AGREEMENT FOR USE OF SCHOOL FACILITIES, GROUNDS and EQUIPMENT
Between:Board of Education of School District 33 (Chilliwack)
8430 Cessna Drive
Chilliwack, BC V2P 7K4
Phone: 604-792-1321
Fax: 604-792-9665
(“the School District”) / And:
Name:
Address:
Postal Code: Home Phone: Work Phone: Fax:
Email:
(the “User”)
THIS AGREEMENT, made the day of _, 20 _.
The User hereby agrees to use the following School District facilities/grounds/equipment:
GW GRAHAM MIDDLE-SECONDARY SCHOOL - THEATRE
45955 Thomas Road, Chilliwack BC V2R 0B5
DATE(S) REQUESTED: / TIME(S) REQUESTED:(include time required for set up and clean up)
Start: End:
Start: End:
Start: End:
Start: End:
PURPOSE/FUNCTION:
ACTIVITIES TO BE UNDERTAKEN:
Anticipated number of participants: Age range of anticipated attendants:
SET-UP REQUIRED:
EQUIPMENT INCLUDED:
PERSON IN CHARGE OF GROUP (if different from above) Name/Address/Home Phone/Work Phone/Email:
USER EMERGENCY CONTACT – Name/Phone:
1. License
This agreement made October 23, 2015
Between:
The Board of Education, Chilliwack School District (hereinafter called “the Board”)
And
[client name]
[client address]
represented by [name]. Phone: (XXX) XXX-XXXX
(hereinafter called “the Presenter”), upon the terms and conditions specified in this agreement.
WHEREAS the Board operates the Graham Theatre (hereinafter called “the Facility”) comprising a theatre, lobby, dressing rooms, green room and other such areas as may be included from time to time;
AND WHEREAS the Presenter wishes to use the Facility for the purpose described below:
NOW THEREFORE the parties hereto covenant and agree as follows:
The Board hereby allows the Presenter to use the Facility for the purpose only of “[event name]” on the dates and times indicated on Schedule “B” and on the terms and conditions herein set forth and attached hereto all of which form part of this agreement hereinafter called “the Engagement”. The Presenter shall use the Facility for no other purpose without the written consent of the Board and the Engagement shall be carried out in a lawful, proper, and orderly manner.
2. RATES, CHARGES & FEES
2.1 The Presenter shall pay to the Board a rental fee for the granting of the License to use the Facility. The rental fee shall be calculated in accordance with the current rates set out in Schedule “A” of this Agreement.
2.2 The Presenter agrees to pay the Board in lawful money of Canada (or by cheque drawn on one of the Chartered Financial Institutions of Canada, credit card or debit card) to GW Graham Secondary School for the use of the premises as aforesaid the sum indicated on Schedule “B”.
2.3 Where, at the request of the Presenter, the Board in its discretion agrees to supply any extraordinary services, equipment or material beyond those normally supplied as part of the Agreement, the Presenter shall, at the discretion of the Theatre Coordinator, pay for such extraordinary services, equipment or material;
i) forthwith upon the supplying of same; or
ii) in any other manner prescribed by the Theatre Manager;
2.4 In the event the Presenter or the performers engaged by the Presenter use glitter, confetti, hay or any other materials which necessitate additional cleaning (which will be determined at the discretion of the Theatre Manager) during the course of this Agreement, additional custodial charges shall apply, including a $100.00 fee. Hay, if used, must be appropriately treated with a fire retardant and a record of this application must be provided to the Board prior to bringing this material into the Facility;
2.5 Where the Presenter charges an admission fee for entrance to the Engagement, a patron capital improvement fund surcharge of $1.00 per person (plus GST) admitted to the Engagement shall become due and payable prior to or immediately following the Engagement. This surcharge shall also apply to complimentary tickets. The timing of payment is at the discretion of the Theatre Manager. If prepayment of the patron capital improvement fund surcharge is required, any difference between the amount paid and the actual attendance at the Engagement shall be calculated and refunded to the Presenter or paid by the Presenter after the Engagement;
i) The Presenter and the Board shall establish and conform to an audit procedure acceptable to the parties at the conclusion of the Engagement;
ii) Failure on the part of the Presenter to provide adequate audit information shall result in the assumption of a “full house” of seven hundred and one persons, in which case the full surcharge of $340.00 shall be assessed to the Presenter;
iii) If a discrepancy occurs in the audience account between the Presenter and the Board, the Board will be deemed to be correct;
iv) If no admission is charged for the event the presenter will be charged a flat rate of $100.00 (plus GST)
v) Patron capital improvement fund surcharge monies not received within 5 calendar days of the Presenter’s last performance may result in the cancellation of any future events or loss of booking priority for the Presenter.
2.6 Where the Presenter has promotional or other sales in the Facility, a 10% surcharge on gross sales shall become due and payable immediately following the Engagement. A record of sales shall be provided to the Theatre Manager or designate as proof of amount due.
2.7 Should the Theatre Coordinator deem the use of security guards a requirement for the Engagement, the cost of security shall be paid by the presenter a minimum of 7 days prior to the engagement..
2.8 Upon default or failure of the Presenter to pay the rental and other charges payable hereunder as and when required, or to perform and observe the terms of this Agreement, the Board shall be entitled to immediately terminate the License hereby granted without notice or prejudice to the rights and claims of the Board in the respect to any monies due to the Board or in respect of any other breach of this Agreement whereupon all rights of the Presenter under this Agreement shall cease and the Board shall be entitled to retain all sums of money paid under this Agreement;
2.9 All stage work performed or supervised by theatre staff of the Board outside of this Agreement, shall be at the Presenter’s expense for which the Presenter shall pay applicable charges in accordance with the Board’s schedule of rates and other charges as outlined in Schedule “A” of this Agreement. Specific charges and other arrangements for this work will be determined in a technical meeting set up prior to the engagement and shall be detailed on Schedule “B”. Presenters making a rental application under either Non Profit or Recreation classifications shall provide proof of current non-profit status at booking time or accept charges based on commercial rates.
2.10 A rental deposit as required on rate sheet Schedule “A” and detailed on Schedule “B” shall be due and payable immediately following the confirmation of the Engagement.
2.11 Payment of all fees and expenses shall be payable to GW Graham Secondary School 45955 Thomas Rd. Chilliwack BC. V2R OB5, unless otherwise agreed to between the parties.
2.12 The Presenter shall cover the cost of repair and/or replacement of damaged or missing Facility property.
2.13 The Presenter shall ensure the facility is restored to it’s original state and vacated, including presenter’s staff, equipment, props and facility staff, by the ending time for each day as indicated on Schedule “B. Overtime charges and/or cleanup charges will apply if the premises are not restored and vacated by the end of the contract time.
3. CANCELLATION
3.1 Except as specifically provided herein, the total fee and all other applicable charges hereunder shall be payable whether or not the Presenter shall actually use the Facility.
3.2 In the event the Presenter cancels the Engagement less than 20 days prior to the first day of the engagement, the Presenter, at the discretion of the Theatre Coordinator, shall forfeit the total amount of the rental charge as liquidated damages and the Presenter shall, in addition, pay for applicable charges and reimburse the Board for all expenses that the Board has incurred on behalf of or at the request of the Presenter;
3.3 Should the Presenter notify the Theatre Coordinator of its desire to cancel the engagement prior to the start of the Engagement, and should the Board secure another Presenter satisfactory to the Theatre Manager for the use of this Facility for the period of the Engagement covered by this Agreement, the Board being under no obligation to seek such a Presenter, and should a new Agreement be entered into with that Presenter, then the Presenter agrees to forfeit the damage deposit paid and any additional charges already incurred or contracted for any extraordinary services not normally supplied as part of the Agreement, as liquidated damages. The balance of the contract funds shall be refunded to the Presenter;
3.4 In the event that the Facility or any part of it shall be destroyed or damaged by fire or any other cause, or if any other causality, strike, or unforeseen occurrence shall render the fulfillment of this License by the Board impossible, then the Presenter may forthwith cancel this Agreement and the Presenter shall pay such amounts as may be payable as aforesaid for the use of the facility only up to the time of such termination, and in such event the Board shall not be liable to the Presenter for any damages, direct or consequential, suffered as a result of such cancellation.
3.5 In the event that the Presenter is in breach of any provision of this Agreement, in addition to all other remedies that may be available to the Board, in law or in equity, the Board shall have the right, as its sole option to revoke or vary this Agreement and the Presenter shall pay to the Board on demand, the rate per the Engagement as set out (where applicable) in the Fee Schedule.
3.6 In the event of any revocation or variation of this Agreement by the Board, the Presenter hereby waves irrevocably any direct or indirect right of action at law or in equity against the Board, its officers, employees and agents for any loss or damage of any nature or kind whatsoever suffered by the Presenter as a result of such revocation or variation.
3.7 The Board, officers, employees and agents shall not be responsible for any claims, losses, damages, expenses, costs, delays or charges, of any kind whatsoever, due to the interruption or cancellation of any performances arising from any events beyond the Board’s control, including but not limited to riot, war, governmental order or regulation, embargo, act of God or the Queen’s enemies, director or indirect labour distribution including strikes, lockouts or slow downs, insurrection or other condition.
4. INDEMNITY & INSURANCE
4.1 The Presenter shall comply with all laws, ordinances, regulations, requirements and recommendations of any and all federal, provincial, municipal, school, the Board, Society or other authorities, and shall obtain and pay for all necessary permits, licenses required for the event. The Presenter shall indemnify and save harmless the Board against any and all claims for injury to person or property including claims of employees, agents, patrons (340), guests, representatives, contractors or sub-contractors of the Presenter, arising out of the activities conducted by the Presenter, its agents, employees, patrons, or guests. The Presenter shall carry adequate public liability and property damage insurance to cover such risks and at the request of the Board, the Presenter shall furnish evidence of such insurance naming the Board of Chilliwack School District Trustees. The Presenter shall provide written evidence in the form of a Certificate of Insurance or certified copy to the Theatre Manager at the time booking confirmation is made or twenty days prior to the first date booked. The Certificate or certified copy of the $2,000,000 liability insurance policy shall name the Board Chilliwack School District] as additional insured on the specified contract dates and provide for coverage of an audience of 350.
4.2 The Presenter shall obtain and maintain in force during the move in period, the license period and the move out period, the following insurance coverage in a form satisfactory to the Board
i) $2,000,000.00 inclusive limits for bodily injury to, death of, or property damage to, third parties;
4.3 In the event of fire or any catastrophe or threat of same, the Board may cause the evacuation of the Facility without liability to the Presenter for damages caused by the evacuation;
4.4 The Presenter shall indemnify and save harmless the Board, its directors, officers, employees and agents for any fine or penalty which may be levied due to blockage of any fire escape or fire exit;
4.5 The Presenter shall be solely responsible to maintain adequate insurance for its property against any and all loss or damage including fire while on School District property.
4.6 The Presenter further agrees to indemnify and save harmless the Board, its officers, employees and agents from and against any and all liability, losses, claims, demands, costs and expenses (including lawyers fees and litigation expenses on a solicitor and own client basis) whatsoever to which the Board, officers, employees and agents may become subject as a result of any covenant, agreement, term or condition of this Agreement, or as a result of or in connection with directly or indirectly, the use of or occupation of the Facility by the Presenter or its servants, agents, employees, Presenters, invitees, or employees of the Board who are employed specifically for the Presenter’s engagement.
4.7 The Presenter shall pay all salaries, wages, fees and commissions of all personnel employed by the Presenter as well as all assessments or taxes lawfully imposed by any government or authority. Any and all taxes imposed by federal, provincial, municipal or other authorities on admissions to the Facility, whether to be paid by the public or the Presenter may be paid by the Board to the proper authorities out of box office receipts, if any, without the Board becoming liable for the payment of same.
4.8 The Presenter shall pay all fees and royalties (including mechanical rights) required by performing rights Societies or bodies such as: Broadcast Music Incorporated (BMI) Canada; the Society of Composers, Authors and Music Publishers of Canada (SOCAN); the Composers, Authors and Publishers Association of Canada (CAPAC); or any other performing rights society or body. The presenter shall furnish the Board with proof of payment of royalties or fees.