theatre presentation agreement

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SAMPLE

THEATRE PRESENTATION AGREEMENT

Moulton Theatre/Laguna Playhouse

THIS THEATRE PRESENTATION AGREEMENT is being entered into effective [contract date] between THE LAGUNA PLAYHOUSE, a California nonprofit corporation located at 606 Laguna

Canyon Road, Laguna Beach California 92651 (PLAYHOUSE), and [ORGANIZATION name]

(ORGANIZATION) with reference to the following recitals and facts:

A) PLAYHOUSE is a League of Resident Theaters producer/presenter of live stage productions and the fully licensed operator and manager of the Moulton Theatre located in Laguna

Beach, California.

B) ORGANIZATION has acquired all requisite performance rights to the material it intends to present.

C) ORGANIZATION desires to present at the Moulton Theatre, a 420 seat theatre.

D) ORGANIZATON and PLAYHOUSE desire to enter into an agreement pursuant to which the

ORGANIZATION, utilizing the PLAYHOUSE's staff and providing its own staff as indicated herein will present a live concert (“Concert”). Based upon the foregoing facts,

Presenter and ORGANIZATION agree as follows:

1. PRODUCTION

PLAYHOUSE and ORGANIZATION agree that the production will rehearse, perform and be staged subject to all terms and conditions of this rental contract and in agreement with all existing agreements between PLAYHOUSE and the City of Laguna Beach (agreements on file in

PLAYHOUSE Business Office).

2. TERM OF AGREEMENT

The term of this theatre rental agreement will be effective immediately and will continue through

[load-out date]. The term hereof will not otherwise be extended or modified without the prior written consent of ORGANIZATION and PLAYHOUSE.

3. ACCESS

Notwithstanding paragraph 2, ORGANIZATION will not be entitled to occupy the Moulton

Theatre until [load-in date] , at which time ORGANIZATION will be entitled to occupy and use during certain mutually agreed upon hours the Moulton Theatre for the purpose of loading in, setting up, rehearsing, and staging. PLAYHOUSE will provide its staff in the Moulton throughout the day as described in paragraph 6. During the period of this agreement

ORGANIZATION will not interfere with other activities that may be occurring in the Moulton

Theatre. The striking, loading out and removal of all sets, and other property from the Moulton

Theatre will be completed no later than [load-out date] with the facility returned to its original condition and configuration.

SAMPLE a) To ensure that ORGANIZATION returns the Moulton Theatre to its original condition, ORGANIZATION must follow Strike Protocol (see Exhibit A). Failure to follow appropriate protocol will result in a charge equal to that of 150% of the time taken to complete breakdown and maintenance procedures as set forth. b) This rental agreement is based on an eight hour load in/tech workday and four hour performance/strike in a single day. Overtime costs for personnel will be incurred in accordance with Addendum A.

4. ORGANIZATION’S RESPONSIBILITIES

ORGANIZATION will furnish and deliver all of the following: a) A light plot, ground plan, and all other related technical information, along with rehearsal and technical schedules, no later than three weeks prior to the start of the load in. b) ORGANIZATION’S representative must present at all times ORGANIZATION occupies premises. c) All crew required for running and calling Concert, with the exception of one light board Operator and one sound board Operator. PLAYHOUSE will be entitled to prior approval of all persons in ORGANIZATION’S running crews. d) Payment to PLAYHOUSE for all PLAYHOUSE production personnel required for hang, focus, and strike of lighting and sound instruments and draperies, including

PLAYHOUSE light board and sound board operators. e) All sets, costumes, props, lighting and other materials to be used in the production of

Concert, and all costs incurred when building, transporting, setting up, and striking such elements. f) A copy for approval by the Marketing Director of all promotional materials using

“Moulton Theatre” or “Laguna Playhouse” prior to general release. g) All additional requisite artistic personnel, including but not limited to set, lighting, sound, and costume designers and stage manager.

5. PLAYHOUSE'S RESPONSIBILITIES

PLAYHOUSE will solely pay for, furnish, and deliver all of the following: a) Associate Production Manager, for up to 12 hours of rental prep and overseeing of technical needs as they affect the Moulton Theatre.

If ORGANIZATION requests Associate Production Manager to work beyond 12 hours, ORGANIZATION will be required to pay an additional service fee for such Associate Production

Manager’s overtime in accordance with the rate schedule attached hereto as

Addendum A. b) Box office services on the premises of the Moulton Theatre, subject to the restrictions described in paragraph 12 hereof, will be available beginning [on-sale date] for

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SAMPLE advance sales and on performance day to sell tickets to all scheduled performances of

Concert. c) House Manager for that day’s performance, plus volunteer ushers, subject to availability, who will administer the theatre and usher and seat patrons. House

Manager will also conduct a walk-through with all ORGANIZTION personnel at a mutually agreeable time around ORGANIZATION’s dress rehearsal on [load-in date]. d) Janitorial personnel who will maintain the Moulton Theatre in an orderly and clean condition according to the normal service required by PLAYHOUSE of that personnel. e) Lighting and Sound equipment packages designated by the Associate Production

Manager as available for use (see technical specific package – Exhibit B). f) Dressing rooms assigned on an as available basis and by need, to be determined by the Associate Production Manager. g) Shared use of the Green Room as available. h) Camera-ready artwork of PLAYHOUSE/Moulton Theatre logo for use in promotional materials only, which must be pre-approved by PLAYHOUSE

Marketing Director.

6. PERSONNEL

ORGANIZATION agrees to use the following personnel employed at all hours and times of occupancy of the facility: a) Facility personnel : Associate Production Manager or other representative so designated by the Playhouse must be present at all times that the Moulton Theatre is used by ORGANIZATION. Associate Production Manager is provided at the expense of the PLAYHOUSE for a maximum of 12 hours for the rental day. Board Operators are provided by the PLAYHOUSE and paid for by Presenter according to the rate schedule in Addendum A. If any personnel herein, with the exception of the

Associate Production Manager, are required to work beyond 8 hours per day,

ORGANIZATION will pay overtime in accordance with the rate schedule attached hereto as Addendum A.

Associate Production Manager will act as Stage Manager and Light Board

Operator.

b) Technical Personnel : ORGANIZATION agrees that only PLAYHOUSE approved personnel shall operate equipment owned or supplied by the PLAYHOUSE including, but not limited to, the light board, sound equipment, lighting instruments and spot lights, unless otherwise agreed to in writing by the PLAYHOUSE. If such personnel are supplied by PLAYHOUSE, PLAYHOUSE will be paid by

ORGANIZATION the appropriate fees for their service according the rate schedule attached hereto as Addendum A.

Required: One Sound Board Operator

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SAMPLE c) House Manager : House Manager must be present at all times that the theatre is open to the public along with reasonable setup and cleanup time.

7. APPROVED SCHEDULE

[schedule]

ORGANIZATION will make no modifications of this schedule without two week prior written approval of the PLAYHOUSE, and no performance or rehearsal of Concert will be presented outside of this schedule.

8. REPRESENTATIONS AND WARRANTIES OF ORGANIZATION

ORGANIZATION represents and warrants to PLAYHOUSE that: a) ORGANIZATION has acquired the appropriate performance rights and authorization for the staging of Concert on the Moulton stage during the term of this theatre rental agreement and will provide a copy of any appropriate licensing agreement or agreements if requested. b) ORGANIZATION will timely and fully pay all service fees and costs described in

Paragraph 4 and all royalties payable to any writers, composers, directors, designers, and choreographers.

9. INDEMNIFICATION BY ORGANIZATION

ORGANIZATION will indemnify and hold PLAYHOUSE harmless from and against all losses, costs, penalties, claims or causes of action incurred by PLAYHOUSE (actual or threatened), including all costs of arbitration or litigation and reasonable attorneys fees, arising out of any violation or failure of any of the representations or warranties made to PLAYHOUSE in paragraph 8 hereof.

10. PAYMENT TO CONTRACTORS AND CONCESSIONAIRES:

All charges for contractual labor, catering and other accounts payable to independent contractors and concessionaires must be paid in full unless the contractor or concessionaire specifically authorizes other arrangements for payment in writing. Payment for all PLAYHOUSE staff must be handled by the PLAYHOUSE's authorized payroll administrator.

11. BOX OFFICE/COMPLIMENTARY TICKETS

At all times during the term hereof, the box office staff, the box office hours and all ticket selling and revenue receiving operations thereof, will remain under the exclusive control and supervision of PLAYHOUSE; and ORGANIZATION will not interfere with any of the box office operations. However, the box office personnel will follow instructions of

ORGANIZATION regarding ticket prices, the allocation and distribution of press and complimentary tickets, and ticket trades, such instructions to be transmitted to box office staff via the Marketing Director. PLAYHOUSE will be entitled to receive two complimentary tickets to the performance.

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SAMPLE

PLAYHOUSE does charge a service fee to the ticket buyer for each ticket. This fee is charged for both cash and credit card purchases made over the phone or through the PLAYHOUSE website. The current price is $5.00 per ticket. All service fees are retained by the PLAYHOUSE.

12. PRESENTATION FEE TO PLAYHOUSE a) As compensation to PLAYHOUSE for the presentation services rendered pursuant to this agreement, ORGANIZATION will pay a fee to PLAYHOUSE in the amount of one thousand five hundred dollars ($1,500.00) plus applicable labor and materials.

Fee is payable as follows: i) Upon Signing: ii) 2 nd

Payment:

$375.00

$1,125.00 plus additional labor and materials

Approximate Total: $1741.50 b) A box office fee of $1.00 per ticket issued by PLAYHOUSE’s box office in connection with ORGANIZATION’S event. This fee will not apply to complimentary tickets.

ORGANIZATION acknowledges and agrees that the above “Upon Signing” amount represents a deposit that is non-refundable in the event ORGANIZATION fails to produce the event during the rental period specified in paragraphs 3 and 7 herein.

13. DISTRIBUTION OF GROSS REVENUE a) The term “gross revenue” as used in this agreement shall mean all receipts and revenue, from the sale of tickets to Concert from the Moulton Box Office, less commissions paid by PLAYHOUSE to independent contractors for automated or remote ticket sales, commissions for paid group, telemarketing and other sales, ticket stock costs, and fees paid by PLAYHOUSE for applicable credit card charges. b) In the event that said commissions and credit card fees are unable to be precisely determined on the performance, the PLAYHOUSE will make an estimate of these deductions for the gross revenue report. c) Within ten days of the performance of Concert, a box office report of ticket sales, will be available at the PLAYHOUSE prepared and signed by the box office manager. Daily House Management reports are available following each performance from the House Manager showing actual ticket stubs collected for that performance as well as any performance and house notes. At such time,

PLAYHOUSE will deliver to ORGANIZATION a signed weekly box office statement (compiled from the daily approved performance box office reports) reflecting the gross revenue from the performance and all deductions as prescribed in this paragraphs 6, 13 and 14, as applicable. All weekly gross revenue will be distributed in the following order of priority: i) All service fees, as defined in paragraph 5 hereof, incurred by

ORGANIZATION will be reimbursed to PLAYHOUSE. Additionally, prior to the start of Concert, PLAYHOUSE will be entitled to reimburse

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SAMPLE itself all out of pocket costs of Concert (approved by ORGANIZATION) as such costs are incurred from the advance box office receipts. ii) Immediately following the closing of the box office for the performance, there shall be determined and deducted from the gross receipts received from the sale of tickets all amounts due the PLAYHOUSE.

ORGANIZATION does hereby assign, transfer and set over from such receipts sufficient funds to pay the PLAYHOUSE such money as is due to

PLAYHOUSE pursuant to the terms of this contract. Should a subsequent audit reveal that ORGANIZATION owes additional sums to the

PLAYHOUSE, ORGANIZATION shall upon demand pay such additional sums to the PLAYHOUSE, or should said audit reveal that

ORGANIZATION has paid sums in excess of the amount actually due, the

PLAYHOUSE shall refund the excess to ORGANIZATION in the form of

"net adjusted ticket sales". The PLAYHOUSE will pay to the

ORGANIZATION that portion of net adjusted ticket sales as per this agreement no later then ten (10) working days following the final performance of said event as per this agreement. d) PLAYHOUSE will retain all audit stubs for the minimum amount of time required by law.

14. CONCESSION REVENUE

The gross revenue described in paragraph 13 hereof will not include any revenue derived from concessions or liquor sales at the Moulton Theatre, which revenue, if any, will be retained solely by PLAYHOUSE. However, if ORGANIZATION desires to sell souvenir items embracing a logo or theme of Concert within the Moulton Theatre, PLAYHOUSE will make available a suitable area for the sale of such items at a cost of twenty-five dollars ($25.00) per day provided, however, that ORGANIZATION furnishes to PLAYHOUSE a copy of ORGANIZATION’S valid California reseller’s permit at least forty-eight (48) hours prior to the commencement of all such sales. Additionally, ORGANIZATION may request that PLAYHOUSE sell such souvenir items through its concessions, in which case PLAYHOUSE will be entitled to a commission of twenty-five percent (25%) of all such sales after applicable sales taxes or thirty-five dollars

($35.00) per performance, whichever is greater. In either event, applicable sales tax will be collected on all such sales.

15. ADVANCES TO ORGANIZATION

ORGANIZATION will not be entitled to receive any advances or share of box office receipts prior to the staging of each performance.

16. PROGRAMS

A program should be provided by ORGANIZATION free of charge to each patron, which shall include the following: a) Dates, including year, of performance. b) The credit line at the top of the title page "The Laguna Playhouse Presents" with the

ORGANIZATION and title of Concert directly beneath.

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SAMPLE c) "Late arrivals will be seated at the discretion of the House Manager."

If space permits, ORGANIZATION agrees to include the following information in the program notes for the production: d) Personnel: Names of PLAYHOUSE staff and crew used by ORGANIZATION including the House Manager, the Associate Production Manager, Production

Manager, and Audio Engineer. e) Emergencies: "In the event of a fire or any other emergency, please follow the ushers' instructions. Exits are indicated by a green exit light, and ushers will direct you to the nearest exit.

Should you require immediate medical assistance please advise the closest usher or house manager available. The Laguna Playhouse and its volunteers and/or staff are not trained medical professionals and can only assist in dialing 911 on your behalf and cannot be held responsible for emergency medical services response times and actions. For emergencies, call the House Manager at (949) 497-2787 ext. 203 or locate the House Manager by dialing the lobby phone at (949) 494-9232. f) Photographs: “The taking of photographs or the operation of any recording device in the theatre is strictly forbidden. Please make sure cell phones, pagers, watch alarms and other electronic devices are turned off when you enter the theatre.” g) Smoking: "Smoking is permitted in the outdoor courtyard only.”

17. PROGRAM INSERTS

PLAYHOUSE reserves the right to insert program or promotional information in programs. In the event of no program being used, PLAYHOUSE reserves the right to distribute materials in the lobby areas or courtyard of the Moulton Theatre. There shall be no more than two inserts in any program.

18. PROMOTION & SIGNAGE a) PLAYHOUSE gives ORGANIZATION the right to display posters, photos, brochures, and information about their current and upcoming production. Such access will be provided on a space-available basis, may not interfere with the operation of PLAYHOUSE events, and is subject to the approval of both the

Marketing Director and the Associate Production Manager. b)

Subject to availability, PLAYHOUSE gives presenter the right to display up to a 3’ x

7’ outdoor banner on the exterior right-hand-side of the front entrance of the Moulton

Theatre walkway during the run of ORGANIZATION’S event. Please note this is a shared space for all upcoming events. Because of the unique specifications for production and installation, all banners must be produced and installed by

PLAYHOUSE with ORGANIZATION providing camera ready artwork to be submitted at least 2 weeks prior to desired and approved installation date. The cost for production and installation of each banner is four hundred dollars ($400) or more, and display is subject to approval by the City of Laguna Beach. Banner will include credit line at top, “The Laguna Playhouse Presents.”

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SAMPLE c) Subject to availability, PLAYHOUSE gives ORGANIZATION the right to display a

28.25” x 44.25” outdoor poster in the exterior glass case located at the entrance of the

Moulton Theatre walkway during the run of Concert. Please note this is a shared space for all upcoming events. Because of the unique specifications for production and installation all walk way posters must be produced and installed by the

PLAYHOUSE. ORGANIZATION agrees to provide camera ready artwork at least 2 weeks prior to desired and approved installation date. The cost for production and installation of each poster is two hundred and seventy-five dollars ($275) or more.

Poster will include credit line at top, “The Laguna Playhouse Presents.” d) PLAYHOUSE gives ORGANIZATION the right to insert a promotional one-sheet flier no larger than 5.5”x8.5” in PLAYHOUSE production programs preceding

ORGANIZATION’s event. ORGANIZATION promotional materials are subject to the approval of the Marketing Director. e) PLAYHOUSE gives ORGANIZATION the purchase advertising space in

PLAYHOUSE production programs preceding ORGANIZATION’s event.

ORGANIZATION promotional materials are subject to the approval of the Marketing

Director and print/design deadlines.

19. PARKING

Parking in the PLAYHOUSE parking lot for ORGANIZATION’S staff, cast and crew, and patrons is subject to availability and the current rules of the Laguna Playhouse at the time of this agreement, details to be provided upon request by the General Manager.

Parking in the PLAYHOUSE parking lot for patrons is provided under standard provisions by the PLAYHOUSE, subject to availability. The PLAYHOUSE will staff the parking lot and revenue if any will be retained by the PLAYHOUSE. The PLAYHOUSE does not have access to the parking lot from June through the end of August. During this time, patrons may choose to park, for a fee, in the city lot across the street from the PLAYHOUSE, subject to availability.

20. COOPERATION

ORGANIZATION and PLAYHOUSE will consult and cooperate with each other to enable an efficient and successful presentation of Concert and to minimize any interference by the rehearsal or staging of Concert with any other activities occurring within the Moulton Theatre.

21. DEFAULT a) If ORGANIZATION fails to timely and materially perform all of

ORGANIZATION’S obligations under the terms of this agreement, PLAYHOUSE will be entitled to immediately terminate this agreement, all of PLAYHOUSE's duties and obligations hereunder, all of ORGANIZATION’S rights and privileges hereunder, and all future scheduled activity and/or performances of Concert in the

Moulton Theatre.

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SAMPLE b) If PLAYHOUSE fails to timely and materially perform all of PLAYHOUSE's obligations under the terms of this agreement, ORGANIZATION will be entitled to immediately terminate this agreement, all of ORGANIZATION’S duties and obligations hereunder with the exception of fees and expense reimbursements already due to PLAYHOUSE by ORGANIZATION, all of PLAYHOUSE's rights and privileges hereunder, and all future scheduled activity and/or performances of

Concert in the Moulton Theatre.

No inadvertent failure by either party to comply with the terms of this agreement shall be construed as a material breach if the other party rectifies such breach within twenty-four (24) hours of written notice of such breach.

22. FORCE MAJEURE EVENT

During the term of this agreement, if the Moulton Theatre is destroyed or damaged by any cause, or if any event occurs, not within PLAYHOUSE's control, which prevents the Moulton from being utilized to rehearse or stage Concert, then this agreement will be terminated, all of

PLAYHOUSE's duties and obligations hereunder to ORGANIZATION will cease, all of

ORGANIZATION’S duties and obligations hereunder to PLAYHOUSE will cease, and

PLAYHOUSE will not be liable to ORGANIZATION for any damages, losses, penalties, costs or compensation arising out of such force majeure event.

23. MODIFICATIONS OR DAMAGE TO STAGE

ORGANIZATION will not modify or alter the Moulton stage or any facility within the Moulton

Theatre in any manner, or will not install or drive any nails, screws or hooks into any part of the facility or use tape on any floors, walls or draperies without the prior consent of PLAYHOUSE.

If ORGANIZATION, or any person or group working for ORGANIZATION damages or destroys the Moulton stage, any portion thereof, any facility within the Moulton Theatre, or any equipment or property belonging to PLAYHOUSE, ORGANIZATION will immediately pay to

PLAYHOUSE 150% of the full cost of repairing, restoring or replacing such damaged facility or property to the satisfaction of PLAYHOUSE.

24. LIENS

ORGANIZATION will timely and fully pay all construction, cartage and moving costs of building, transporting, or repairing any equipment or other property of ORGANIZATION; and will not cause any mechanics or other lien to be filed or attached against any portion of the

Moulton Theatre.

25. ORGANIZATION’S LIABILITY

Throughout the term of this agreement, ORGANIZATION will conduct all of its activity occurring within the Moulton Theatre in a careful and safe manner to eliminate danger to any person. In that regard, ORGANIZATION will be liable to PLAYHOUSE for any injuries or damage occurring to any person or firm by reason of any activity of ORGANIZATION occurring within the Moulton Theatre.

26. INSURANCE

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SAMPLE

Throughout the term of this theatre rental agreement, ORGANIZATION will maintain in force a public liability, property damage and personal injury insurance policy with limits of not less than

$1 million for each occurrence and with PLAYHOUSE named on such policy as an additional insured, as well as naming The PLAYHOUSE as named insured on the ORGANIZATION’s

Worker’s compensation Policy. The existence or liability limits of any such insurance policy will not operate to alter ORGANIZATION’S liability to PLAYHOUSE for any injuries or damage occurring to any person or firm as described in paragraph 26. PLAYHOUSE shall be provided with documentation of additional insured status no later than [one week prior to loadin] .

27. ASSIGNMENT OR SUBLETTING PROHIBITED

ORGANIZATION will not assign or transfer all or any portion of their rights hereunder to any other person, group or entity, without the prior written consent of PLAYHOUSE. Additionally,

ORGANIZATION will not sublet all or any portion of the Moulton Theatre or any of the facilities, equipment or property belonging to PLAYHOUSE. This agreement is being entered into by PLAYHOUSE with ORGANIZATION with PLAYHOUSE relying upon the principals of ORGANIZATION to properly carry out all of ORGANIZATION’s duties and obligations hereunder. If ORGANIZATION attempts to assign, transfer or sublet any of

ORGANIZATION’S rights hereunder to any other person, group or entity, without the prior written consent of PLAYHOUSE, such assignment, transfer or subletting will be automatically invalid and will further operate to automatically terminate this agreement and all of

ORGANIZATION’S right and privileges hereunder.

28. GOVERNMENT LAWS

ORGANIZATION and PLAYHOUSE agree and acknowledge that this agreement, and all provisions hereof, will be governed by the laws of the State of California applicable to agreements to be principally performed within such state.

29. NO INTENT TO FORM A JOINT VENTURE.

The relationship between PLAYHOUSE and ORGANIZATION hereunder shall in no way be construed as intending to create a partnership or joint venture, or to constitute PLAYHOUSE as an agent or employee to ORGANIZATION for any purpose, or to constitute ORGANIZATION as an agent or employee of PLAYHOUSE for any purpose, and neither party shall have the right or authority to bind the other.

30. ARBITRATION

Any and all disputes, claims for controversies arising out of, under or in connection with the agreement or the breach thereof shall be submitted to arbitration before a single arbitrator to be held in Orange County, California, under the rules and regulations of the American Arbitration

Association. Judgment upon the award rendered may be entered into any court, federal or state, having jurisdiction. The prevailing party in any arbitration or litigation proceeding will be entitled to recover all costs of such proceeding, including reasonable attorney’s fees.

31. INSOLVENCY/BANKRUPTCY

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SAMPLE

During the term hereof, if ORGANIZATION (i) files a petition for bankruptcy (voluntary or involuntary) under any provision of the Bankruptcy Act, (ii) makes an assignment for the benefit of general creditors, (iii) is declared, by any court or government agency to be insolvent, or (iv) admits to being insolvent; then PLAYHOUSE will have the right to immediately terminate this agreement, and all of ORGANIZATION’S rights and privileges hereunder.

32. COMPLETION OF AGREEMENT

This Agreement will be considered null and void if not completed and returned to PLAYHOUSE by [return-by date], along with a check made payable to The Laguna Playhouse for the amount specified in Paragraph 12 herein.

By:

Date

33. OTHER REPRESENTATIONS OR AGREEMENTS

This Agreement plus the attached addendums and exhibits contain the entire agreement between

ORGANIZATION and PLAYHOUSE regarding the rehearsal, production, and staging of

Concert, and supersedes all prior negotiations, understandings, and agreements (written or oral).

This Agreement may not be modified or altered except by a written agreement signed by both parties. Except as contained expressly in this Agreement, there are no other representations, warranties or guarantees made by either party which have induced either party to enter into this

Agreement or which either party can assert to rely upon in performing any duties or obligations hereunder.

ORGANIZATION and PLAYHOUSE have indicated their full agreement with all of the terms and provisions of this Agreement by signing in the respective spaces below.

[ORGANIZATION NAME] For THE LAGUNA PLAYHOUSE

Karen Wood, Executive Director

Date

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SAMPLE

ADDENDUM (A) TO DAILY THEATRE PRESENTATION AGREEMENT ENTERED INTO

BETWEEN THE LAGUNA PLAYHOUSE AND [ORGANIZATION NAME]

(ORGANIZATION) DATED [contract date] .

Overhire and overtime costs will be solely authorized by the ORGANIZATION and/or by the

ORGANIZATION’S representative. All calls for personnel are based on a 4-hour minimum.

To approve overtime charges, the ORGANIZATION must provide such approval in writing to

General Manager or Production Manager. If, in the case of unforeseen or extenuating circumstances, the ORGANIZATION may request up to 2 hours of overtime per individual without 12 hours advance notice. PLAYHOUSE’s representative has authority to request that the ORGANIZATION and company cease action and leave the building following such unauthorized hours.

A) Overtime rate for the Associate Production Manager is $60.00 per hour above 8 hours in one day, and $80 per hour over 8 hours and up to 12 hours in one day.

B) Overtime rate for the House Manager is $ 28.50 per hour over 8 hours and up to 12 hours in any one day, and $ 38.00 per hour above 12 hours in one day.

C) Regular rate for Board Operators is $23.00 per hour up to 8 hours. Overtime rate for Board

Operators is $34.50 per hour over 8 hours and up to 12 hours in any one day, and $46.00 per hour above 12 hours in one day.

D) PLAYHOUSE personnel required for back stage/running crew, or breakdown and maintenance will be paid for by presenter at the rate of $17.00 per hour up to 8 hours in any one day. Overtime rate is $25.50 per hour over 8 hours and up to 12 hours in any one day and $34.00 per hour above 12 hours in one day

E) PLAYHOUSE personnel required for hang and focus, deck personnel, or breakdown and maintenance will be paid for by ORGANIZATON to PLAYHOUSE at the rate of $18.00 per hour up to 8 hours in any one day. All calls for personnel are based on a 4-hour minimum.

Overtime rate is $27.00 per hour over 8 hours and up to 12 hours in any one-day and $36.00 per hour above 12 hours in any one-day. The rate for the Lighting Supervisor, Sound

Supervisor, Master Electrician and Audio Master is $23.00 per hour up to 8 hours in any one day. Overtime rate is $34.50 per hour over 8 hours and up to 12 hours in any one-day, and

$46.00 per hour above 12 hours in one day.

F) PLAYHOUSE personnel required for additional Ticket Reps for advance ticket and performance day sales in the Box Office will be paid for by ORGANIZATION to

PLAYHOUSE at the rate of $14.00 per hour up to 8 hours in any one day, or up to 40 hours in any one week.

Overtime rate is $16.50 per hour over 8 hours and up to 12 hours in any one-day or 40 hours in any one week, and $22.00 per hour above 12 hours in any one-day. The rate for Ticket

Office Manager is $20.00 per hour up to 8 hours in any one day, or up to 40 hours in any one-week. Overtime rate is $30.00 over 8 hours and up to 12 hours in any one-day or 40 hours in any one work week, and $40.00 per hour above 12 hours in one day.

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SAMPLE

G)

PLAYHOUSE personnel required for the use and maintenance of Playhouse’s laundry facilities will be paid for by ORGANIZATION to PLAYHOUSE at the rate of $17.00 per hour up to 8 hours in any one day. All calls for personnel are based on a 4-hour minimum.

Overtime rate is $25.50 per hour over 8 hours and up to 12 hours in any one-day, and $34.00 per hour above 12 hours in any one-day. The rate for Wardrobe Supervisor is $23.00 per hour up to 8 hours in any one day. Overtime rate is $34.50 over 8 hours and up to 12 hours in any one-day, and $46.00 per hour above 12 hours in one day.

H) No personnel may work more than 6 days in any week. All calls for personnel are based on a

4-hour minimum.

I) Any event with a performance end time of 11:30PM or later will automatically incur a charge equal to one (1) overtime hour for all personnel specified in Paragraph 6 herein and at the prevailing overtime wage rates specified in this Addendum A. Further, PLAYHOUSE reserves the right to require ORGANIZATION to adjust its event start time so as to eliminate and/or minimize personnel work periods that extend beyond 12:00 Midnight.

All personnel costs are reimbursable to PLAYHOUSE by ORGANIZATION and will be deducted from box office revenues with any overages within 5 business days upon receipt.

AGREED TO AND ACCEPTED:

[ORGANIZATION NAME] For THE LAGUNA PLAYHOUSE

By: Karen Wood, Executive Director

Date Date

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SAMPLE

ADDENDUM (B) TO DAILY THEATRE PRESENTATION AGREEMENT ENTERED INTO

BETWEEN THE LAGUNA PLAYHOUSE AND [ORGANIZATION NAME]

(ORGANIZATION) DATED [contract date] .

HOUSE RULES

ORGANIZATION will timely and completely comply, and will cause all of their employees, staff and agents and patrons to comply, with all of the following house rules:

1.

If the start of any performance of Concert is delayed for longer than thirty minutes or cancelled for any reason caused by ORGANIZATION, ORGANIZATION will pay to

PLAYHOUSE all costs incurred in issuing refunds to ticket holders of such delayed or canceled performance.

2.

ORGANIZATION will not drive any vehicle onto or into the Moulton Theatre courtyard area without the prior consent of the General Manager.

3.

ORGANIZATION will not bring onto or into the Moulton Theatre any explosive, weapons, fireworks, flammable material or fire, without the prior consent of the

General Manager, proper permits, and the prior approval of the City of Laguna Beach

Fire Marshall.

4.

ORGANIZATION will not post or exhibit any sign, poster, show bill, photograph or advertisement other than PLAYHOUSE announcements of Concert anywhere on the

Moulton Theatre, unless and until the content and the location of posting or exhibit of such material is first approved by the Marketing Director.

5.

No equipment, facilities, or property belonging to PLAYHOUSE may be removed from the Moulton Theatre.

6.

Smoking is prohibited throughout the Moulton Theatre.

7.

No food or beverages of any sort will be sold in the Moulton Theatre by

ORGANIZATION nor given away except in connection with an authorized pre- or post-show reception. Further, no food or beverage will be brought into the Moulton

Theatre for personnel consumption without the prior consent of the Associate

Production Manager, and is permitted in the green room only.

8.

ORGANIZATION is granted use and access to the Moulton lobby areas for the sole purpose of patron access and intermission relaxation. However, PLAYHOUSE will give good faith consideration to requests by ORGANIZATION to exhibit materials that promote the event, ORGANIZATION, and/or causes, other organization, and/or themes relevant to the event. All such displays will be strictly limited in size and scope. PLAYHOUSE will have the final decision concerning all such displays.

9.

A PLAYHOUSE employee must be present at all times of production activity.

10.

Doors to the theatre lobby will open thirty minutes prior to curtain. The House

Manager will inform the Stage Manager when it is appropriate to begin the performance.

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SAMPLE

11.

Guests are not permitted in the backstage areas at any time. ORGANIZATION will supply PLAYHOUSE with a list of staff and guests that may be expected in the theatre at any time.

12.

Use of the Moulton Theatre loading dock is restricted to the loading and unloading of equipment, sets, props, or other similar production material. Parking is not permitted in the dock.

13.

If smoke, fog, strobe light special effects or firearms are used in the production,

ORGANIZATION will put notification of use of said effects in the program and in a sign to be prominently displayed in the lobby.

By:

Date

14.

All technical personnel must be provided with a one-half hour unpaid meal break in any eight hour period of work.

15.

Large appliances (refrigerators, microwave ovens) are not permitted in the dressing rooms without prior consent by the Associate Production Manager. Space heaters are not permitted.

16.

After a performance, all personnel must be out of the theatre no later than 30 minutes after curtain down or ORGANIZATION will be subject to overtime charges.

17.

All persons entering the theatre, excluding persons directly involved in the actual performance, must have a ticket.

18.

No spray painting will be allowed in the Moulton Theatre.

19.

All rigging must be pre-approved by the Associate Production Manager or personnel designated by PLAYHOUSE.

20.

ORGANIZATION is responsible for daily up-keep of stage and back stage areas and assigned dressing rooms.

21.

Any changes in the tech and/or performance schedule must be given in writing and approved by the Associate Production Manager.

AGREED TO AND ACCEPTED:

[ORGANIZATION NAME] For THE LAGUNA PLAYHOUSE

Karen Wood, Executive Director

Date

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SAMPLE

ADDENDUM (C) TO DAILY THEATRE PRESENTATION AGREEMENT ENTERED INTO

BETWEEN THE LAGUNA PLAYHOUSE AND [ORGANIZATION NAME]

(ORGANIZATION) DATED [contract date] .

ORGANIZATION INFORMATION (to be completed by ORGANIZATION with additional sheets if necessary for more than one principal party.)

COMPANY NAME: [ORGANIZATION NAME]

D.B.A /A.K.A.

COMPANY ADDRESS:

COMPANY TELEPHONE

PRINCIPAL PARTY:

HOME ADDRESS:

HOME TELEPHONE:

SOCIAL SECURITY NUMBER

FEDERAL TAX ID NUMBER

CHECKING ACCT. NUMBER

BANK NAME AND BRANCH

ORGANIZATION HEREBY WARRANTS THAT THE ABOVE INFORMATION IS

CORRECT AND TRUE AND GRANTS LAGUNA PLAYHOUSE AUTHORIZATION TO

CONFIRM ABOVE INFORMATION.

AGREED TO AND ACCEPTED:

[ORGANIZATION NAME]

By:

Date

For THE LAGUNA PLAYHOUSE

Karen Wood, Executive Director

Date

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SAMPLE

EXHIBIT (A) TO PRESENTING AGREEMENT ENTERED INTO BETWEEN THE

LAGUNA PLAYHOUSE AND [ORGANIZATION NAME] (ORGANIZATION) DATED

[contract date] .

STRIKE PROTOCOL

The ORGANIZATION agrees to follow Strike Protocol in order to restore the Moulton Theatre to its original condition:

1.

All sets, props, costumes, and any other items brought into the Moulton Theatre by

ORGANIZATION shall be loaded out by [load-out time] , [load-out date] .

2.

All spike tape, signage, prop markings, etc. removed.

3.

Stage deck and back stage areas removed of debris and swept.

4.

All ORGANIZATION’s audio equipment, musical instruments, and miscellaneous sound equipment loaded out.

5.

All dressing rooms will be left in the manner in which they were found.

6.

Green Room cleaned, including dishes washed and the refrigerator cleared.

7.

Sound and Light booths cleared of ORGANIZATION’S equipment.

8.

All equipment rented from the PLAYHOUSE returned to the Associate Production

Manager.

If on [load-out date] the Moulton Theatre stage deck is not in its original color and condition ORGANIZATION agrees to repaint at the request of the PLAYHOUSE.

[ORGANIZATION NAME] For THE LAGUNA PLAYHOUSE

By:

Date

Karen Wood, Executive Director

Date

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SAMPLE

EXHIBIT (B) TO DAILY THEATRE PRESENTAION AGREEMENT ENTERED INTO

BETWEEN THE LAGUNA PLAYHOUSE AND [ORGANIZATION NAME] DATED

[contract date] .

TECHNICAL SPECIFIC PACKAGE PROVIDED, SUBJECT TO AVAILABILITY:

Included in package: 1 self-amplified podium

Required 4 monitors (2 front & 2 side)

SOUND INVENTORY - RENTALS

# DESCRIPTION OF INCLUDED ITEMS

1 Mackie 24-4 VLZ pro (20x4x2) (Mixing console)

1 Sony MDS E-12 MDR (Minidisc)

1 Denon DN 770R (Dual well cassette)

1 Denon DN 2000F (Dual CD player)

1 Technics SI-1200 MK2 (Turntable)

1 Alesis MidiVerb II (Reverb)

2 Shure M267 (Microphone sub-mixer)

3 EAW AS 300 (Main speaker array)

3 EAW UB 82e (Balcony speaker array)

3 Symetrix 402 (Dual Output Delay)

3 QSC MX 1500a (Speaker amps)

2 QSC PLX 1202 (Additional amps)

2 Radian RCX 122P-V15" w/tripods (Additional speakers)

2 Ramsa WS - A80 w/lean back stands (Additional speakers)

2 Shure SM-57 dynamic instrument microphone

7 Shure SM-58 dynamic vocal microphone

2 Electro-Voice 1776 condenser vocal microphone

13 Micrphone stands (various)

23 Microphone cables - 75', 50', 35' and 25' lengths

4 Por-Co DB-1 passive DI (Direct box)

2 Whirlwind Director passive DI (Direct box)

1 Sennheiser Infra-red Emitter (Hearing impaired system)

25 Sennheiser Infra-red headphones (Hearing impaired system)

1 Backstage monitor system

1 Clear Com PS 451 Power Supply (Intercom system)

5 Clear Com belt packs/headset (Intercom system)

4

As needed

As needed

1

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SAMPLE

2 Clear Com Handset (Phone) units (Intercom system)

1 Low light video camera in center of balcony rail (Video monitoring)

3 Black and white video monitors (Control Booth & SL/SR)

# ADDITIONAL OPTIONAL ITEMS AVAILABLE TO RENT

1 Yamaha LS9-32 Digital Mixing Console (32x16x21)

1 Mackie 1604 w/XLR 10 & Rotopod (16x2)

1 QLAB v1.3.5 or SFX v6 Channel rig (Playback)

2 Sony MDS E-12 MDR (MiniDisc)

1 OTARI MR-30 MDE w/quick start kit. (MiniDisc)

1 TC Electonics Fireworx (Reverb)

1 Behringer Composer, 2 Ch Compressor/Limiter

1 Rand ME60 1/3 Octave Graphic EQ

1 Biamp EQ-120 10 Band Graphic EQ

1 QSC-1080 (amplifier)

2 Ramsa WS - 80A w/lean back stands (Speakers)

2 EAW FR 250z dual 15" (Push-pull) Subwoofer

1 Ashly XR-1001 2-way stereo, 3 way mono crossover

1 QSC PLX 3402

2 Shure 55SH SeriesII classic microphone

2 Audio-Technica AT3035 condenser microphone

3 Audio-Technica AT871R Uni-point microphone

1 Audio-Technica AT871A Uni-point microphone

4 AKG 451preamps for CK-1 capsule/CK-9 "shotgun" microphone

8 UHF Shure U1 wireless microphone

8 Shure transmitter (Belt mount) WL93 Lavalier (black or white)

1 Shure transmitter SM58 element (Hand held)

1 Telex 3 channel wireless intercom base station

4 Telex wireless belt pack/headset unit

Yamaha LS9-32 requires a programmer @ $30 per hr (min 4 hrs)

Lavalier elements are a $300 per unit replacable item, if damaged

Rental cost does not include installation labor charges

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RENTAL FEES

$200/week

$100/week

$100/week

$50/unit/week

$50/week

$25/week

$35/week

$25/week

$25/week

$30/week

$25/unit/week

$75/week

$30/week

$30/week

$25/unit/week

$25/unit/week

$25/unit/week

$25/unit/week

$25/unit/week

$40/unit/week

Included

No Charge

Included

$50/unit/week

SAMPLE

TECHNICAL SPECIFIC PACKAGE PROVIDED, SUBJECT TO AVAILABILITY:

LIGHTING INVENTORY

# DESCRIPTION: included in package subject to availability

37 36 Deg Source Four

44 26 Deg Source Four

40 19 Deg Source Four

32 8" Fresnel 1K

12 6" Fresnel 1K

14 Par 64 MFL

4 MR 16 Mini Strips, 6'5"

5 T-3 Strips (3 ckts@1500W/Ckt-flr mount only - 6' 7")

2 6" Barndoors

5 8" Barndoors

7 6" Tophats

4 8" Tophats

1 ETC Express Computer Light Board

ADDITIONAL OPTIONAL ITEMS AVAILABLE TO RENT

# DESCRIPTION

5 VL 1000TS Luminaire

8 Coloram Scrollers (mounting plates 6.25" or 10")

8 A-B-C Color Strings (colors available on request)

4 Altman Sky Cyc - 1K 3 Cell

8 Strand Far Cyc - 1K 3 Cell

4 Twin Spins

12 S-4 Drop-in Iris

4 Rosco I-Q Mirrors

1 External dimmer pack - 12 dimmers

Programmer for VL1000 = $25 per hour minimum 4 hours

Rental cost does not include installation labor charges

RENTAL fee

$75/unit/day + programmer

$50/unit/week

$20/unit/week

$25/unit/week

$25/unit/week

$30/unit/week

$5/unit/week

$30/unit/week

$75/unit/week

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