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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.