Hattiesburg Saenger Theater User Policies and Procedures
TABLE OF CONTENTS
LESSEE’S
REPRESENTATIVE - At
the time of execution of this agreement, the lessee shall furnish to the
Saenger the name, address and telephone number of its designated
representative. Said
representative shall be the sole person authorized to negotiate with theater
staff. Said representative must be
present at all performances and will be the sole person authorized to resolve
problems and conflicts concerning the facility rental or to negotiate any
alterations in performance procedure with the Saenger staff.
Said representative will be fully authorized to act for and execute
documents on behalf of the lessee.
RETURN
OF CONTRACT - Dates requested by Lessee are not considered firm
until the Saenger approves the event and Lessee returns a signed contract
accompanied with the deposit. Should
Lessee cancel an event covered by a contract, no deposit refunds will be made,
and Lessee agrees to also pay any reimbursable expenses that were incurred by
the Saenger in connection with the event covered in this contract.
The
lessee shall provide the Saenger, not less than twenty (20) days prior to the
first scheduled occupancy of the Facility, with a full and detailed outline of
show requirements, building occupancy schedule, including all stage, lighting,
sound and hall requirements and such other information as may be appropriate
for the event to be presented.
COMPLIANCE
WITH LAWS AND REGULATIONS - Lessee agrees that it will comply
with all laws, ordinances and regulations of the United States, the State of
Mississippi, the County of Forrest and the City of Hattiesburg and all rules
and requirements of the policies and fire departments, or other municipal
authorities of the City of Hattiesburg, and with all regulations adopted by
the Saenger for the government and management of the Saenger and will obtain
and pay for all necessary permits and licenses and will not do, nor suffer to
be done, anything on said premises during the term of the agreement in
violation of any such laws, ordinances, rules, regulations or requirements,
and if the attention of said Lessee is called to any such violation on the
part of the said Lessee or any person employed by or admitted to the said
premises by said Lessee, said Lessee will immediately desist and correct such
violations.
The
Lessee shall be responsible for acquiring and shall pay the costs of any and
all licenses, excises, permits and taxes including copyright fees required by
authorities having jurisdiction over the Saenger.
The Saenger reserves the right to require proof of permits prior to
event.
INSURANCE
- Lessee hereby agrees to obtain at its own expense and to keep in full force
and effect during the use or occupancy of the Authorized Areas pursuant to
this Agreement, including move-in and move-out periods, the following
insurance coverages. All policies
shall be issued by companies licensed to do business in the State of
Mississippi and having at least an
AVIII rating in the current Best’s Manual.
All such policies of insurance, with the exception of Workers
Compensation, shall be endorsed to be primary of all other valid and
collectible coverages maintained by the Saenger Theater, the Hattiesburg
Convention Commission and the City of Hattiesburg, Mississippi, as respects of
their activity at the Saenger. All
applicable policies will be written on an occurrence basis.
Claims made policies are not acceptable and do not constitute
compliance with Lessee s obligations under this paragraph.
(a)
Comprehensive General Liability - Said coverage shall have limits of not less
than $1,000,000 each occurrence combined single limit for bodily injury and
property damage, including coverages for personal injury, contractual
liability, operation of mobile equipment, products/completed operations.
The contractual liability coverage shall be specifically endorsed to
cover this Agreement and specifically mention coverage for the indemnification
found in Section 4 of this Agreement.
(b)
Workers Compensation - Coverage
shall comply with all State and Federal requirements and will be in the
statutory required limits. All
employees of the Lessee must be covered by Workers
Compensation.
(c)
Employer s Liability Insurance - Coverage shall be placed with limits not less
than $1,000,000 per incident.
(d)
Automobile Liability - Coverage shall be acquired for all owned, non-owned,
hired, and leased vehicles of Lessee, including the loading and unloading
thereof. Limits of not less than
$1,000,000 each occurrence combined single limit for bodily injury and
property damage shall be maintained.
Lessee
shall name as additional insured, the Saenger Theater, the City of
Hattiesburg, Mississippi, their officers, directors, agents and employees.
Lessee shall furnish to the Saenger at least twenty (20) days prior to
commencement of occupancy of Facility certificate(s) of insurance as evidence
that the required coverage is in effect. Should
Lessee fail to provide such certificate(s) as required by this Agreement, the
Saenger may, but shall not be obligated to, obtain said policies of insurance
at Lessees expense, or the Saenger may cancel the Event(s) without penalty to
the Saenger. All insurance as
required by this Agreement must carry a mandatory thirty (30) day notice of
cancellation.
RISK
OF LOSS - Saenger assumes no responsibility whatsoever for any
property placed on the premises and is hereby expressly released and
discharged from any and all liabilities for any loss, injury, or damages to
person or property that may be sustained by reason of the occupancy of said
premises under this agreement; and all watchmen or other protective services
desired by Lessee must be arranged for by special agreement with the
Management of the Saenger Theater.
INDEMNIFICATION
- Lessee agrees to indemnify, hold harmless and defend the Saenger and the
City of Hattiesburg, Mississippi, their officers, directors, agents, servants
and employees (“Indemnities”) from and against all liabilities, damages,
actions, costs, losses, claims, and expenses (including attorney’s fees), on
account of personal injury, death to or loss of property or profits arising
out of or resulting, in whole or in part, from any act, omission, negligence,
fault or violation of law or ordinance of permission of Lessee.
Such indemnification by Lessee shall apply unless such damage or injury
results solely from the negligence, gross negligence or willful misconduct of
the Saenger Theater and/or it’s agents.
BOX
OFFICE REGULATIONS -
General
Provisions - Unless otherwise arranged in advance, the Saenger Box Office
shall be the primary outlet for tickets of the Lessee’s event.
Lessee shall use hard tickets and the Saenger Box Office shall retain
control of ticket inventory and shall be accountable for ticket receipts.
Any tickets released by the Saenger Box Office for sale or distribution
at any other location, shall be released on consignment to the Lessee.
Saenger Theater ticket sales will occur from 9:00AM until 5:00PM on
weekdays and may utilize the Convention Center Box Office in lieu of opening
the Saenger Theater. Clients
desiring specific hours of tickets sales not identified herein, may request
the same at rates listed on the accompanying rate sheet.
The Saenger Theater Box Office will open two hours prior to the event
through the first intermission for all evening and matinee performances.
For performances with no intermission, the Saenger Theater Box Office
will remain open until one-half hour after the start of the performance.
The Saenger reserves the right to alter these hours for holidays or
other reasons. The Lessee may
request to have the Box Office open during the day prior to a Saturday, Sunday
or holiday evening performance, or for any additional or extended hours for an
additional per hour charge. Access
to the Saenger Box Office is restricted to authorized personnel only.
a.
TICKETED EVENTS -Tickets for all events shall be sold through the Box
Office and it’s duly authorized agents unless approved in advance by the
Manager. Lessee agrees to pay
$1.00 historic renovation fee per ticket distributed excluding complimentary
tickets provided to the House. All
tickets should go on sale no less than two weeks prior to the first scheduled
performance. It shall be the
responsibility of the Lessee to arrange a meeting with the Saenger’s Manager
in advance of any public ticket sales or announcement of such sales to make
known all requirements. Tickets
may be ordered by the Saenger or the Lessee.
If Lessee orders tickets, all tickets and a manifest must be turned
over to the Saenger Box Office prior to the sale of any tickets. The
Lessee must advise the Saenger Box Office Manager in advance of any plan to
offer discounted and/or complimentary tickets.
Information about reducing the price of tickets must include the
precise amount of discount to be allowed, the precise number of tickets to be
discounted, and specific seats involved. In
addition, any printed material advertising discounted prices must clearly
state conditions for receiving such discount.
Any such discounts will be reflected in the final settlement between
the Lessee and the Saenger. When
tickets are being sold in locations other than the Saenger Theater Box Office
and/or the
Lake
Terrace
Convention Center
, a list of ticket sales locations must be presented to the Box Office
Manager.
Sale
of tickets shall not begin until
Lessee has supplied the Box Office with a copy of the contracts and riders of
the groups represented by the Lessee.
b.
CREDIT CARD PURCHASES - The Saenger accepts ticket orders during
regular business hours from patrons using American Express, MasterCard, and
Visa. The Saenger will bill the
Lessee for the ticket amounts as well as a 3% credit card service charge.
The Box Office reserves the right to accept cash only from patrons on
the first day of sale and on the day of the performance.
Checks are not accepted.
c.
TICKET REPRESENTATIVE - The Lessee will furnish the Saenger with the
name, address, and phone number of the Lessee’s Ticket Representative.
Said Ticket Representative will then be the sole person authorized to
deal with Box Office personnel and to observe performance audits.
The Ticket Representative must be in or near the Box Office to resolve
last minute ticket problems 1 hour before the performance and ½ hour after
curtain. If the Lessee must change
its Ticket Representative, the Saenger must receive notification of such
changes eight (8) hours in advance of ticket sales.
e.
NIGHT OF PERFORMANCE - If Tickets are sold on the night of the
performance, the Box Office will open two (2) hours prior to performance time.
Box Office personnel will be scheduled at the discretion of the
Manager. A
Box Office audit will be taken of each performance.
The Lessee’s Ticket Representative and a representative of the
performing attraction may observe the audit if desired.
If the Ticket Representative is not present, the Lessee agrees to
accept the Box Office performance audit as presented by the Saenger.
Performance audits will be based on system reports, unsold tickets and
actual cash on hand. The Box
Office performance audit does not necessarily indicate actual attendance.
For such information, a torn ticket count will be made, if requested.
f.
TICKET CONSIGNMENT - The Lessee may pull any number of tickets from the
Box Office at any time provided that both Box Office and the Lessee note all
pulled tickets. Pulled tickets may
be returned at any time during regular Box Office hours to be placed on public
sale. All tickets released by the
Saenger Box Office to the Lessee for sale elsewhere shall be subject to the
same per ticket service charges in effect at the Saenger’s Box Office.
It shall be the responsibility of the Lessee or the Lessee’s agents
to bill said service charge to patrons.
g.
FUND LIABILITY - While every attempt shall be made by the Box Office staff to
ascertain the validity of charge cards Lessee/Promoter shall assume all
liability for credit card charges returned.
Any
ticket agency fees incurred through the sale of tickets at outlets other than
the Saenger Theater Box Office will be borne entirely by the Lessee.
h.
CANCELLED EVENTS/PERFORMANCES - In the event that an event/performance is
cancelled, the following ticket refund policies shall take place:
1.
Refunds shall not take place until the Management has had a chance to
reconcile the number of tickets sold, distributed, verify outstanding checks,
etc. (This will usually take two to three working days.)
2.
Refund
and Exchange of Ticket Revenue - The Saenger reserves the right to refund
tickets for just cause, including, but not limited to, seats blocked by
equipment when exchange for comparable or better location is not possible,
failure of equipment or failure of an act to show or go on stage within a
reasonable time. In case of
cancellation, the Lessee must instruct the ticket purchasers to return to the
place of purchase for refunds on tickets.
If there is any questions whether a ticket was discounted or not, the
Box Office will make the determination concerning the amount refunded.
Refunds will commence on a normal business day, as advertised by the Lessee,
through the news media.
3.
There shall be a box office settlement for charges incurred in the set
up, printing, and refunding of tickets. The
Lessee will be invoiced and shall pay this fee.
I.
COMPLIMENTARY HOUSE TICKETS - The
Saenger reserves the right to monitor the use, number and distribution of
complimentary tickets by the Lessee, and to use at its discretion ten (10)
complimentary tickets for seat relocations. The
following tickets should be provided for this purpose; first floor: N13, N15,
N14, N16, N18, N20; second floor: D133, D131, D129, D127.
Complimentary House tickets must be in the possession of the Saenger
Manager not less than 2 weeks before the scheduled performance.
Complimentary tickets shall be held by Saenger Management and released
for public sale only at the discretion of Saenger management immediately prior
to curtain time.
j.
ADA
COMPLIANT SEAT LOCATIONS - The following theater seat locations are
ADA
compliant - wheel chair locations: G24, G25, G26, G27, N11, N9, N10 and N12 .
In accordance to American
With Disabilities Act the
following are wheel chair companion locations: G21, G22,G23, G24, N7, N10, N13
and N14. These tickets must be
provided to Saenger Box Office and sold in conjunction to wheelchair
locations. If not utilized, these
seats may be released for sale one hour prior to show time.
RECEIPTS
- Immediately after the closing of the Box Office for each daily event, there
shall be determined and deducted from the receipts received from the sale of
tickets all amounts due Saenger. Lessee
does hereby assign, transfer and set over from any such receipts sufficient
funds to pay Saenger such money as is due to it pursuant to the terms of the
agreement. Lessee authorizes the Box
Office Manager to deliver any sums determined to be due Saenger to the Manager.
Should a subsequent audit reveal that the Lessee owes an additional sum
to the Saenger, Lessee shall upon demand pay such additional sum to Saenger, or
should said audit reveal that the Lessee has paid Saenger in excess of the
amount actually due, Saenger shall refund the excess to the Lessee.
Lessee shall be notified immediately following the termination of the
agreement of any sums due Saenger, and the amount shall be paid within ten days
of the termination of the agreement. Any
amount due Lessee shall be paid by Saenger within ten days of the termination of
this agreement. The
Lessee is responsible for collecting City, County, and State Sales and License
Tax on public admissions and sales at the Saenger. For additional information
concerning sales tax, please contact the Saenger Manager.
SEATING
CAPACITY - Persons will not be permitted inside the Saenger
Theater in excess of the established seating capacity of 997.
Seating consist of 989 fix seats and (8) eight wheel chair locations.
ACCESS
RIGHTS - Lessee will have the right of entry at the time
specified in the contract, not before. If
additional time blocks are needed, they may or may not be granted depending on
availability. Additional time will
be charged at the rate of $15 per hour in one hour minimums.
All scenery, equipment and other property belonging to the Lessee or his
agents must be removed from the premises prior to the termination of the
contracted period of time period unless prior written approval from the
Management is obtained. In
permitting the use of the Authorized Areas to the Lessee, the Facility does not
relinquish and does hereby retain the right to enforce all rules for the
management and operations of such space. Representatives
of the Facility shall at all reasonable times have the right to enter into
Authorized Areas without providing notice to the Lessee.
All Saenger property shall at all times be subject to the Facility’s
right to control. It is the
policy of the Saenger Theater to open the auditorium for patron seating one hour
prior to the event for seating. This
may be modified at the discretion of the Manager due to inclement weather.
CONCURRENT
USE - The Saenger is divided into two distinctive rentable areas.
The Auditorium/Back Stage which includes the two levels of the
auditorium, back of stage areas and
dressing rooms. The second area is
the Lobby which includes the lobby on the street front, the concession area and
the inner lobby near the stairs. These two rentable areas may be rented together
during rehearsal days or separately. During
performance days, the entire facility is rented which includes both areas. The
lessee shall have no rights whatsoever to enter or use the area in the Saenger
comprising the administrative offices; mechanical rooms or any other area except
such as are designated in the Saenger agreement.
ADVERTISING
- Lessee shall not advertise any performance or the appearance of any performer
prior to the execution of this agreement by both parties. The Lessee agrees that
all advertising of the event will be honest and true and will include accurate
information on show times and ticket prices.
The
Lessee agrees that all printed materials and electronic mediums including, but
not limited to, advertising, literature, hand-outs, etc., promoting the event
and/or Facility shall utilize logo and colors approved by Saenger Management.
The Facility shall furnish such Facility logo in digital ready format.
The Facility shall always be referenced as the “Hattiesburg Saenger
Theater” in all print and electronic mediums.
The Lessee agrees to provide a proof of all printed materials to the
Saenger Manager prior to publication in order to avoid errors or misprints
concerning the Saenger. Release of
information prior to said arrangements or failure to designate the specific date
that tickets are to go on sale may result in additional charges for Saenger Box
Office services.
The Management of the Saenger must approve any deviations.
Advertised ticket prices must include the phrase “plus applicable
service charge” if credit card sales are anticipated.
PERFORMANCE
APPROVAL - The
Saenger retains approval right of performance, exhibition or entertainment to be
offered under this agreement and the Lessee agrees that no such activity or part
thereof shall be given or held if the Facility files written objection on the
grounds of character offensive to public morals, failure to uphold event
advertising claims, or violation of event content restrictions agreed to by both
parties at the time of execution of this agreement.
When the performing attraction is other than the lessee, the lessee
agrees to furnish the Saenger, at the time of signing this agreement, with a
copy of the signed contract, including all riders thereto, between the lessee
and the act to be presented. Those
portions of the contract converning financial arrangements with the lessee may
be excised.
COPYRIGHT
LICENSE - The securing and payment of copyright license fees is
the responsibility of the Lessee. Lessee
will deliver proof of the copyright license to the Saenger ten (10) days prior
to the event. Failure to provide
such proof may result in the cancellation of the event.
In addition, Lessee agrees to hold harmless the Saenger Theater against
all claims, demands, costs, and expenses that the Saenger may sustain or incur
by reason of any infringement or violation of any copyright or proprietary
right.
VENDORS
- All
outside services must be provided by companies approved by Saenger Management.
STAFFING
- The Saenger may, at its discretion, furnish a House Manager, the cost of which
shall to be borne by the Lessee, to supervise the overall front of house
operations at each performance or event. The
authority of the House Manager is absolute with regard to times of opening the
lobby and auditorium, start of the program, length of intermission, safety of
staff and audience, and protection of the Saenger.
The lessee shall be responsible for contacting the House Manager not less
than 15 days prior to the performance to discuss Front of House requirements.
The Saenger will arrange for and supervise all Front of House personnel
as it may, at its sole discretion, deem necessary for the event to be presented.
Any additional costs to provide said personnel shall be borne by the
Lessee. Theatrical
equipment operators must be supplied by Saenger Theater.
ELECTRICAL
POLICIES - The
Saenger is the exclusive contractor for all electrical services.
All electrical service installation and contacts over 110 volts shall be
made by Saenger staff or by Saenger-authorized electricians.
Any exceptions must be approved in writing by Saenger management.
All such connections and related work will be at the expense of the
Lessee.
TECHNICAL
EQUIPMENT POLICIES - All equipment brought in by the Lessee and
placement thereof, will be inspected by the Manager or Technical Director who
will have the final approval and authority for the use of such equipment in the
Saenger Theater. Such approval shall
not relieve Lessee of any liability imposed under any provision of this
contract.
RECORDING
- Lessee agrees that no recording, either visual or audio of any kind, will be
made of an event covered by this contract without prior written approval of the
Management of the Saenger Theater. Management
reserves the right to restrict photography on property at their discretion.
In addition, there will be no live radio or television production from
the Theater without prior permission from the Manager.
Should the Saenger grant the Lessee such privileges, the Saenger has the
right to require advance payment for said privilege in addition to rental fee.
Such permission must be obtained in writing in advance of broadcast date.
CONCESSION
(Food/Beverage) - The Saenger reserves all food and beverage concessions and
catering rights. No food and
beverage shall be brought into the Saenger by the Lessee, or its guests,
ticket-holders or employees. Upon
the request of the Lessee, the Saenger will provide the Lessee with an approved
list of caterers. The Lessee will
contract directly with their choice of caterer from the Saenger approved list.
All alcoholic beverage consumed on the premises of the Saenger Theater
must comply with all city ordinances, and must be purchased from the Saenger’s
alcoholic beverage licensee. No
other alcohol beverage service or entry is allowed.
To schedule alcoholic beverage service contact the Saenger Manager.
All matters concerning food and beverage must be coordinated with Saenger
Management.
NOVELTY
SALES - It is policy of the Saenger to permit, through agreement
between Lessee and Manager, the sale of souvenirs, programs, records, books or
any related materials commonly sold or dispensed in a venue.
However, these sales will take place only in the lobby.
If such items are sold, the house commission will be 20% of the gross
sales at the end of the event. If
the Saenger provides the sellers, the house commission is 30% of the gross
sales. Saenger management reserves
the right to prohibit the sale of any items, which it deems to be inappropriate
for sale.
INTERMISSION
- The lessee agrees that for all programs lasting one and one-half hour or more,
excepting graduations, religious services and similar events, there shall be at
least one intermission of not less than 15 minutes.
LIFE
SAFETY POLICIES - The use of any special effects other than
standard stage lights must be submitted for review and approval by Saenger
Management. The Saenger reserves the right to designate points of entrance,
exit, and concession areas. Standing on chairs by event attendees is prohibited.
The Saenger reserves the right to make or have announcements made
pertaining to life-safety issues at appropriate times during the event, in
consultation with the event promoter. The
Saenger reserves the right to cause interruption of any performance in the
interest of public safety and to likewise cause the termination of such
performance, when in the sole judgement of the Saenger Management, such
termination is necessary in the interest of public safety.
It is the responsibility of the Lessee to disclose estimated attendance
figures, activities, entertainment, and all other pertinent information needed
to determine safety measures.
All
fire prevention and security matters shall be addressed with Saenger staff and
addressed directly to the Lessee’s on-site agent.
The
Lessee shall not encumber, obstruct the Facility entrance, sidewalks, halls,
stairs, lobbies, exits and audience chambers of the Facility, nor allow the same
to be obstructed in any manner. Parking
and unloading in the fire lanes in front of the Saenger is not allowed.
The lessee further agrees not to bring onto the premises any material,
substances or equipment which is likely to endanger the life of, or cause bodily
injury to, any person on the premises or which is likely, in the sole judgment
of the Saenger, to constitute a hazard to property.
The Saenger shall have the right to refuse to allow any such material,
substances or equipment to be brought onto the premises and the further right to
require its immediate removal if found thereon.
Some events may require a Fire Marshal on duty during show hours
depending on the number of attendees, and/or type of event.
This expense, if required, will be charged to Lessee.
All
drapes, hangings, curtains, drops, and other similar decorative materials used
by the Lessee shall be made from non-flammable material or treated and
maintained in flame-retardant condition. All
exhibits and displays are subject to inspection by the Hattiesburg Fire
Department. All aisles must be kept
clear, clean and free of obstructions. Use of fireworks/pyrotechnics in the
Saenger is prohibited. Open flames
are prohibited in the Saenger. Pressurized
tanks are prohibited in the Saenger.
During
the times of move-in and move-out, the following rules and regulations apply:
a. Absolutely no drinking of alcoholic beverages.
b. No horseplay, practical jokes, etc.
c. No illegal, or controlled substances or look-a-likes permitted.
d. No firearms of any kind permitted.
e. No reckless use of equipment permitted.
f. No flammable liquids permitted.
g. Exit doors may not be blocked in any manner
The
Saenger shall retain the right to cause the interruption of any performance in
the interest of public safety and to likewise cause the termination of such
performance and/or the evacuation of the premises when in the sole judgment of
the Saenger such act is necessary in the interest of public safety.
The Saenger also reserves the right to eject any objectionable person or
persons from the premises, and upon the exercise of this authority through the
Saenger’s employees, agents or security officers, the lessee hereby waives any
right and all claims for damages against the Saenger for said actions.
EMERGENCY
PROCEDURES - The
Saenger is equipped with comprehensive early fire detection and alarm systems.
Thesprinkler system is designed to activate by heat sensitive devices and
smoke detectors. All building
emergency panels are monitored by the Facility staff.
The Facility is equipped with battery powered illuminated exit signs.
In the event of an emergency, the highest ranking Facility management
person on duty assumes control of the building, directs the Saenger personnel,
directs audience members and clients and acts as a liaison with police, fire,
and medical services. The Saenger
staff will keep the tenant and service contractors informed and involved in
decisions relating to events in progress.
SECURITY
- There
is no designated formula for providing security.
The security profile will be determined by Saenger management.
The Lessee may be required
to provide security during load-in, rehearsal, day of performance, load out or
any other time being occupied by Lessee or attendees of the event. The
determination of the amount and extent of required protection shall be made by
the Management of the Saenger and such decision shall be final. Security
personnel may only be selected from Saenger-approved providers.
All costs and expenses of providing security shall be borne by and paid
by the Lessee. Provision of security
in accordance with this paragraph shall not relieve Lessee of any liabilities
imposed under any other provisions of this agreement and Lessee shall have the
right to provide additional security beyond that determined by the Management of
the Saenger.
DAMAGE
TO BUILDING - The
Saenger will not be responsible for any damage or injury that the Lessee or its
agents, servants, employees, or property sustain from any cause prior to,
during, or subsequent to, the period covered by the Lease Agreement; and the
Lessee shall expressly release said Facility from any and all claims for such
loss, damage, or injury. The Lessee
will indemnify, save and hold harmless the Saenger from all actions or
proceedings to recover damages for injuries to persons or property arising from
the Lessee’s occupancy of the leased premises or the Lessee’s activities
therein. The Lessee agrees to pay for any damages to the leased premises
resulting from the Lessee’s use or occupancy thereof; or resulting from any
acts or omissions intentional, negligent, or accidental, whether said acts or
omissions are those of the Lessee, its agents or employees, or persons
participating in or attending the function contemplated by the Lease Agreement.
Said payment shall be made within 30 days of performance date.
Lessee grants Saenger the right to withhold any or all funds to pay for
said damage. The Saenger shall
not be liable to the Lessee for any damage, loss, or expense of any kind
sustained by the Lessee as a result of vandalism or malicious mischief.
CARE
AND USE OF THEATER - Lessee shall not drive any nails, screws,
tacks, pins, or other objects into the floors, walls, ceilings, partitions,
doors, window or door casings, or woodwork of the Theater, and will not in any
manner change or move any fixture of the Theater except as may be authorized by
the Saenger. All scenery must be
constructed and painted and ready for set up prior to load-in.
Touch up would be subject to the approval of the Stage Manager.
Lessee may lay a floor covering but cannot adhere same to the building
floor. All marking or spiking the
stage floor shall be with removable tape. No
pens, markers, paint or any other substance may be used.
No items may be attached to the dressing room walls, or doors.
This includes tape, staples, pins, tacks, etc.
The only adhesive tape approved for use in the Saenger is Ploykeen, Nopi,
and Gaffers tape. Tape is available
for purchase by the Facility or Lessee may supply their own.
No items may be hung from the walls or doors in dressing rooms. Items
may be taped to the mirrors in dressing rooms with special tape available from
the Manager. Damages
resulting from improper or unauthorized installation of advertising matter will
be removed by the Facility, and any cost associated with such removal will be
charged to the Lessee. Adhesive
backed decals and stickers may not be given out on Saenger property. Glitter is
not permitted in the Facility. All signage must be professional in nature.
All signage must be of a printed nature and meet the approval of the
Saenger Management . All signs,
banners, equipment and/or decorations for installation in the Saenger require
approval before move-in by Saenger Management.
At move out, all posted signage must be removed by the service contractor
or Lessee. If any Lessee leaves
materials in or on Saenger property, the Lessee will be billed for labor to
remove said items. No Helium
balloons are permitted in Saenger.
SMOKING
\ TOBACCO PRODUCTS - Smoking or any other type of tobacco product
is not permitted in the Theater.
ANIMALS
AND PETS - Animals
and pets are not permitted in the building without prior approval of Saenger
Management. Approval of animals and pets in facility is based on whether the
animal or pet is part of an exhibit, or performance legitimately requiring use
of animals. Seeing-eye dogs are
permitted. Such animals or pets must be on a leash, within a pen, or under
similar control at all times. Other
than seeing-eye dogs, such pets and animals shall be kept in the performance
area at all times, except travel to and from the performance area.
The owner takes full responsibility for his or her pet.
The Saenger reserves the right to request removal of animal(s) for a
noncompliance of above or for disruptive behavior of said animal(s).
PARKING
- Cars and/or trucks parked
illegally in marked fire lanes, alleys or service entrances may be towed at the
expense of the vehicle’s owner. Parking
is available due east of the Saenger in the City of
Hattiesburg
’s parking lot adjacent to the railroad tracks.
FREIGHT,
EQUIPMENT AND SETS - The
Saenger will not accept shipment of freight materials, and equipment prior to
contracted move-in date. C.O.D. deliveries will not be accepted by the Facility.
All equipment brought into the Saenger should be delivered and removed at the
service entrance only. All freight, production
equipment or sets must be brought into the Saenger through the service doors.
The Saenger will not accept the delivery of flammable or combustible
mixtures, waste, or liquids. Lessee
and contractors must arrange own shipment, but Saenger must be notified of said
arrangements. Items held for return
shipment must be removed the next business day following event.
Items not removed by next business day will be held in storage until
storage fees are paid. Items left
over one (1) week will be discarded.
CHANGE
IN RATES - Box office and labor rates are subject to change.
The Management office will make every attempt to notify Lessee of
changes, but no guarantee of notification can be made.
Lessee agrees to pay the labor and box office rates in effect at the time
of occupancy. Lessee should contact
the Management office twenty (20) days prior to the contracted date to confirm
the rates in effect.
SUBLETTING
AND ASSIGNMENT - Lessee shall not assign this agreement, or any
part hereof, or suffer any use of said premises other than herein specified
without the written consent of the Management of the Saenger.
LEGAL
RECOURSE - In the event Lessee violates any of the terms or
conditions of this agreement, Saenger shall have, in addition to any legal
recourse, the right, at Saenger’s option, to terminate this agreement
forthwith, and to enter and obtain possession of the entire facility rented, to
remove and exclude any and all persons from, all without the service of notice
or resort to legal process and without legal liability on its part.
The forum or venue for any action arising out of, or related to, this
agreement shall be a court of competent subject matter jurisdiction in
Forrest County
,
Mississippi
. Lessee accepts and submits to such
jurisdiction, hereby entering its appearance for all purposes.
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