Theaterwalla Sample Contract

This Theaterwalla Sample Contract below is for informational purposes only. Updated 09/01/2018

This document will serve as a Contract between you, henceforth referred to as the PERFORMER, and DREAMLAND ARTS, for the following purpose:

  1. Purpose: PERFORMER agrees that the sole purpose of the Contract is for the presentation of a solo theater performance.
  2. Limits of Use: This Contract between DREAMLAND ARTS and PERFORMER is solely for the purposes specified in this Contract. Should DREAMLAND ARTS reasonably determine that PERFORMER is engaging in any activity not specifically agreed to in this Contract, DREAMLAND ARTS may terminate this Contract immediately. PERFORMER understands that the use of fire or candles, or the consumption of alcohol, tobacco and drugs on DREAMLAND ARTS premises, is strictly forbidden.
  3. Dates and Times: [All dates and times listed are from arrival to departure].
  4. Hours: PERFORMER agrees to abide by the hours stated above, which are from the arrival of the first person to the departure of the last person from the PERFORMER’s group. All activity in the building must end no later than 10:00 p.m.
  5. Event Capacity: At a public event, the maximum number of persons from the PERFORMER’s group, including performers, technicians and support staff, will not exceed 8 persons. The maximum audience capacity at any event is 40 persons. No additional persons may be seated and there is no standing in the aisles.
  6. Space Use: PERFORMER will have access to the Theater and Basement as needed. The Basement is used as a green room for artists. During public events, members of the general public may not enter the Basement for any reason.
  7. Invited Audience at Rehearsals: PERFORMER must obtain permission from DREAMLAND ARTS prior to scheduling any rehearsals for which there is an invited audience.
  8. Basement Access: The Basement is not accessible except by stairs. DREAMLAND ARTS does not host or advertise public events to be held in the Basement.
  9. Premises: PERFORMER agrees to keep in good order the premises and equipment during the term of this contract. PERFORMER shall clean up and return premises in the condition it was found. PERFORMER will not move any furniture, curtains, lighting instruments and backstage materials in the Theater or Basement except under direct supervision of DREAMLAND ARTS staff.
  10. Storage: PERFORMER may store sets, props, costumes and other equipment at DREAMLAND ARTS subject to the needs of DREAMLAND ARTS. DREAMLAND ARTS reserves the right to determine what may or may not be stored on the premises, as well as where it may be stored.
  11. Multiple Groups: DREAMLAND ARTS is often used by multiple groups, including during daytime hours, for classes, workshops and other arts and education related activities. PERFORMER agrees to store sets, props, costumes and personal items in designated areas as instructed by DREAMLAND ARTS staff.
  12. Special Uses: PERFORMER will not use fake gunshots, stage blood, liquids, glitter (in costumes, sets or props), fire, candles and other special effects at any time during the rental, unless specifically agreed to in this Contract. DREAMLAND ARTS does not permit the use of overhead rigging, or screws, nails, staples or other fasteners on the floors or walls of any room unless specifically agreed to in this Contract. DREAMLAND ARTS does not permit the use of metal tap shoes on the stage floor.
  13. Use of Seating and Lobby Space: PERFORMER will not use or alter the seating areas, aisles, hallways, ticket counter and/or lobby space without prior consent of DREAMLAND ARTS. All use of and/or alterations to these spaces must be discussed in advance and agreed to by DREAMLAND ARTS and written into the Contract, or in an Addendum to the Contract.
  14. Property: DREAMLAND ARTS will not be held responsible for damage or theft of PERFORMER’S equipment or belongings left at DREAMLAND ARTS. PERFORMER will be held responsible for damage to any DREAMLAND ARTS property.
  15. Neighborhood Peace: PERFORMER will not engage in any activity that disturbs the peace of the neighborhood. DREAMLAND ARTS reserves the right to determine what is “activity that disturbs the peace of the neighborhood.” This includes activities such as the playing of excessively loud music. DREAMLAND ARTS may terminate this Contract immediately if PERFORMER does not comply with DREAMLAND ARTS’ rules.
  16. Street Noise: DREAMLAND ARTS is located immediately adjacent to the public sidewalk on Hamline Avenue. PERFORMER understands that street noise may carry into the theater, including noise from vehicular traffic, construction and maintenance equipment, pedestrians conversing loudly, and emergency vehicles.
  17. Minors: PERFORMER agrees to inform DREAMLAND ARTS in advance if any children from the PERFORMER’s group will be present on the premises at any time during the project. In addition, PERFORMER understands that all children under the age of 12 present on DREAMLAND ARTS premises must be under direct adult supervision at all times. The presence of minors in the building must be specifically agreed to in this Contract.
  18. Live Animals: PERFORMER agrees to inform DREAMLAND ARTS in advance if any live animals (including service dogs) will be present on the premises at any time during the project. The presence of live animals in the building must be specifically agreed to in this Contract.
  19. Equipment: PERFORMER will have access to DREAMLAND ARTS’ lights, sound and projection equipment per the specifications in this Contract. An inventory of the equipment that may be used is posted on our Theater Photos & Specs page. PERFORMER will not move, replace, disconnect or adjust any DREAMLAND ARTS equipment except under the direct supervision of DREAMLAND ARTS staff. PERFORMER understands that DREAMLAND ARTS equipment is well used and that the equipment may unexpectedly fail to function properly. In such circumstances, DREAMLAND ARTS will attempt to replace or repair the equipment to the best of its ability, but DREAMLAND ARTS will not be held responsible for equipment failure. PERFORMER may choose to bring in their own equipment as needed.
  20. Additional Equipment: PERFORMER may bring in additional sound, lighting and projection equipment to supplement or replace the house equipment. However, DREAMLAND ARTS’ reserves the right to determine what additional equipment may or may not be used. Also, PERFORMER assumes full responsibility for any technical difficulties that may arise from using additional equipment. Technical difficulties may include, but is not limited to, equipment malfunction, electrical interference and insufficient electrical power supply. Guitars with single coil pick-ups and tube amps tend to hum/buzz loudly in our space.
  21. Furniture, Tools and Props: PERFORMER agrees to use their own furniture, tools and props. DREAMLAND ARTS has tables, chairs, stools and music stands available for PERFORMER’s use, subject to availability. PERFORMER will not use any DREAMLAND ARTS furniture, tools and props without prior permission of DREAMLAND ARTS staff.
  22. Technician: DREAMLAND ARTS will provide technical assistance only to help PERFORMER get familiar with the equipment. If PERFORMER needs a technician for the project, PERFORMER will be responsible for providing the same.
  23. Building Supervision: DREAMLAND ARTS does not provide on-site supervision during private rehearsals and workshops, but a staff member is available to answer questions over the telephone. During a public event or program, DREAMLAND ARTS will provide one staff member on-site to cover house management and building supervision duties. DREAMLAND ARTS reserves the right to have a staff member present in the building at any time during the project.
  24. Load-In and Strike: PERFORMER agrees to load-in and strike all PERFORMER’s equipment and property as instructed by DREAMLAND ARTS staff and at the times agreed upon in this Contract. PERFORMER agrees to load-in and strike using the front door of the building and understands that the rear stage door is used for emergencies only. PERFORMER will not block alley traffic with vehicles at any time during the project.
  25. Dressing Rooms: DREAMLAND ARTS has one large, open room (the Basement) that serves as a dressing room and green room during performances. There is one unisex bathroom that can serve as a private changing room. PERFORMER understands that there are no additional dressing/changing areas in the theater.
  26. Damage: At the completion of the rental, PERFORMER will clean up and return DREAMLAND ARTS equipment and property in the condition it was found. If there is any damage to any DREAMLAND ARTS equipment or property, PERFORMER will pay DREAMLAND ARTS for the damages incurred.
  27. Marketing: PERFORMER agrees to assume primary responsibility for marketing the event. DREAMLAND ARTS will market the event through a printed flyer and e-mail newsletter, as well as on its website, up to 30 days before an event. This date is considered as the publicity date. PERFORMER agrees to provide DREAMLAND ARTS relevant publicity and marketing information 7 days in advance of the publicity date.
  28. Ticket Sales: All Theaterwalla tickets will be priced at $10 per ticket, including all taxes and fees. Tickets will be sold in advance and at the door. Payments will be accepted by credit card, check or cash. All payments will be made to DREAMLAND ARTS. DREAMLAND ARTS will provide one staff person to sell tickets (as well as cover house management and building supervision) during an event. Any other arrangements for the sale of tickets must be arranged in advance with DREAMLAND ARTS staff and written into this Contract.
  29. Comps: No comp tickets are available for Theaterwalla events.
  30. Payment Schedule: DREAMLAND ARTS will collect all revenue from ticket sales. DREAMLAND ARTS and PERFORMER will equally share the revenue. DREAMLAND ARTS will pay PERFORMER by check immediately upon completion of the event.
  31. Food/Concessions: DREAMLAND ARTS sets up a concessions stand with light refreshments for purchase at most events. No other food, snacks or concessions may be served to the public. Patrons may not bring outside food or drink into the theater. Artists in PERFORMER’s group may bring in light snacks for refreshments for personal consumption. DREAMLAND ARTS does not permit the consumption of any alcohol on its premises at any time.
  32. Receptions: Instead of DREAMLAND ARTS concessions, PERFORMER may have a reception with food and beverages as part of an event. However, all receptions must be coordinated in advance with DREAMLAND ARTS staff with details about the reception listed in this Contract. DREAMLAND ARTS does not serve, or permit others to serve or consume, alcohol at any time on the premises.
  33. Copyrighted Material: PERFORMER agrees to be held responsible for the use of any copyrighted material used during the event. Copyrighted material may include, but is not limited to, literary works, photographs, artwork, music and songs. DREAMLAND ARTS will not be held responsible for use of any copyrighted material during the project for which PERFORMER has not obtained written consent for such use.
  34. ASCAP/BMI/SESAC: PERFORMER understands the DREAMLAND ARTS is not licensed by ASCAP, BMI or SESAC. PERFORMER assumes all responsibility for obtaining permission from members of ASCAP, BMI or SESAC to perform their music at DREAMLAND ARTS and agrees to hold harmless and indemnify DREAMLAND ARTS from all fees, penalties, attorney and other legal fees brought by ASCAP, BMI or SESAC, or any artists or composers, related to the violation of license agreements pertaining to this performance.
  35. Photography: DREAMLAND ARTS does not permit the use of still photography during a performance, unless specifically agreed to in writing prior to the event.
  36. Video Recording: PERFORMER may set up cameras to videotape an event. However, cameras set up on tripods must not obstruct any aisles. DREAMLAND ARTS reserves the right to determine where cameras may be set up for recording. A videographer set up in the general audience seating must be accounted for in the total number of audience persons seated.
  37. Limits of DREAMLAND ARTS Liability: PERFORMER agrees to indemnify and hold harmless DREAMLAND ARTS from any and all claims, damages, liabilities and expenses, including, but not limited to, attorney’s fees and costs of litigation, in connection with loss of life and/or personal or bodily injury or damage or destruction to any property arising from use of DREAMLAND ARTS property by the PERFORMER or the PERFORMER’s employees, contractors or agents. PERFORMER is responsible for providing his/her/its own insurance against any and all claims brought against the PERFORMER (or the PERFORMER’s employees, contractors or agents), which may arise from use of DREAMLAND ARTS property.
  38. Building Structure & Infrastructure: PERFORMER understands that the DREAMLAND ARTS building and mechanical infrastructure (foundation, wiring, plumbing) may unexpectedly fail to function properly. In such circumstances, DREAMLAND ARTS will attempt to repair the malfunction to the best of its ability, but DREAMLAND ARTS will not be held responsible for building and/or mechanical infrastructure failure.
  39. Cancellation/Termination of Agreement: In case of cancellation due to any reason over which DREAMLAND ARTS has no control of, including weather, power outages, acts of God, or political or civil disobedience, DREAMLAND ARTS and PERFORMER shall consider this Contract null and void.

The preceding constitutes the Contract between DREAMLAND ARTS and PERFORMER and may be amended by attachments signed and dated by both parties.

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