 4.15 Deadline for Event Information: At least fourteen (14) days prior to the scheduled event, User must provide Carolina Performing Arts facility staff with final and completed information on set-up specifications, technical requirements and a schedule of activities for the event. This information should be submitted in written or electronic form. All event rigging requirements must be submitted to the Associate Director of Carolina Performing Arts or his designate fourteen (14) days in advance of performance date. All rigging must be coordinated with Carolina Performing Arts staff. 4.16 Approval of Equipment: User may not install or operate any equipment, fixture, or device, nor operate or permit to be operated any engine, motor, or other machinery, or use gas, electricity, or flammable substances (including without limitation, pyrotechnic devices) in the facility except with prior written approval of the Associate Director of Carolina Performing Arts, and under such conditions and restrictions as the Associate Director of Carolina Performing Arts may specify. All electrical connections must be made under direction of Carolina Performing Arts personnel, and all house equipment must be operated by Carolina Performing Arts personnel. No equipment, device or fixture may be used that endangers the structural integrity of the facility or its utilities system. 4.17 Operation of House Equipment: All house equipment, including but not limited to sound and lighting equipment, shall be operated only by technicians authorized by Carolina Performing Arts. 4.18 Maximum Decibel Level: Audio levels in Memorial Hall are limited to 93 dBA measured 65’ from the front of the stage and will be monitored throughout the day by venue staff. Stage levels are limited to 95 dBA measured at monitor mix position. Audio levels are measured in one minute averages in real time using a calibrated sound monitoring device with visual display monitors mounted at monitor and front of house mix positions. Touring or rented PA systems’ main outs must run through a house limiter. A warning will be given if one minute average exceeds 93 dBA at which point the house limiter will be set to maintain volume at or below 93 dBA. 4.19 Merchandise: No sales, authorizations of sales, or distribution of food items, merchandise or special services are allowed without prior approval from Owner. A 20% commission on net sales will be applied to all merchandise approved for sale on the premises. Settlement will be onsite at point of sale immediately following the end of sales. In the event User (or any of User’s agents, employees, subcontractors or representatives) sells merchandise at the event and wishes to accept credit cards as a method of purchase, User shall be solely responsible for furnishing all credit card equipment, network access, and related infrastructure necessary to process the credit card transactions. User shall not use the University’s wireless network to process any credit card transactions. User shall be solely responsible for complying with the Payment Card Industry Data Security Standard (PCI-DSS) and the Payment Application Data Security Standard (PA-DSS) in its acceptance and processing of all credit card transactions. Owner will NOT provide personnel to sell merchandise if credit card sales are utilized. 4.20 Advertising: No advertising or printed materials may in any way suggest that the event is being presented or sponsored by Carolina Performing Arts or the Office of the Executive Director for the Arts. This includes statements such as “Sponsored by Memorial Hall” or “Presented by Gerrard Hall.” User is responsible for promotion and advertising at its expense. Page 5 of 13 Valid for events July 1, 2015 – June 30, 2016. 4.21 Signage: No signs, messages, or other materials, including without limitation, advertising materials and political campaign literature, may be posted, displayed, distributed or announced in, on, or adjacent to Memorial Hall, Gerrard Hall or Historic Playmakers Theatre without written approval of the Owner. Such materials may not be fastened to any part of the facility except in spaces provided for this purpose by the Owner and may not be permitted to interfere with crowd movement and safety. 4.22 Copyrighted Material: User warrants that all copyrighted material to be performed by User or his agents or employees or those under contract with him (“contractors”) has been duly licensed or authorized by copyright owners or their authorized representatives. User agrees to indemnify and hold The University of North Carolina at Chapel Hill and its employees and agents harmless from any and all claims, losses or expenses incurred with regard thereto. 4.23 Radio/Television Broadcasting: The Owner reserves the right to approve all radio and/or television broadcasting, whether live or transcribed for delayed transmission, and all visual or audio recordings originating from venue(s) and all physical arrangements therefore. Broadcasting and recording, and the allocation of revenues derived therefrom, may be negotiated as part of a contract for use of facilities. Should the Owner grant to the User any such rights and privileges, the Owner has the right to require advance payment of estimated related costs to the Owner, such as installment of equipment. Any contract entered into involving the broadcast or recording rights shall be signed by all pertinent parties prior to any broadcasting or recording date. 4.24 Compliance with Other Laws and Regulations: User agrees that it will faithfully use and occupy the premises that are the subject of this agreement in accordance with all applicable laws, ordinances and regulations of The United States, State of North Carolina, and the Town of Chapel Hill and will abide by all University rules, policies and regulations. 5. Payments Due 5.1 Fees, Services and Required Personnel: User shall be responsible for paying any use fee(s) listed on the first page of this agreement plus all expenses related to the production of this event including, but not limited to, security, housekeeping, catering, house staff (ushers, ticket takers, and supervisors), stagehands, parking, traffic control, box office, other labor, ticket costs, license fees, taxes and equipment rental. A rate summary is included in Section 6 of this agreement. These expenses will be itemized in an estimate prior to the event. User understands that actual expenses may differ from estimated expenses. User shall be responsible for paying actual costs, which will be billed after the completion of the event as well as for any damages resulting from negligence, misuse of equipment and/or vandalism. User also agrees to pay for any extraordinary cleaning costs. THERE IS A SUPPLEMENTAL CLEANING CHARGE OF AT LEAST $700 IF GLITTER IS USED. Please note that it may be necessary for the User to pay for parking charges and any outside catering or event rentals in addition to and separate from charges from Owner. 5.2 Taxes: Currently there is a 7.5% sales tax imposed on admission charges to motion pictures, films, live performances and other live events occurring in Orange County. Owner will charge all applicable ticket taxes directly to patrons who purchase tickets in person or over the telephone from Carolina Performing Arts staff or through the Carolina Performing Arts website and will remit all applicable taxes on these sales for the above described event(s) to the proper authorities. For tickets sold by User on consignment, Owner will maintain records of all consignment tickets given to User for sale and all consignment tickets returned to the Box Office unsold. USER AGREES TO PAY OWNER THE FULL AMOUNT OF TAX DUE ON ALL CONSIGNMENT TICKETS NOT RETURNED TO THE BOX OFFICE PRIOR TO THE START OF THE PERFORMANCE, WHETHER OR NOT THOSE TICKETS WERE ACTUALLY SOLD. Owner will calculate the total amount of tax due for all consignment ticket sales for the above described event(s) and include that amount as a line item on User’s final invoice, Page 6 of 13 Valid for events July 1, 2015 – June 30, 2016. which User agrees to pay as further described in Section 5.4. Owner will remit this amount to the proper authorities. 5.3 Liability for Damages: The User will be liable for all damages to University property and equipment incident to the User’s use of said premises and use by User’s employees, agents, invitees and contractors. User agrees to promptly reimburse Carolina Performing Arts for any and all costs occasioned by any claims or suits arising out of the injury or death to any person or damage to any property resulting from the use of said building(s) by the User, its employees, agents, invitees and contractors. Owner reserves the right to deduct from any payment or allocation to User sufficient funds to cover any damage by User, its employees or agents. Owner shall not be responsible for any loss, theft, or other damage to machinery, equipment, paraphernalia, costumes, clothing, trunks, exhibit materials, scenery, music, musical instruments or cases of same, or to any and all other property of User or User’s employees or contractors except on account of negligence on the part of the Owner or its employees or agents, and then only to the extent permitted by the North Carolina General Statute 143-291 and following. 5.4 Method of Payment: After the event, Owner will submit an invoice for all use fees, percentages, expenses, taxes and damages due by User, less any ticket revenue due to User and deposit. Full payment is due fourteen (14) days after the invoice is sent. University account transfer, cash or check are the only types of payment accepted. In the event Owner owes a settlement amount to User, Owner will make payment in the form of a University account transfer or University check within thirty (30) business days following the performance. User shall not receive its share of box office receipts except upon completion of the program herein described according to the conditions specified herein. 5.5 Penalties for Nonpayment: If Owner does not receive full payment due from User within fourteen (14) days, Owner reserves the right to refuse to provide User with any further services until full payment is received. This may prevent User from booking events in venues managed by Carolina Performing Arts and/or utilizing Memorial Hall Box Office services. Nonpayment may also result in the cancellation of events previously booked. Owner reserves the right to share information of nonpayment status with other University departments and organizations, which also may deny services to User. If full payment is received more than fourteen (14) days after the invoice date, Owner reserves the right to insist on special deposit terms before agreeing to book a venue or provide services for User. Page 7 of 13 Valid for events July 1, 2015 – June 30, 2016. 6. Rate Summary (all rates are per day unless otherwise noted) “Student Organization” below refers only to officially-recognized University of North Carolina at Chapel Hill Student Organizations. In order to qualify for Student Organization rates, all of the following conditions must apply: (1) the “Sponsoring Organization” listed on Page One of this agreement must be an officially-recognized University of North Carolina at Chapel Hill Student Organization, (2) a current officer of the sponsoring Student Organization must sign Page 13 of this agreement, (3) at least one student representative of the sponsoring organization must attend any pre-event planning meeting(s) with Carolina Performing Arts staff, (4) the sponsoring Student Organization must agree to be publicly named as the event’s primary sponsor on the Memorial Hall website, on any tickets printed and elsewhere, (5) no alcoholic beverages may be served, consumed and/or sold during or as part of the event, (6) all payments due to Owner under this agreement must be received directly from the sponsoring Student Organization via the Student Activity Fund Office (SAFO) and/or via a bank account held in the sponsoring Student Organization’s name, and (7) any payment due to User under this agreement must be issued directly to the sponsoring Student Organization and to no other person or entity. “UNC Department” below refers only to official University of North Carolina at Chapel Hill Departments and other official University of North Carolina at Chapel Hill units that are not Student Organizations. In order to qualify for UNC Department rates, all of the following conditions must apply: (1) the “Sponsoring Organization” listed on Page One of this agreement must be a UNC Department, (2) the current head of the sponsoring department and/or the department’s business officer must sign Page 13 of this agreement, (3) at least one employee or affiliated UNC-CH student of the sponsoring department must attend any pre-event planning meeting(s) with Carolina Performing Arts staff, (4) the sponsoring department must agree to be publicly named as the event’s primary sponsor on the Memorial Hall website, on any tickets printed and elsewhere, (5) all payments due to Owner under this agreement must be received directly from the sponsoring department via University account adjustment and/or via a bank account held in the sponsoring department’s name, and (6) any payment due to User under this agreement must be issued directly to the sponsoring department via University account adjustment. Memorial Hall Beasley-Curtis Auditorium Use Fee (in addition to other charges below): Full Use Fee is charged for each day that a performance, film/photo shoot, meeting or other event is held. If facility is used for any other purpose (such as a rehearsal or tech day) only, then 50% of the Use Fee is charged per day as indicated in parentheses below. $0 for Student Organizations ($0 for rehearsals, tech days, et cetera) $600 for UNC Departments ($300 for rehearsals, tech days, et cetera) $1650 for non-profit organizations ($825 for rehearsals, tech days, et cetera) $2200 for all other users ($1100 for rehearsals, tech days, et cetera) Pamela Heavner Gallery (on the Second Floor of Memorial Hall) Use Fee: $250 for any event that includes food and/or drink $175 for all other uses Memorial Hall Newsome-Quackenbush Lobby Use Fee (in addition to other charges below): This daily fee is only charged if the Beasley-Curtis Auditorium is NOT used. $0 for Student Organizations $100 UNC Departments $175 for non-profit organizations $250 for all other users Page 8 of 13 Valid for events July 1, 2015 – June 30, 2016. Gerrard Hall Use Fee (in addition to other charges below): Full Use Fee is charged for each day that a performance, film/photo shoot, meeting or other event is held. If facility is used for any other purpose (such as a rehearsal or tech day) only, then 50% of the Use Fee is charged per day as indicated in parentheses below. $0 for Student Organizations ($0 for rehearsals, tech days, et cetera) $100 for UNC Departments ($50 for rehearsals, tech days, et cetera) $250 for non-profit organizations ($125 for rehearsals, tech days, et cetera) $500 for all other users ($250 for rehearsals, tech days, et cetera) Historic Playmakers Theatre Use Fee (in addition to other charges below): Full Use Fee is charged for each day that a performance, film/photo shoot, meeting or other event is held. If facility is used for any other purpose (such as a rehearsal or tech day) only, then 50% of the Use Fee is charged per day as indicated in parentheses below. $0 for Student Organizations ($0 for rehearsals, tech days, et cetera) $175 for UNC Departments ($87.50 for rehearsals, tech days, et cetera) $750 for non-profit organizations ($375 for rehearsals, tech days, et cetera) $1,000 for all other users ($500 for rehearsals, tech days, et cetera) Ticket Services Fee for Staffed Events: $200 (Student Organization), $275 (UNC Department), or $325 (non-University) per event at Memorial Hall; $150 (Student Organization), $185 (UNC Department), or $200 (non-University) per event at Gerrard Hall or Historic Playmakers Theatre. Includes basic ticket set-up, ticket printing, and staffing by Memorial Hall Ticket Services staff during one event. Ticket Services Fee for Events without Carolina Performing Arts Box Office Staff: $45 (Student Organization), $85 (UNC Department), or $100 (non-University) per event at Gerrard Hall or Historic Playmakers Theatre. Includes basic ticket set-up and ticket printing for one event. Does NOT include Box Office staffing by Memorial Hall Ticket Services. NOT available for Memorial Hall. Exceptional Ticket Services Set-up Fee: $30 for each additional request above normal set-up charges per item including, but not limited to: o Promotional Codes o Pricing Changes o Set-up of additional sales reports o Request for buyer address information Ticket Commission: waived for Student Organizations 7% of gross ticket sales (including consignment tickets not returned) for UNC Departments 8% of gross ticket sales (including consignment tickets not returned) for all other users Credit Card Processing Fee: 5% of all credit card transactions processed by Memorial Hall Ticket Services or through the Carolina Performing Arts website, in addition to fees listed above Tax on Admission Charges: Currently 7.5% on admission charges (tickets sales) to motion pictures, films, live performances and other live events occurring in Orange County. All tickets sold to events in Memorial Hall, Gerrard Hall or Historic Playmakers Theatre shall be for even dollar amounts and inclusive of all applicable taxes. Applicable taxes shall be remitted as further described in Section 5.2. Taxes are subject to change without notice. Ticket Services Service Fee (This fee is charged directly to patrons purchasing tickets and will not be billed to User): $8 per order made over the phone or through the Memorial Hall website; waived for orders purchased in person at the Memorial Hall Box Office. This fee is subject to change without notice. Page 9 of 13 Valid for events July 1, 2015 – June 30, 2016. Concessions Guarantee: If Sugarland provides concessions and collects less than $400 in gross revenue, User will be responsible for paying the difference between the $400 guarantee and actual gross concession revenue collected as further described in Section 4.9. Any difference in the guarantee and actual revenue collected will be added to User’s final invoice. Room Clearing Fee (Gerrard Hall only): $100 to alter room setup from auditorium-style default, store chairs and return to standard setup Front of House Manager: Minimum two-hour charge per employee. $18/hr. for Student Organizations $20/hr. for UNC Departments $22/hr. for all other users House Staff (Ushers and Ticket Takers): Minimum two-hour charge per employee. $13/hr. for Student Organizations $14/hr. for UNC Departments $15/hr. for all other users UNC Police Officer (required for events in the Memorial Hall Beasley-Curtis Auditorium): $185 per event Additional Security: varies by need Housekeeping (charged only if the Memorial Hall Beasley-Curtis Auditorium and/or the Memorial Hall stage is used): $125 per event Supplemental Cleaning Charge: Will be added to User’s invoice if Owner determines extraordinary cleaning is required. THE SUPPLEMENTAL CLEANING CHARGE IF GLITTER IS USED IS A MINIMUM OF $700. Linen (Tablecloth) Rental: $5 each for white in standard sizes; prices for other colors and sizes vary Commission from Merchandise Sales: 20% of net sales; settlement will be at point of sale immediately following end of sales Concessions: Provided at the discretion of Sugarland and available at Memorial Hall only. Gross revenue guarantees may apply and may be added to User’s final invoice. Production Manager: Minimum two-hour charge per employee. $22/hr. for Student Organizations $25/hr. for UNC Departments $27/hr. for all other users Lighting/Sound Supervisor: Minimum two-hour charge per employee. $18/hr. for Student Organizations $20/hr. for UNC Departments $22/hr. for all other users Page 10 of 13 Valid for events July 1, 2015 – June 30, 2016. Technical Staff: Minimum two-hour charge per employee. $13/hr. for Student Organizations $14/hr. for UNC Departments $15/hr. for all other users Fire Watch Fee: Varies based on length of performance. Required for any performance involving smoke and/or haze. Steinway Concert Grand Piano Rental: $350 per day (available in Memorial Hall only) Upright Piano Rental: $200 per day (subject to availability) Memorial Hall Video/Power Point Projector: $150 per day for Student Organizations and UNC Departments $300 per day for all other users Memorial Hall Projection Screen: $50 per day for Student Organizations and UNC Departments $100 per day for all other users Gerrard Hall Video/Power Point Projector and Screen (requires User to provide a laptop with VGA output): $50 per day for Student Organizations and UNC Departments $100 per day for all other users Gerrard Hall Supplemental Sound System: $200 per day (Only required if in-room sound system is insufficient to meet User’s needs.) Stage Platform 4’x8’: $20 each per day for Student Organizations and UNC Departments $40 each per day for all other users Removable Stage Platform (8’ x 12’) (Gerrard Hall only) (optional) (includes rental and labor for setup/removal): $150 per day for Student Organizations and UNC Departments $225 per day for all other users Marley Style Dance Floor (Memorial Hall only): $50 per day for Student Organizations and UNC Departments $100 per day for all other users Wireless Lavaliere Microphone: $10 each per day for Student Organizations and UNC Departments $20 each per day for all other users Wireless Handheld Microphone: $5 each per day for Student Organizations and UNC Departments $10 each per day for all other users Podium: $20 per day for Student Organizations and UNC Departments $40 per day for all other users Page 11 of 13 Valid for events July 1, 2015 – June 30, 2016. Parking: $14 per space in the Hanes Lot (directly behind Memorial Hall). This charge is set by the UNC Department of Public Safety and is subject to change without notice. Additional parking charges, including parking monitors, vary and may be billed directly by UNC Public Safety. Outside Equipment Rentals: Will be arranged by Carolina Performing Arts staff with sufficient notice for cost plus a 5% administrative fee. Non-University Labor: Will be arranged by Carolina Performing Arts staff with sufficient notice for cost plus a 5% administrative fee. 7. Rights and Responsibilities of Owner 7.1 Staffing: Owner reserves the right to decide staffing needs for each performance and event. Staffing requirements will be specified upon request and also on the event cost estimate provided to the User prior to the event. 7.2 Safety: Owner reserves the sole right to make decisions regarding the production of this event in order to ensure patron safety. These decisions include house opening time, University Police coverage, seating issues, et cetera. These decisions are based on discussions with sponsoring organizations and, when applicable, with University Police and the Office of Health and Safety. 7.3 Access Rights for Carolina Performing Arts Staff: Owner, authorized employees and agents of Owner, and UNC Department of Public Safety personnel shall have free access at all times to all space permitted to be occupied by the User pursuant to this agreement. 7.4 Control of Personnel: Owner reserves the right at all times to control any and all employees, agents and contractors of the User, and the right to remove from the premises any and all such employees, agents or contractors of the User, and the right, with Owner’s employees and agents, including Owner’s security officers, to eject any objectionable person or persons from the building and premises; and in the event of the exercise of this authority, User hereby waives any and all claims for damages against The University of North Carolina at Chapel Hill and its employees and agents on account thereof. 7.5 Control of Management Functions: Management functions are the responsibility of the Owner. These functions include, but are not limited to, the following: (1) all facets of ticketing and ticket policies, including scaling, acquisition, distribution and sale and (2) all matters of staffing, building security and technical arrangements. 7.6 Parking, Crowd Control, Traffic Management and Building Security: Matters of parking, crowd control, traffic management and building security are the responsibility of the Owner subject to reimbursement by User as provided in Section 5. Carolina Performing Arts staff are able to reserve parking spaces in the Hanes Lot (behind Memorial Hall). Reservations are subject to availability. Additional costs apply. To reserve parking anywhere else on campus, please visit: www.dps.unc.edu/SpecEvent/eventassistance/requestparking/requestparking.cfm. Please note the Department of Public Safety generally will not reserve parking for events Monday – Friday prior to 5:00pm. For general parking information, please visit: www.carolinaperformingarts.org/visit/parking/. 7.7 Matters Not Expressed in this Agreement: All matters not expressly herein provided for shall be at the discretion of the Owner. Page 12 of 13 Valid for events July 1, 2015 – June 30, 2016. 8. Cancellation/Postponement 8.1 Cancellation by Owner: Owner shall have the right to cancel any event and/or rehearsal due to an emergency or perceived threat for any circumstance including, but not limited to, severely inclement weather, flood, facility condition, labor difficulties, civil tumult, strike, epidemic, acts or regulations of public or University authorities (including, without limitation, social distancing measures to limit the spread of contagious disease), interruption or delay of transportation service, utilities failure not due to Owner negligence, acts of God or war, terrorism, hazard to public safety, or any cause beyond the control of the User. Owner shall also have the right to cancel any event and/or rehearsal if an emergency, perceived threat or University adverse weather condition level affects preparation work necessary to hold the event or rehearsal. If The University of North Carolina at Chapel Hill is operating in “Condition 2” or “Condition 3” adverse weather status during the time that an event is scheduled to take place, then that event shall automatically be cancelled. For more information about the University’s adverse weather plans or to check for current condition level, please visit http://alertcarolina.unc.edu or call 919.962.8100. If Owner cancels an event due to an emergency, perceived threat or University adverse weather condition level, Owner shall not owe the User any compensation. In such a situation, User agrees to pay all expenses already incurred by Owner. 8.2 Cancellation by User: Cancellation of an event by the User shall not alleviate the User of expenses. In such a case, User agrees to forfeit any deposit and furthermore pay all expenses already incurred by Owner. In addition, if the event is cancelled within seven (7) days of the event, User will be responsible for paying the use fee listed on the first page of this agreement. 8.3 Rescheduling of Cancelled Events: In the event of cancellation by the Owner or the User, the event shall only be rescheduled by mutual agreement between the Owner and User. Neither Owner nor User is obligated to reschedule the event. IN WITNESS WHEREOF, the parties have duly executed this instrument, dated as of __________________, 20__. Contact Person’s Signature: _____________________________________________________ Date __________ Department Head, Business Manager or Student Organization Officer’s Signature: _____________________________________________________ Date __________ Signer’s Title: _______________________________________________________ Carolina Performing Arts Representative’s Signature: ________________________________ Date _________ Page 13 of 13 Valid for events July 1, 2015 – June 30, 2016.