THEATRE RENTAL AGREEMENT
THIS RENTAL AGREEMENT IS BETWEEN:
Eleanor Pickup ArtsCentre
(“EPAC”)
AND
______
(The “User”)
1.0Preamble
1.1The Town of Drayton Valley and Brazeau County jointly own the Centre, which is operated and managed by EPAC composed of volunteer community members.
1.2The User wishes to rent a portion or the entire Centre under the terms and conditions contained in this Agreement.
1.3In consideration of the rental payments set forth herein, and the mutual covenants, conditions and terms contained herein, the parties agree as follows.
2.0Definitions
2.1Meaning of Terms:
a) “Centre” means Eleanor Pickup Arts Centre, a performing arts facility located at 5144 – 51 Street or on the lands legally described as Lot 5 and the north ½ of 6, Block 3, Plan 5935 HW in Drayton Valley, Alberta;
b)“Rental Area” means: ______;
c)"Lighting" means: theatre stage lighting with light controls;
d)“Sound and Technician” means: theatre sound system and technician;
e)“Permitted Activities” means: ______;
f)“Term” means the following dates: ______;
g)“Owners” means: the Town of Drayton Valley and Brazeau County
3.0Rights and Responsibilities of EPAC
3.1During the Term, EPAC will rent the Rental Area to the User who will use the Rental Area only for Permitted Activities only and for no other purpose whatsoever and subject to the terms and conditions set forth herein.
3.2If, in the reasonable opinion EPAC, the User undertakes or permits any activity within the Rental Area which is outside of the Permitted Activities, or which may be a nuisance or cause damage, or if the User is in default of any of the terms or conditions of this Agreement, EPAC may terminate this Agreement forthwith verbally or in writing and the User will immediately vacate the Rental Area and the Centre.
3.3If the User fails or neglects to perform any of its obligations under this Agreement, EPAC will have the right, but will not be obligated to, take such action as is reasonably necessary in the sole discretion of EPAC to perform such obligations. In such event, the User will be responsible for the payment of all costs incurred by EPAC in doing so.
4.0Payment of Rent, Obligations and Responsibilities of the User
4.1The User will pay to EPAC the total applicable fees plus GST:
Applicable (X):
___Custodian: $25.00 Venue Lockup
___Custodian: $50.00 Venue Opening and Lockup
___Instruction for Performing Arts: $25.00per Session
___Not for Profit, Venue Rental: $50.00 per Weekday Half Day or WeekdayEvening
___Not for Profit, Venue Rental: $100.00 per Weekday Full Day
___Not for Profit, Venue Rental: $150.00 per Weekend Day orWeekend Evening
___Corporate or Personal Venue Rental: $250.00 per Weekday Half Day orWeekday Evening
___Corporate or Personal Venue Rental: $350.00 per Weekend Full Day orWeekend Evening
___Cleaning: $110.00 per occurrence
___Theatre LED Stage Lighting and Controller: $ 50.00 per session
___Theatre Sound Equipment Rental: $ 50.00 per session
___Sound and Light Technician: $200.00 per session
___Piano Rental: $35.00 per session ___ Cleaning and Damage Deposit $500.00 per contract Term (Required, In advance)
___SOCAN fees (if payable by EPAC)
___10% of Ticket Sales
Terms:
Day means: from 7:00 a.m. to 6:00 p.m.Evening means: from 6:00 p.m. to midnight
Weekday means: Monday, Tuesday, Wednesday and Thursday
Weekend means: Friday, Saturday and Sunday
Fees are payable, in total, following the receipt of an invoice and prior to the commencement of the Term. Unless paid in full, no use of the Centre will be allowed at all.
4.2 Any damages to the Centre and cleaning required in addition to the cleaning fee more specifically set out in clause 4.4 will be applied against the damage deposit and the balance returned to the User as soon as reasonable after the Permitted Activities. Notwithstanding the deposit, this is not intended to serve as a limit on the amount that may be charged by EPAC against the User for damages in breach of this Agreement.
4.3The User will have the sole responsibility of any and all of the Users property throughout the rental period. User’s property left on site is done so at the Users own risk. EPAC will take no responsibility for any lost, misplaced or stolen property of the user nor will EPAC reimburse the user for any missing User’s property.
4.4The User acknowledges that the Centre is located in the downtown Drayton Valley retail area. The User will respect and prevent any littering, damage or mischief to the adjoining and adjacent sidewalks, street, lane way and buildings (the “Adjoining Properties”).
4.5The User will not permit any damage to occur to any area of the Centre, including the Rental Area, Sound and Lighting (if included in 4.1), or the Adjacent Properties and will leave it clean and in substantially the same condition as when the User initially entered the Centre to commence the Term, reasonable wear and tear only excepted. The User will immediately reimburse EPAC for the cost of any damages and consequential repairs to the Centre or Adjacent Properties and cleaning related to the use of the Centre by the User in addition to the deposit. Without restricting the generality of the foregoing, the User remains responsible for leaving the Centre in a clean condition; any cleaning required by EPAC and not covered by the cleaning fee will be charged at a minimum of $75.00, such amount to be paid by the User immediately upon being invoiced, or deducted from any damage deposit.
4.6The User agrees to use the Rental Area only, and not any other area of the Centre, for Permitted Activities during the Term, or as otherwise permitted in this Agreement.
4.7The User shall not permit any performance in the Arts Centre which involves nudity or pornographic images.
4.8The User will at all times indemnify and save harmless EPAC and the Owners from and against any and all actions, claims, demands, suits, proceedings, damages, costs (including without restriction legal costs on a solicitor and his own client full indemnity basis) and expenses whatsoever that may be brought, made, or incurred by or against EPAC or Owners by reason of, arising out of, or in any way related to the use of the License Area by the User, its officers, volunteers, fans, agents, employees, invitees or contractors except where the action, claim, demand, cost or expense was caused by the intentional acts or gross negligence of EPAC.
4.9The User may not assign this Rental Agreement, either in whole or in part, without the written consent of EPAC, which consent will not be unreasonably withheld.
4.10Unless waived by EPAC, the User, during the Term and at its sole cost and expense, will take out and keep in full force and affect the following insurance:
(a)Comprehensive general liability insurance, which includes participant on participant coverage, with inclusive limits of not less than ONE ($1,000,000) MILLION DOLLARS;
(b)Such other form of insurance as EPAC or the User may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent person under similar circumstances would insure.
The User agrees that the insurance policy (policies) referred to in this Section will name EPAC , the Town of Drayton Valley and Brazeau County or any person, firm or corporation designated by EPAC as additional named insured as their interest may appear and such policies will contain a waiver of any subrogation rights which the User’s insurers may have against EPAC and a severability of interest clause or a cross liability clause.
All policies of insurance will be taken out with insurers and will be in a form acceptable to EPAC, acting reasonably. The User agrees that certificates of insurance acceptable to EPAC or certified copies, if required by EPAC, will be delivered to EPAC as soon as practicable after the placing of the required insurance. All policies will contain an undertaking by the insurers to notify EPAC in writing, of any material change, cancellation or termination of any provision of any policy, not less than THIRTY (30) DAYS prior to the material change, cancellation or termination thereof.
4.11The User will at all times obey all laws, by-laws, regulations and policies of the Town insofar as they may affect or impact the use of the Rental Area.
4.12The User will take all reasonable steps to supervise and control the activities of all participants, volunteers, spectators, agents, employees or invitees of the User, and particularly supply sufficient security commensurate with the Permitted Activities.
4.13The User will promptly report the existence of any hazardous conditions to EPAC.
4.14The User will promptly report any injuries and provide true copies of any injury report completed in relation to such injuries.
4.15The User will only permit reasonably trained volunteers to use the Centre’s facilities in the Rental Area, including the Lighting and Sound equipment (if included in paragraph 4.1).
4.16The User will at the end of the Term promptly remove all its property from the Rental Area.
4.17The Rental Area must be left in the same condition, in which they were found, with all displays, posters, paper, advertising and other debris removed at the expiration of the Term unless otherwise agreed upon by EPAC, in writing.
5.0Other Provisions
5.1Any overdue monies payable by the User to EPAC will incur interest at a rate of 18% per annum from the date such monies are due until paid.
5.2Any notice to be given by the parties hereto will be in writing and will either be delivered personally or mailed by prepaid registered mail as follows:
(a)To EPAC:(b)To the User (represented by):
Eleanor Pickup Arts Centre ______
Box 7673______Drayton Valley, Alberta Drayton Valley, Alberta T7A 1S8 T7A ___
780-898-7933Phone
Notice given in any such manner will be deemed to have received by the party on the day of delivery or upon the 4th day after the day of mailing. Any party may change its address for service from time to time upon written notice to that effect.
5.3The terms and conditions set forth in this Agreement constitute all of the terms and conditions of this Agreement, and there are no other terms, conditions, covenants, agreements, representations or warranties, either expressed or implied, arising between the parties hereto except as expressly set forth herein.
5.4If any provision of this Agreement is illegal or unenforceable it will be considered separate and severable from the remaining provisions, which will remain in force as if the unenforceable provisions have never been included.
5.5This Agreement will ensure to the benefit of and be binding upon the parties hereto, their respective successors, and permitted assigns.
5.6Portions of this Agreement may be enforced even if the Agreement has ended.
5.7The headings of this Agreement have been inserted for reference and convenience only and do not affect interpretation of this Agreement or any part of it.
6.0Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity
The User confirms and acknowledges that use of the Centre (including the License Area) may involve inherent risks, dangers and hazards, including, but not limited to, inappropriate use of Centre equipment. The User freely accepts and assumes all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.
The User waives any and all claimsthat the User has or may have in the future against EPAC, the Owners, and their respective directors, volunteers, councilors, officers, employees, agents and representatives (all of whom are hereinafter collectively referred to as the “Releases”).
Signatures
The respective parties have executed this Rental Agreement this ____ day of ______2017in the Town of Drayton Valley, Alberta.
SIGNED, AND DELIVERED EPAC
Per:
______
USER:
Per:
______
______
Witness
______
Eleanor Pickup Arts Centre / Approved / Last Revised / Last Review / ReviewTheatre Rental Agreement / May 26, 2015 / Apr 1, 2017 / Mar 24, 2016 / Annually