CONDITIONS OF HIRE HARLOW PLAYHOUSE PLAYHOUSE SQUARE HARLOW ESSEX CM20 1LS 01279 446760 www.playhouseharlow.com A SERVICE PROVIDED BY VERSION NO. 8 ISSUE DATE: 24/03/2010 CONDITIONS OF HIRE 1. DEFINITIONS In this Agreement except so far as the context otherwise requires: "Harlow Playhouse" shall mean Harlow Playhouse and Harlow Council which expression shall include servants, agents and employees of Harlow Playhouse and the Council. "Harlow Playhouse Manager" shall mean the authorised representative of Harlow Playhouse, be it the General Manager or the Technical Operations Manager or any member of Staff authorised to speak on their behalf. "Hirer" shall have the meaning assigned to it in Clause 2 of these Conditions which expression shall include his servants, agents, employees, workmen and associates. "hiring period" shall mean the period specified in the Agreement form "the premises" shall mean Harlow Playhouse or so much thereof as may be specified in the Agreement form. 2. HIRE APPLICATIONS a) All applications for the hire of the premises shall be made on the Agreement to Hire Form supplied by Harlow Playhouse and the person by whom the Agreement to Hire Form is signed shall be deemed to be the Hirer PROVIDED THAT where a promoting organisation is named in the agreement form that organisation also shall be considered the Hirer and shall jointly and severally be liable under these conditions with the person who signed the agreement form. b) The Agreement to Hire Form shall be deemed to form and be read and construed as part of the Agreement PROVIDED THAT in case of any ambiguities or discrepancies between them the contents of these Conditions of Hire shall prevail. 3. HIRING FEE On the hiring of the premises the total fee payable in respect thereof shall normally be deducted from the total box office income of the hired event. Should the total hire fee exceed the total box office income, or should the hirer not have used the box office then the total fee payable shall be paid as follows: a) Immediately on being presented with an invoice for the balance following the final performance b) Immediately, should the Hirer have reason to cancel the contracted hire period 4. THE EVENT BEING STAGED The premises shall not be used for the staging of any event other than that specified in the agreement form. 5. INSURANCE The Hirer must acquire adequate liability and indemnity insurance for the purposes of the production and in any case to acquire an indemnity of not less than £5,000,000 (five million pounds) against damage to the premises caused by its negligence or failure in respect of care or concern for the premises. The Hirer must provide a copy of this insurance policy to the Harlow Playhouse prior to the first performance. A copy of the Hirer’s insurance certificate must by posted on the notice board adjacent to the Stage Door throughout the hire period. Nothing shall be done or be suffered or permitted by the Hirer to be done in or about the premises whereby any policy of insurance effected by Harlow Playhouse may become void or voidable and in the event of the Hirer staging an event involving an increase in the amount of premium in respect of such policy then the Hirer shall pay to Harlow Playhouse before the commencement of the Hiring period the amount of such increase AND if the same is not paid as aforesaid the deposit and balance (if paid) shall be forfeit to Harlow Playhouse and the rights of the Hirer shall forthwith determine without prejudice to any remedies of Harlow Playhouse under these conditions. 6. COMPLIANCE WITH THE CONDITIONS a) The Hirer shall at all times observe perform and comply with and shall secure the due observance and performance by others of: i) The terms conditions restrictions and requirements of any Act of Parliament Statutory Instrument Regulation or Licence under which the premises may be used ii) These Conditions or any direction or Consent made or given by the Harlow Playhouse Manager hereunder AND if the Hirer shall in the opinion of the Harlow Playhouse Manager do or permit or suffer to be done or shall fail to do any act or thing whereby the same may be infringed or any Licence be liable to suspension or forfeiture or the renewal or transfer thereof refused or endangered then the Harlow Playhouse Manager may without notice forthwith determine the rights of the Hirer under this Agreement and during the hiring period the Harlow Playhouse Manager shall at his absolute discretion be at liberty to suspend or control to any extent and in any way he may deem necessary any matter or proceeding which in his opinion is not in accordance with these conditions PROVIDED THAT such action will not render Harlow Playhouse or the Harlow Playhouse Manager Liable for any loss or damage in respect of such suspension or control or release the Hirer from any of his obligations under these conditions and shall be without prejudice to the remedies of Harlow Playhouse under these conditions. b) The Hirer shall indemnify and keep indemnified Harlow Playhouse from and against any loss of revenue or benefits damages costs liabilities and expenses that may be suffered or incurred owing to the breach non-observance or non-compliance with this Clause or any part thereof. 7. PUBLIC ORDER The Hirer shall not permit or suffer any thing to be said or done in or about the premises which is subversive of law and order or calculated or likely to lead to a breach of the peace of which may injure or tend to injure the reputation of the premises or Harlow Playhouse. 8. LIABILITY FOR DAMAGE a) The Hirer shall at his own expense make good any damage caused by his act or neglect (including accidental damage) to the premises or the loss of or damage to any article or thing supplied therewith to the satisfaction of the Harlow Playhouse Manager who shall as soon as is reasonably practicable supply to the Hirer a written statement of any such loss or damage which statement shall be final and conclusive for the purpose of this Clause AND if the Hirer fails to make good any such damage within a reasonable time of receipt of the written statement then Harlow Playhouse themselves shall make good the same and the Hirer shall pay or allow Harlow Playhouse the cost thereof which sum Harlow Playhouse may deduct from any monies due to or to become due to the Hirer. b) The Hirer will be charged for any additional cleaning that may be required due to misuse of the Dressing Rooms or Backstage Areas. 9. EXCLUSION OF LIABILITY Harlow Playhouse will not be responsible for: a) Any death or injury which may be caused to or be done or happen to the Hirer or to any other person or persons resorting to the premises by reason of the use thereof by the Hirer save insofar as such death or injury results from the negligence of Harlow Playhouse or any damage or theft or loss of any property goods or articles or things whatsoever belonging to the same deposited brought onto or left upon the premises or left or deposited with Harlow Playhouse (whether or not by the negligence of Harlow Playhouse) AND the Hirer shall indemnify and keep indemnified Harlow Playhouse from and against legal liability in respect of all losses damages actions proceedings suits claims demands costs liabilities and expenses arising out of this part of this Clause. b) Any consequential loss or damage of equipment or personal belongings suffered by the Hirer. c) Any loss due to the breakdown of machinery failure of supply of electricity leakage of water fire government restriction or act of God which may cause the premises to be temporarily closed or the staging of the event to be interrupted or cancelled. 10. TERMINATION Harlow Playhouse may terminate this Agreement at any time by written notice to the Hirer a) If the premises are closed in consequence of any public or war calamity, air raids or warning thereof, riot or civil commotion, Royal Demise, epidemic, terrorist act or warning thereof, or by reason of any alterations or other work required to be done by the licensing or other Authority b) If the premises are destroyed or damaged by fire, flood, act of God or any accident whatsoever c) If any work is being or is to be carried out in on over or under the premises AND Harlow Playhouse shall not be liable for any loss or damage arising out of the termination of this Agreement under this clause PROVIDED THAT the deposit and (if paid) the balance shall be repaid by Harlow Playhouse to the Hirer. 11. FRONT OF HOUSE STAFFING OF EVENTS The performance hire fee includes the cost of a Duty Manager who shall have absolute authority for all Front of House aspects of the performance. It is a stipulation of the contract to hire that the hirer shall pay for 4 Ushers per performance in the Main Auditorium and 2 Ushers per performance in the Studio Theatre. 12. TECHNICAL STAFFING OF EVENTS The basic hire fee for performances (but not rehearsals) includes the cost of one member of technical staff. who shall be the Stage Manager for the said event and shall have absolute authority over the hirer or any persons entering the premises on behalf of the hirer. Harlow Playhouse is able to provide additional staffing in all areas the cost of which will be re- charged to the Hirer at the appropriate hourly rate. The Stage Manager shall not be used by the hirer to fulfil any required role and all other staffing requirements shall be the responsibility of the hirer provided that the following conditions are adhered to: a) The Fly Floor and Flying system, Lighting Desk and Sound System situated in the control room at the rear of the Main Auditorium can only be manned and operated by qualified Harlow Playhouse staff. Should the Hirer wish to make use of these facilities they shall be liable for staff charges at the relevant hourly rate. b) The Hirer must ensure that adequate personnel are provided for the efficient get–in, fit–up, running of the production and get–out. If, in the opinion of the Harlow Playhouse Manager, any personnel are acting in a manner deemed liable to cause danger to themselves or others, they will be barred from all non-public areas c) Should the Hirer wish to provide personnel for follow spot duties it is the responsibility of the Hirer to provide, in advance, proof of their competency and ability to perform the specific technical functions. If, in the opinion of the Harlow Playhouse Manager, any personnel are not suitably qualified for any given post, Harlow Playhouse shall provide trained personnel and the hirer shall be charged accordingly. d) All technical staff are required to take a minimum of a half hour break every four hours worked, during these periods the Hirer and any member of their personnel or cast must leave the Stage area. The Technical Manager will inform the Hirer when these breaks will take place. 13. PROVISION OF EQUIPMENT & EQUIPMENT HIRE a) All equipment brought onto the premises including backstage areas and dressing rooms by the Hirer or Company must comply with current legislation and if applicable be accompanied by the relevant certification. b) The Hirer shall not bring any equipment furniture or property whatsoever onto the premises without the previous consent of the Harlow Playhouse Manager who shall have the right to call for full particulars thereof. c) The hire price includes access to all equipment as specified in the technical specification for the relevant area. (NB Your attention is drawn to “The Stage” heading in the Mainhouse Technical Specification.) d) No alterations to the standard rig as seen in our technical specifications shall be made without the direct authorisation of the Technical Operations Manager. Additional technical equipment and scenery can be hired from Harlow Playhouse, the cost of which will be charged on to the hirer. (Please see our list of internal hire prices for latest charges) 14. SUPPLYING OF FACILITIES Harlow Playhouse shall have the sole and exclusive right of: a) Supplying to the public all drinks and food in the premises during the hiring period AND the Hirer shall not supply or attempt to supply any such articles without the express permission of the Harlow Playhouse Manager b) Operating the Box Office in the premises AND Harlow Playhouse may retain all box takings or other monies received by them in respect of the staging of the event until the conclusion of the hiring period and shall be entitled to deduct and retain from the same such percentage thereof as is specified as Box office Commission and such other sums as may be or become due to Harlow Playhouse under these Conditions. No tickets of admission are to be issued or sold by the Hirer except those provided by or approved by the Harlow Playhouse Manager. 15. HOUSE SEATS Harlow Playhouse shall be entitled at the Harlow Playhouse Manager's discretion to reserve ten seats per performance in the main house and four seats per performance in the studio to be known as house seats. Such house seats are to be available for use at the Harlow Playhouse Manager's discretion for the provision of free admission to press and others whom the Harlow Playhouse Manager deems to be entitled to such free admission. It will be at the sole discretion of the Harlow Playhouse Manager that house seats not required will be made available for public sale. Spaces for wheelchair users are restricted, if you require a wheelchair space for one of your company seats, this must be booked directly with the Marketing & PR Manager or the Box Office. 16. ADMISSION TO AUDITORIUM At no time should any member of the audience or cast be seated in any area other that the designated seating area. The aisles and side blocks without seats are not deemed as a designated seating area. No person will be admitted into the auditorium during a performance who does not hold a valid ticket. The final judgement shall remain with the Harlow Playhouse Manager or his designated representative, usually the Front of House Manager. 17. ALCOHOL Alcohol is not permitted backstage or any other part of the venue without the prior written consent of the Harlow Playhouse Manager. 18. SMOKING Harlow Playhouse operates a No Smoking policy and smoking in any area is strictly prohibited. 19. CHILDREN AND CHAPERONES For the purposes of Children in Entertainment, a child is a person aged from birth until the end of their compulsory schooling. Where children are involved in a production, the hirer shall ensure that the following conditions are adhered to: a) The Hirer will ensure that the appropriate local authorities are contacted and permissions/exemptions gained for all children. b) The Hirer will ensure that appropriate numbers of licensed and trained chaperones are arranged to manage children, as set out by the appropriate local authority. c) That all chaperones and others involved in the production and whom have access to any backstage area are clearly identifiable by the use of company name badges or some similar device. d) That no parents or other personnel are allowed into the backstage area of Harlow Playhouse at anytime or for any reason other that to attend to their child in an emergency. The definition as to what constitutes an emergency situation shall be at the sole discretion of the Harlow Playhouse Manager. e) With particular reference to point 27b (Entry to the Premises), the hirer shall at no stage allow the rear entry doors to be left open without a designated door person in attendance The Harlow Playhouse Manager reserves the right to immediately, and without notice, cancel any event involving child performers where the above clauses (a-e) have not, in his opinion, been adhered to. In this instance all costs will be applied to the visiting company. 20. MAXIMUM NUMBER OF PERFORMERS The Hirer shall undertake that the maximum number of performers admitted to the premises during the hiring period shall be as stated in the relevant licences and that these numbers shall not be exceeded. The maximum number of cast, crew, teachers, chaperons etc shall not exceed 150 in the Back of House areas. 21. MARKETING OF HIRED EVENTS & SUPPLY OF PROGRAMME COPY a) The responsibility lies with the company to promote its event. The Hirer shall provide full written particulars to the Harlow Playhouse General Manager of the programme of any entertainment by the due date stipulated in the hire agreement. The Hirer is responsible for ensuring the accuracy of all such information provided which subsequently Harlow Playhouse may use in good faith for the purpose of publicising the event. Harlow Playhouse retains the right to edit such copy in any way it deems suitable for entry in the seasonal brochure. A charge will be levied to the company for entry into the brochure (current charges available on request from the Marketing & PR Manager). b) The Harlow Playhouse General Manager makes no guarantee as to the amount of copy that shall be used and as to the size or format that any entry in the seasonal brochure shall take (subject to availability). Any other form of advertising or marketing for any hired event shall be entirely at the discretion of the Harlow Playhouse General Manager and no guarantees whatsoever are made as to the amount or format of such advertising or marketing. 22. DISPLAY OF ADVERTS The Hirer shall not display or suffer or permit to be displayed any flags, emblems, placards, posters, notices, advertisements or decorations whatsoever except with the previous written consent of the Harlow Playhouse Manager and then only in such positions as he may approve. Should the Hirer request to use Harlow Playhouse’s mobile display boards (subject to availability), a £25 daily charge (£50 weekly charge) will be imposed, which will be included along with any other equipment hire charges. Any damage to these display boards will be charged to the Hirer. 23. SALE OF PROGRAMMES AND MERCHANDISE It is standard policy that programmes and merchandise (including any sale of photographs) shall be sold only by representatives of the hirer and not by Harlow Playhouse, its staff or their representatives. Any sales of programmes or merchandise will be subject to a commission charge payable to Harlow Playhouse on the night of each performance. This charge will be 15% if the company sells its own programmes or merchandise and 20% if Playhouse staff are asked to sell, subject to their availability. Prior consent should be sought if Playhouse staff are asked to sell. Financial reconciliation will take place following the performance. The Hirer may only sell programmes or merchandise in the designated areas and with the prior consent of the Harlow Playhouse Manager. The Harlow Playhouse Manager may refuse or withdraw permission to sell programmes or merchandise at any time and without prior notice. 24. COPYRIGHT a) It is the responsibility of the Hirer to ensure that all material performed has the express consent of the copyright owner or owners for the performance or performances specified in the agreement form b) No copyright work shall be performed without the consent in writing of the owner of the copyright and the Hirer shall produce such consent to the Harlow Playhouse Manager not less than fourteen days before the commencement of the hiring period. c) Where copyright music (the performing rights of which are vested in the Performing Right Society Limited) is to be performed Harlow Playhouse will re-charge to the hirer the rate or amounts which have been specified to the Harlow Playhouse by the Performing Right Society as being relevant to that performance or event and which have been detailed in the agreement form. 25. RECORDING OR TRANSMISSION OF THE EVENT a) The Hirer shall not record or transmit or suffer or permit the recording or transmission by television video radio or recording apparatus or any other means or any part of the event staged at the premises or the taking of photographs of the same except with the previous consent of the Harlow Playhouse Manager. To photograph or video a production with performers under the age of sixteen years it is the Hirer’s responsibility to obtain written permission from the parent/guardian for each child. b) Where photos/videos are sold or orders taken the appropriate parent/guardian permission must be sought and a commission payable (copies of which must be provided to the Playhouse). 26. ENTRY TO THE PREMISES a) The Hirer and company must enter and exit through the Stage Door at all times. b) Access must be kept to the times agreed with the Harlow Playhouse Manager. Showcall is based on a 4 hour period commencing one hour prior to the performance start time, unless otherwise arranged with the Technical Manager and will be subject to charges. c) Access to the Dressing Rooms is available 30 minutes prior to Show Call (this is to the Dressing Rooms only and not the Studio or Main Stage). d) For the hire period Harlow Playhouse will provide a Doorman who will provide access at the Stage Door and who will sign in and out all company members of the Hirer. Hirers are requested to provide the Technical Department a list of all members of their group a minimum of one week prior to the event. The list should include cast, crew, chaperones and any other persons involved in the production. e) The Stage Door (and all other doors on the premises) must not be wedged open at any time. 27. SECURING THE PREMISES The Harlow Playhouse Manager shall be solely responsible for the unlocking and locking up of the premises when necessary and at the start and finish of the hiring period respectively and the keys of the premises shall at all times be retained by the Harlow Playhouse Manager. 28. PARKING a) No vehicles may be brought onto Harlow Playhouse premises without the previous consent of the Harlow Playhouse Manager. Access to the premises may be time limited. b) No parking or unloading shall take place on any part of the footpath or paved area surrounding the premises without the previous consent of the Harlow Playhouse Manager. 29. ALTERATIONS No alterations shall be made to the structure fittings decorations or furnishings of the premises without the previous written consent of the Harlow Playhouse Manager and subject to such conditions as he may impose and all such alterations as are permitted shall be carried out at the expense and risk of the Hirer. To view Harlow Playhouse’s stage rules visit the website (www.playhouseharlow.com) 30. EXPLOSIVES, WEAPONS ETC No weapon, explosive, laser apparatus, gases (including dry ice), highly inflammable spirits or naked flame shall be brought onto or used on the premises without the previous written consent of the Harlow Playhouse Manager and the Hirer shall ensure that the event staged does not involve danger to the public. All the laws apply. 31. FIREPROOFING AND SET CONSTRUCTION a) The Hirer shall fireproof adequately and so maintain to the satisfaction of the Harlow Playhouse Manager all scenery curtains and properties used in the staging of the event. Harlow Playhouse reserves the right to restrict set and scenery if it is not satisfied. b) Set and scenery must be constructed to a satisfactory standard by competent persons. Harlow Playhouse reserves the right to restrict set and scenery if it is not satisfied. 32. ANIMALS Appropriate written permission must be sought from Harlow Playhouse General Manager and the relevant body a minimum of four weeks prior to the performance. 33. FREEDOM OF PASSAGE The Hirer shall ensure that all doors, gangways, passages, corridors, entrances and exits are kept clear, unfastened and unobstructed during the hiring period. 34. COLLECTIONS No collection shall be made on the premises by or on behalf of the Hirer except with the previous consent of the Harlow Playhouse Manager. 35. ACCESS TO BACKSTAGE The Hirer shall not permit any persons not engaged in staging the event to visit the areas except front of house except with the previous consent of the Harlow Playhouse Manager. 36. NOT TO TRANSFER OR SUB-LET The Hirer shall not transfer assign or sub-let his rights under this Agreement and shall not part with or share the use of the premises or any part thereof without the previous written consent of the Harlow Playhouse Manager. 37. NOTICES Any notice payment or request by Harlow Playhouse or the Harlow Playhouse Manager to the Hirer may be given or made in the name of the Harlow Playhouse Manager and may be sent by ordinary prepaid post addressed to the Hirer at the address given in the agreement form and if sent by such post so addressed shall have been deemed to have been served at the time that the letter containing the same would have been delivered in the ordinary course of post. 38. GET OUTS a) The hire fee includes the use of Harlow Playhouse on the final performance night for 30 minutes after curtain down for the purpose of the get-out after which hourly charges will be levied at the current rate. b) The get-out will be deemed to have been completed when the premises have been returned to the state which had existed at the time of the get-in and which includes restoration of any altered paintwork. It is the Hirer’s responsibility to ensure that the stage is repainted black at the end of the get-out. c) Any work which has to be undertaken by Harlow Playhouse staff to return the premises to the state which had existed at the time of the get-in will be charged to the Hirer at the current rate. d) All equipment furniture or property whatsoever brought in by or on behalf of the Hirer shall be removed from the premises immediately at the end of the hiring period. If any delay is occasioned in the locking up of the premises due to the Hirer not having so removed his equipment furniture or property within the time permitted then the Hirer shall be liable for such additional charge as the Harlow Playhouse Manager may determine and shall pay or allow the same to Harlow Playhouse which sum Harlow Playhouse may deduct from any monies due to or to become due to the Hirer. 39. UNAUTHORISED STORAGE Any item left by the Hirer after the get out must not be stored on the premises without the written consent of the Harlow Playhouse Manager. Any unauthorised items will be disposed of at the expense of the Hirer. 40. FIRE DOORS Fire Doors must not be wedged or blocked open but must remain free from obstruction at all times. 41. ACCIDENTS The Hirer must report to the Harlow Playhouse Manager or his representative immediately any accident which happens to or is suffered to happen to any member of the Hirer's cast or crew as soon as is practicable following the accident. 42. HEALTH AND SAFETY The Hirer shall ensure that all members of the Hirer's company comply fully with the rules, regulations, measures and procedures established by Harlow Playhouse to ensure compliance with the Health and Safety at Work Act 1974 and all subsequent Regulations. The Hirer further warrants that all scenery properties and equipment and the operating or handling procedures for these and the conduct of rehearsals and performances shall comply with the above act and regulations. Failure to comply with any of these requirements may result in immediate closure of the performance without liability or indemnity against losses sustained by the Hirer. 43. VALUE ADDED TAX The Hirer shall collect, receive and be the legal and beneficial owner of the box office takings and shall be accountable to HM Customs and Excise for all chargeable VAT if any. Harlow Playhouse shall collect any monies owed from Box Office takings. 44. DELIVERY OF GOODS AND SERVICES The Hirer shall not instruct or permit to be instructed any provider of goods or services to make delivery of such goods or services to the premises without the previous consent of the Harlow Playhouse Manager. FOR FURTHER INFORMATION CONTACT SCOTT RAMSAY BRIAN PALMER GENERAL MANAGER FRONT OF HOUSE MANAGER 01279 446740 01279 446701 email@example.com firstname.lastname@example.org PETER HARPIN JOHN HARTY TECHNICAL OPERATIONS MANAGER FACILITIES MANAGER 01279 446747 01279 446703 email@example.com firstname.lastname@example.org MARK FLETCHER JILL CHAMBERS MARKETING & PR MANAGER ADMINISTRATOR 01279 446739 01279 446704 email@example.com firstname.lastname@example.org I SIGN THIS AGREEMENT ON BEHALF OF: WHOSE AUTHORITY I HAVE TO COMMIT TO THE TERMS AND CONDITIONS OF WHICH I HAVE READ AND FULLY UNDERSTAND SIGNED:_____________________________________DATE: ____________ (For The Hirer) SIGNED:_____________________________________DATE: ____________ (For Harlow Playhouse) This version of the Hirers conditions of contract is correct at the time of print. Please check www.playhouseharlow.com for the latest edition.
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