Edwin S. Porter Theater Steering Committee

Edwin S. Porter Theater 201 East Fairview Avenue Connellsville, Pennsylvania 15425 June 2012

Steering Committee Proposal

Copyright 2012- Fayette County Cultural Trust

Mission Statement The Edwin S. Porter Theater Steering Committee was organized for the benefit of members of the community to provide education, entertainment and exposure to cultural experiences. The objective for the committee is to become a resource for both the residents and businesses of the greater Connellsville area and to enrich the cultural depth and education of the community at large. The Edwin S. Porter Theater strives to encourage community based cultural development and creative expression, as well as to provide entertainment for the community as a whole.

June 2012 Copyright 2012-Fayette County Cultural Trust

Edwin S. Porter Theater Steering Committee 201 East Fairview Street Connellsville, Pennsylvania 15425 Chapter 1 through Chapter 5

– Edwin S. Porter Theater Steering Committee Chapter 1 - - ESTABLISHMENT OF the Edwin S. Porter Theater Steering Committee Section 1. Steering Committee Terms Section 2. Required Meetings Section 3. Steering Committee Officers 4. Removal and Vacancies The Connellsville Community Center does by this ordinance establish, from the citizens residing within the city of Connellsville, a Theater Steering Committee with powers and duties hereunder specified.

Section 1. Steering Committee Terms. A Steering Committee of seven (9) persons, with one (1) alternate, is hereby established. Five people will be selected by the Fayette County Cultural Trust and four people will be selected by the Connellsville Community Center Board. Persons selected will reside within the Connellsville Area School District.

A term

shall consist of two years with additional terms approved by the Theater Steering Committee. The terms shall be staggered.

Terms of office expire on June 30 of each year. The Theater Manager shall not be considered a member of the Theater Steering Committee.

Section 2. Required Meetings. Steering Committee members shall meet as often as the Theater Steering Committee or Community Center Board deems necessary and shall, annually, determine a regular meeting time and place by majority vote with a quorum present. Other meetings may be scheduled, as the need arises, by the Committee Chair.

Section 3. Steering Committee Officers. The Committee shall annually elect a Chairperson and Secretary for the fiscal year.

The duties of the Chairperson are to assure that all meetings are appropriately scheduled, conduct all meetings, to make proper and needful assignments to the Committee members and the Theater Manager, and to perform all other functions necessary to assure that the Committee serves the best interest of the city of Connellsville. In the absence of the Chairperson, a Chair pro-tempore shall be elected by the Committee members present to take charge of a particular meeting.

The Secretary shall 1) take, clarify, and transcribe minutes; 2) assure that agendas are appropriately posted; and 3) assure that minutes and agendas are appropriately displayed on the Downtown Connellsville & Fayette County Cultural Trust Website.

Section 4. Removal and Vacancies. Any Committee member may be removed at the discretion of the Steering Committee.

Repeated failure to carry out assignments, absence at three (3) consecutive meetings, or absence at five (5) meetings in any twelve (12) month period may be sufficient grounds for removal. The Steering Committee, by majority vote, may recommend removal of any Committee member for discussion and/or action.

In the event of a premature vacancy in the Steering Committee, the alternate shall take the place of the vacating member.

A new alternate Committee member shall be appointed by the provisions of this Ordinance for the unexpired term of the alternate vacating the Committee.

Chapter 2 - - DUTIES OF Theater Steering Committee Section 1. Duties of The Edwin S. Porter Theater Steering Committee Section 1. Duties of Edwin S. Porter Steering Committee. The Committee shall: 1) Meet as outlined in Section 2 above.

2) Actively promote and market the Edwin S. Porter Theater for the enhancement of the arts in Connellsville and surrounding area.

3) Recommend and apply for grants, bequests, gifts, donations, or funds for the benefit of the Theater.

4) Give general guidance and direction to, and receive regular reports from, the Theater Manager.

5) With advice and consent of the Connellsville Community Center & The Fayette County Cultural Trust Boards, establish the operating procedures of the Theater and its acceptable uses and fees.

6) Forecast, annually, the events to be produced in or through the auspice of the Theater.

7) Report not less than annually to the Connellsville Community Center board, in a regularly scheduled meeting, those items deemed important to the Committee such as funding issues, use statistics, use policies, capital needs, physical facility concerns, trends, and/or other items of importance.

8) Assure that the Theater is not used for shows, exhibits, or other uses that are primarily prurient in nature.

9) Assure adherence to and/or initiate the provisions of this ordinance.

Chapter 3 - - THEATER MANAGER 1. Theater Manager Section 2. Powers and Duties Section 3. Vacancy Section 4. Non-Manager Section 1. Theater Manager. A Theater Manager (Manager) may be hired according to the appropriate job description and personnel policy, to care for the basic maintenance and day- to-day care of the Theater. The Manager shall adhere to the procedures set forth by the Steering Committee and the policies of the Committee and the Connellsville Community Center.

Said Manager shall carry out the wishes of the Committee and report to the Committee, on a monthly basis, regarding the level of completion of items identified for action, new items of concern, scheduled events, financial condition, and issues generally related to the Theater.

Said Manager shall be paid from the funds of the Theater.

Section 2. Powers and Duties. The Manager shall not be a voting member of the Committee and may not act as an elected officer of the Committee. The Manager may, however, with the approval of the Committee, act as the executive officer of the Committee, carry out policies and act as spokesperson for matters involving the Theater so long as the Manager continues to express the defined wishes and intents of the Committee regarding the Theater. The Manager will assist the

Committee in marketing and advertising the Theater, generally care for the calendaring and maintenance of the Theater and, in general, coordinate all activities, public and private, related to the Theater.

The Manager shall be present during all times when the Theater is in use unless the Theater is being used for extended rehearsals. During these times the Manager must take adequate measures to assure that the Theater & Community Center is opened and locked as necessary and that the physical elements of the Theater are adequate for the needs of the users.

The Manager shall take an inventory of Theater Equipment before and after each usage. The Manager shall attend all meetings of the Steering Committee excepting, unless invited, legal and lawful executive sessions.

Section 3. Vacancy. In the event that the Manager resigns, is terminated or cannot fulfill the duties of the Manager, a search committee will be established by the Theater Steering Committee. Said committee will consist of not less than two (2) members of the Board.

Section 4. Non-Manager. In the event that the Theater is temporarily or permanently without a Theater Manager, the Chairperson shall assure that the Committee members are assigned to perform the tasks as outlined in Chapter 3.

Chapter 4 - - FUNDING AND COMPENSATION 1. Funds and Funding (Accounts Receivable, Accounts Payable, Petty Cash ) 2. Compensation Section 1. Funds and Funding (Accounts Receivable, Accounts Payable, Petty Cash). Annual budgetary funding for the Theater shall be independent from the Community Center Funds and be in compliance with generally accepted accounting principles for municipal governments and auditory regulations. The Committee Officers and Manager will be active participants in the budgetary process, both capital and operational.

Petty cash or any like system will not be allowed. Neither the Manager nor Committee members shall be allowed to expend cash from any source. All monies collected from the use of the Theater shall be deposited with the appropriate account of the Theater within twenty-four (24) hours of receipt. These monies will include monies for the use of the Theater, box office receipts, vending receipts, donations, and all other monies.

Section 2. Compensation. With the exception of the Manager, neither Committee member nor participant shall be compensated for his or her time, efforts, travel, profession, work or labor in or for the Theater unless recommended by the Theater Steering Committee and pre-authorized by the Committee.

Chapter 5 - - FINAL AUTHORITY 1. Final Authority Section 1. Final Authority. The Edwin S. Porter Theater Steering Committee is the recognized operator of the Edwin S. Porter Theater and shall be the final authority on any action related to the Theater.

June 2012 Copyright 2012-Fayette County Cultural Trust

Edwin S. Porter Theater Theater Manager Job description The Edwin S. Porter Theater manager has responsibility for the personnel, financial and administrative aspects of the theater. They need to be commercially minded and may be responsible for leading marketing and publicity activities.

The theater manager recruits and manages staff and volunteers from the box office to back stage and will be responsible for HR processes such as training. Customer care is also a crucial part of the role to ensure the public get the most out of their experience when visiting the theater.

Ensuring that a theater works successfully on a commercial and a practical level requires a passion for theater, enthusiasm and a hands-on approach.

Typical work activities Tasks may typically include: 

          

planning forthcoming events, which include applying knowledge of audiences, ensuring a balance between different types of productions, being aware of which productions have been well received elsewhere and accepting new work offered by reputable production companies; liaising and negotiating with production companies to plan the program of work; getting involved in the commissioning of new pieces of work; taking responsibility for all volunteers in the theater, who may be involved in areas such as marketing, finance and artistic production; overseeing training for front of house and stage door staff; liaising closely with the theater’s Steering Committee; ensuring that the theater meets the requirements of legislation such as health and safety and licensing laws (theater managers may act as licensees); attending marketing meetings and undertaking marketing activities; dealing with the budget and exercising financial control; negotiating with any charities and funding bodies providing financial backing; speaking and lobbying at arts-related conferences; networking with local industry, local communities, educational organizations, relevant bodies and the public;



   

carrying out educational work by promoting arts participation in the community, which may include visiting schools, colleges, community centers and youth clubs to encourage the public to engage in professionally-led artistic activities; Keeping in touch with other theater managers and producers in order to stay up to date with developments and new productions.

Keeping account of theater assets.

Starting new programs such as community movie nights.

Working with the State Theater in Uniontown to promote sustainable programs between theaters.

June 2012 Copyright 2012-Fayette County Cultural Trust

Raising Money Ideas for the Edwin S. Porter Theater Raising money for community-theater projects can be challenging, but it's necessary. Most community theaters would not exist without help from the community. There are various ways to go about raising money for charities and organizations, but not all ways will work when it comes to Community Theater.

A different approach must be taken in order to draw out supporters.

1. Contact local businesses for sponsorships. This is a great way to get large sums of money. In exchange, offer to put the business' name in the theater's printed programs and newspaper ads, and/or on a sign at the theater. A sponsor packet should consist of, an introduction letter, information about Community Theater in general and reasons to sponsor the theater.

2. Sell program ads to companies and other businesspeople. Keep the rates affordable, and place these ads in the program for each play. Approach all local businesses and even independent professionals, such as insurance agents and realtors.

3. Host a children's acting class or workshop. Contact a local actor to conduct the class, and split the proceeds, with half going to the teacher and half to the theater. This is also a great way to start training kids for future theater productions 4. Set up booths at local fairs, festivals and farmers markets. Talk to everyone who passes by, and put out a donation jar. Bring lots of handouts promoting the theater. If you have an upcoming play, selling tickets at such an event is a good idea, too.

5. Show movies to the community. See if a business would be willing to sponsor a movie in exchange for advertising. Charge a small fee for people to see the movie.

6. Sponsor an auction in the theater.

June 2012 Copyright Fayette County Cultural Trust

Edwin S. Porter Theater Planning A Successful Movie Night Event The Edwin S. Porter Theater is equipped with state of the art movie showing equipment. Why not put it to use, plan a community movie night, and make a little money. Planning a movie event at the Edwin S. Porter Theater should be an easy process from start to finish. To aid you in the process, I’ve put together a checklist of things to do and consider when planning your program.

Movie Exhibition Request Company Swank Motion Pictures New York www.swank.com In the months/weeks leading up to your event Reserve rooms, outdoor venues and equipment needed for your event.

Double check the facility for technical requirements.

Check with Swank Motion Pictures, Inc.® for movie availability. Once your movie order is placed, you will receive a written confirmation from your Swank Account Executive. Check the confirmation for accurate dates, titles and shipping address.

Plan your ad campaign.

Mail invitations, emails and/or newsletter.

Display event signs in your facility or on your grounds or around town.

Two business days before your show Has your movie arrived? If not, follow-up with your account executive.

Test run the entire movie. Check for any issues with the film and your equipment. If you have difficulty with your movie, contact SWANK immediately.

Night of the show Announce your next movie and other upcoming events.

Distribute Thank You’s accordingly.

Enjoy yourself since you’ve planned a successful show!

Take pictures of the event Day after the show

Bring the movie back to your shipping and receiving office with the return label on the outside of the box.

If you charged admission for your event, make sure to complete your audience report.

Other things to consider Do you need security?

Will you need a clean-up crew?

Do you want to have concessions?

Do you want to use giveaways?

What type of staffing/ volunteers will you need?

Could you secure a corporate sponsorship?

Being Creative in Partnering Ideas Partner with the State Theater for the Arts in Uniontown on movie nights. Share the cost on getting a license to show two movies. Show the “Part 1” of a movie at the State Theater, and show the “Part 2” of the movie at the Edwin S. Porter Theater.

Exhibition Request Form Please complete all sections on this form and fax it to: (314) 909-0879, Attention: Tiffany Greenwood Or email to: tgreenwood@swank.com ***If you are exempt from state sales tax, please be sure to fax a copy of your STATE sales tax exemption certificate with this form (must be signed and dated)*** Organization Name: ________________________________________________________________ Contact Person: __________________________________ Job Title: ________________________ Phone Number: ____________________________ Fax Number: ___________________________ Email: ____________________________________________________________________________

Mailing Address:

Billing Address (if different from mailing):

_____________________________________

_______________________________________

_____________________________________

_______________________________________

_____________________________________

_______________________________________

Shipping Address (cannot ship to a PO Box, Must be an On Campus, physical address): ______________________________________ ______________________________________ ______________________________________

Credit Card Information (Optional): (we accept VISA, MasterCard, American Express and Discover) ________________________________ ___________________________________ _________ Name as it appears on card Card Number Expiration  Please check this box if you would like us to keep this credit card on file for future orders

How did you hear about us?  Website  Magazine Ad  Studio referral  Convention, please specify:________________________________________________________  Referral from a current customer, please specify:______________________________________  Referral from an equipment provider, please specify:___________________________________  Other, please specify______________________________________________________________

Are you renting equipment? If so, from who?_____________________________________________

TERMS AND CONDITIONS: 1. Once you place an order for movies with Swank Motion Pictures, we will give you an immediate verbal confirmation of your order, if possible. Additionally, Swank Motion Pictures will mail you a written confirmation once the movie is booked. REVIEW YOUR CONFIRMATION. You must call Swank Motion Pictures at 1-800-876-5577 if your written confirmation is not correct. Please note that your movie is not confirmed until you receive a printed confirmation from Swank Motion Pictures. We do not recommend promoting your screening prior to receiving this confirmation. The obligation of Swank Motion Pictures, Inc. to furnish films is subject to the continued location approval by the producer and to the availability of prints.

2. Pricing is based on several factors including your attendance and is for one day’s rental.

Additional fees will apply to multiple show dates. It is your obligation to inform your Swank Account Executive if there is a significant change in your crowd size. Your Account Executive may make pricing adjustments based on this information. Pricing is strictly confidential.

3. If admission is charged for your event, your movie rental rate is the quoted rental price OR 50% of your gate receipts, whichever is greater. Audience reports must be completed and submitted to Swank Motion Pictures through your online account or mail in form within 24 hours of your event. Failure to return the audience report could delay the shipment of future orders.

4. Prepayment is due on the first three movie shipments. Any film may be canceled or changed without obligation provided that Swank Motion Pictures receives written notification ten (10) days prior to the ship date of the movie listed on your order confirmation, or the full licensing must be paid. If you encounter an unforeseen circumstance which causes you to have to cancel your screening after the film has shipped, please contact your account executive the following business day and we will allow you to reschedule the same movie within one year of the original show date; you must pay the original invoice and you must pay the cost of shipping for us to send it back out to you.

5. We must ship a licensed copy of the film out for your event. Movies are scheduled to ship to arrive at least two business days prior to your show date to allow for a preview. If your print has not arrived, you must call Swank Motion Pictures at 1-800-876-5577. Payment of your full rental fee is required if there is no notification to Swank Motion Pictures one (1) business day prior to show date. Once the movie has arrived a preview of the movie in its entirety and in the actual equipment that will be used for your screening is required; previewing movies in your home equipment will not suffice. If you find that the movie is damaged or your player and movie are incompatible, contact your Swank Account Executive immediately. At that time all efforts will be made to resolve the problem. No adjustments or refunds will be given if we are not alerted at least one business day prior to your screening date regarding damaged/incompatible movies. Movies are to be returned the following business day after your show. Late fees will apply for late returns.

6. These motion pictures are specifically licensed for non-theatrical showings only. We encourage you to inform your organization’s members and patrons via on-premise bulletin boards, newspapers, social media sites, college website, emails and private mailings.

Paid advertising through media such as public radio, public television or public newspaper is discouraged; however you may list your event in the calendar of events section of your local newspaper. If this policy is violated, or becomes openly competitive with a commercial theater, all shows will be canceled WITHOUT notice.

The obligation of Swank Motion Pictures, Inc. to furnish films is subject to the continued location approval by the producer and to the availability of prints.

Authorized Signature: ________________________________________________________________ Please Print Name: _____________________________________________ Date: _______________

Movie Title Requested: ________________________________Date of Screening: ____________ Name of Event or Reason for Screening: _______________________________________________ Name of Screening Location: ________________________________________________________ Address of Screening Location: ______________________________________________________ Indoors or Outdoors: _________________ Format (DVD, Blu-Ray, 35mm):___________________ Are you charging admission? _________________

If so, how much? ______________________

Capacity of venue (# of seats): ______________ Anticipated Audience Size: ________________

Movie Title Requested: ________________________________Date of Screening: ____________ Name of Event or Reason for Screening: _______________________________________________ Name of Screening Location: ________________________________________________________ Address of Screening Location: ______________________________________________________ Indoors or Outdoors:_________________

Format (DVD, Blu-Ray, 35mm):__________________

Are you charging admission? _________________

If so, how much? ______________________

Capacity of venue (# of seats): ______________ Anticipated Audience Size: ________________

Movie Title Requested: ________________________________Date of Screening: ____________ Name of Event or Reason for Screening: _______________________________________________ Name of Screening Location: ________________________________________________________ Address of Screening Location: ______________________________________________________ Indoors or Outdoors: _________________

Format (DVD, Blu-Ray, 35mm):_________________

Are you charging admission? _________________

If so, how much? ______________________

Capacity of venue (# of seats): ______________ Anticipated Audience Size: ________________

Edwin S. Porter Theater 201 East Fairview Avenue Connellsville, Pennsylvania 15425

Program Advertising THIS AGREEMENT made this ________ day of _________, by and between the Edwin S. Porter Theater and __________________________________ (“Advertiser”).

The Theater publishes a program which it distributes free of charge to its patrons at all performances.

The Advertiser herein agrees to purchase advertising space in the aforesaid program upon the following terms and conditions.

1. The Advertiser hereby purchases advertising space, at the following rate, size, location, and number of insertions: ________ Full Page ______ Insertions _____________ Total price ________ ½ Page ______ Insertions _____________ Total price ________ ¼ Page ______ Insertions _____________ Total price The Advertiser understands and agrees that the Theater does not guarantee location for any of the above.

The Theater guarantees location for the following advertisements only: ______ Inside Front Cover _______ Insertions _____________ Total price ______ Inside Back Cover _______ Insertions _____________ Total price ______ Outside Back Cover ______ Insertions _____________ Total price 2. The Advertiser _______will ________will not provide camera-ready copy.

[The Advertiser requires typesetting, at an additional cost of ___________dollars ($_______).]

[The Advertiser requires additional specifications, as follows: _____________________________________________________________________ ____________________________________________________________________.

The cost of the additional specifications is ___________________.]

3. The total cost to the advertiser is ______________dollars ($_________), payable upon the following schedule: _____________________________________________________________________ ____________________________________________________________________.

4. The deadlines for providing copy for the advertising for each issue is: Issue ______________ Deadline ______________ Issue ______________ Deadline ______________ Issue ______________ Deadline _____________ [If the Advertiser requires typesetting, Theater will provide proofs to the advertiser not later than _______ days before printing. Advertiser will thereupon return same with necessary corrections or approval not later than _________ days before printing.

Advertiser may correct only printer’s errors; the advertisement itself may not be changed without additional charge. If the Advertiser fails to return corrected proofs or approve of same within the aforesaid time limit, it is conclusively agreed and understood that the Advertiser approves of same.]

5. The Theater’s liability in the event of an error in printing, or a failure to print advertisement for any reason, is limited only to [printing a corrected advertisement in a subsequent issue of the program of the Theater’s choosing at no charge to the Advertiser] [refund to the Advertiser of not more than ______% of the charge for the particular advertisement in error]. The Theater will not be liable under any circumstances for the Advertiser’s incidental or consequential damages, lost profits, expenses, claims by third parties against the Advertiser, or any other costs incurred by the Advertiser as a result of the error.

6. The Theater reserves the right to reject advertising at any time which it deems unsuitable for its publication, defames or libels any person or entity, infringes upon any trademark, copyright, or service mark owned by others, violates the right to publicity or privacy of any person or entity, or promotes or offers for sale any illegal or unlawful substance or thing of any kind or any unlawful or illegal activity.

7. Advertiser represents and warrants that it has the right or license to use any trademarks, copyrights, or service marks owned by others, the likenesses of any persons living or dead, featured in its advertising and, upon request of the Theater, agrees to furnish proof of same. However, regardless of whether the Theater requests proof of Advertiser’s authority, the Advertiser will hold the Theater harmless and indemnify it against any claims, causes of action, judgments, settlements, attorney fees, costs, or any other expenses incurred by the Theater as a result of a breach of this paragraph.

8. The Advertiser may cancel or change any advertisement purchased under this Agreement upon _____ days written notice in advance of the publication of same and will be entitled to a refund for any unused portion of any fees paid, except fees paid for typesetting and other services rendered. The Advertiser may not cancel or change any advertisement once the particular program has [been typeset] [been printed, even if not distributed].

9. The laws of the State of __________ will govern this Agreement.

10. All notices required hereunder will be sent to the parties at the addresses following their signatures below.

In Witness Whereof, the parties have hereunto set their hands and seals this day and date.

Edwin S. Porter Theater Manager By: ______________________________ (Title) Address: _____________________________________________ _____________________________________________

________________________ (Advertiser) By: _____________________ (Title) Address: ___________________________________________ ___________________________________________

June 2012 Copyright Fayette County Cultural Trust

Edwin S. Porter Theater 201 East Fairview Avenue Connellsville, Pennsylvania 15425 Rehearsal Space License THIS AGREEMENT dated this _________ day of _______________, 20____, by and between _____________________, as Owner (“Licensor”) of the rehearsal space located at _______________________________ and ________________________, the Producer (“Licensee”) of the production entitled ________________________________________ (“Production”), who desires to rehearse in the space.

1. Licensor hereby grants to Licensee the right to rehearse the production, at the times and dates specified on the following schedule: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 2. (A) The license fee will be _____________ per ___________ [hour] [day] [week].

[A day will consist of _______________ hours.]

[A week will consist of _____________ days of __________ hours each.]

(B) License fees will be paid ______________ [daily] [weekly] in advance.

3. Approximately ____________ people will occupy the space during said rehearsal time.

4. Only persons immediately connected with the production, and their invitees, will be permitted access to the space during the times and dates aforesaid. Members of the press may also, from time to time, be permitted for the purpose of publicizing the production.

5. The space is not licensed for public performance. The public will not, at any time, be invited or permitted entry to the space, whether or not admission is charged.

6. The Licensee will not bring into the premises flammables, explosives, chemicals, or other combustible or dangerous materials. The Licensee will not obstruct or block fire exits and will at all times comply with all building and fire codes.

7. No alcoholic beverages or illegal drugs of any kind may be used or consumed or sold on the premises.

8. The Licensee will be responsible for any breakage or damage to the space.

9. No props, costumes, or physical elements of the production may remain on the premises overnight, except _________________________________. No personal property belonging to any personnel of the production will remain on the premises overnight.

10. The Licensor will provide reasonable security therefore. Upon vacating the premises at the end of this license the Licensee will remove all physical property belonging to the Licensee and/or its personnel, and the licensor will not be responsible for any property so left in violation of this agreement.

11. (A) The Licensee will indemnify and hold the Licensor harmless from and against all claims, actions, liability, judgments, or expenses of any kind (including court costs and attorney fees), which the Licensor may pay or incur by reason of injuries or loss

occurring to people or property and resulting from any actions, or failure to act, by the Production and/or any of its personnel.

(B) The Licensor will indemnify and hold the Licensee harmless from and against all claims, actions, liability, judgments, or expenses of any kind (including court costs and attorney fees), which the Licensor may pay or incur by reason of injuries or loss occurring to people or property and resulting from any actions, or failure to act, by the Licensor and/or any of its personnel.

12. The Licensor will clean and maintain the space during the term hereof and will use reasonable care in connection thereof.

13. The Licensor [will] [will not] provide a piano for use in rehearsals.

In Witness whereof, the parties have this day entered their names and signatures below.

________________________________ (Licensor) ________________________________ (Licensee) By: _____________________________(Title)

June 2012 Copyright Fayette County Cultural Trust

Edwin S. Porter Theater 201 East Fairview Avenue Connellsville, Pennsylvania 15425

Single Show Rental License (Simple) THIS AGREEMENT is entered into this _______ day of _____________, 20___, by and between _______________________________ (“Owner”), as Owner of the __________ ______________________ (“Theater”), located at_______________________________ and__________________________ (“Producer”). Whereas the Owner wishes to license the Theater to the Producer and the Producer wishes to license the Theater for the presentation of the live stage event presently entitled ___________________________ (the “Attraction”), the parties, in consideration of the mutual promises, covenants, and conditions contained herein, hereby agree as follows:

1. (A) The Owner grants to Producer the exclusive license to use and occupy the Theater, beginning ______________ and ending ___________________, for rehearsals and presentation of the Attraction to the general public. The performance schedule shall be as follows: (i) ________ evening performances, beginning at approximately ____P.M. on the following days of the week: ______________________________; and (ii)______ matinee performances, beginning at approximately _____P.M. on the following days of the week ____________________________.

[If the show is a children’s theater company presenting morning performances, then the following should be used instead: ____________ morning performances, beginning at approximately ________ on the following days of the week ____________________.] (iii) Producer shall also be entitled to utilize the space for rehearsals according to the following schedule: __________________________________________________.

(B) The Producer and his personnel shall be permitted to enter the space _____ hours before each performance and shall leave the space _______ after each performance, unless otherwise authorized by the Owner.

(C) The Producer and his personnel shall also be entitled to enter the space for the purpose of adjustment and maintenance of the physical production of the Attraction.

(D) The Owner represents and warrants to the Producer that the Theater is licensed by the appropriate governmental authorities having jurisdiction thereof for live performances for a maximum seating capacity of ______________ persons. Sales of standing room admissions are unlawful and expressly prohibited under this agreement.

2. The Producer shall pay to the theater the sum of ______________ dollars ($_______), for the use of the space according to the following schedule: ______________ dollars ($______) upon the signing of this agreement, representing the license fee for the first week’s performance;

_____________ dollars ($______), for each week’s performance, payable on the ________ day preceding the week’s performance.

All fees must be paid in advance.

Failure to pay any week’s fee in advance as aforesaid, when due shall be cause for immediate revocation of this license and restoration of the space to the licensor.

3. In addition to the weekly fees payable as aforesaid, the Producer shall also deposit with the Owner the sum of ______________ dollars ($_______) as security for his faithful and proper performance under the terms of this agreement. Said deposit shall also be due and payable upon the signing of this agreement. No interest shall be payable thereon. In the event the Producer performs his obligations faithfully under this agreement and is not otherwise in breach thereof, then within _______ days after the period for take out expires (as described below), the Owner shall refund said deposit to the Producer. In the event the Producer fails to perform any obligation hereunder or is otherwise in breach, Producer shall immediately forfeit deposit and Owner shall take as his sole property as liquidated damages without any further claim thereon by the Producer. Nothing contained herein shall prevent the Owner from pursuing any and all other remedies available to him in law or in equity.

4. The Producer shall solely determine all ticket prices for the production.

(A) The ______________ [Owner] [Producer] shall engage in all ticket sales and provide the personnel to conduct same [according to policies established by the Producer]. [Said policies shall not be effective upon the theater or its personnel unless first conveyed to same in writing prior to the beginning of ticket sales by the owner and his personnel.]

(B) All disputes, questions, or other matters arising out of ticket sales with the general public shall be the responsibility of the Producer. The Producer shall hold the Owner harmless and indemnify him against any loss, damages, or costs incurred due any claims or disputes resulting from the sale of tickets, whether such sales are made by the Producer or by the Owner’s personnel.

(C) All proceeds from ticket sales shall immediately become the sole property of the Producer.

(D) Producer shall be solely responsible for all taxes or other fees imposed on all sales of tickets, and shall hold the Owner harmless and indemnify him thereon.

5. The Producer, at his own expense, shall provide the cast, physical production, literary rights, publicity and advertising, and personnel necessary to operate the Attraction [except that the Owner may provide the following personnel ___________________ ______________________, whose salaries and fees shall be paid for by the Producer at the rates that may, from time to time, be prevailing, during the term of this license.]

6. The owner shall permit the Producer to use his sound and lighting equipment, provided same are used only under supervision of the Owner’s own crew. The Producer may, at his own expense, bring in additional equipment.

[If the performance is a morning show—say, a children’s theater company—and the Owner is running its own or another producer’s attraction in the evening, the following clause should be inserted: “After each performance, the Owner shall refocus lights and readjust sound, as per the lighting and sound plots provided by the Owner or his evening licensee.”]

7. After each performance the ________ [Owner] [Producer] shall be responsible for the cleaning of the Theater.

8. (A) Beginning on ____________[date], the Producer shall be permitted to bring in his physical production, including scenery, costumes, lights, etc., and to hang same according to the Hanging Plot, as described in section (B) below (the take in): (B) At least __________ days prior to the take in of the physical production, the Producer must furnish the Owner with the Hanging Plot of the show. The Producer may not begin take in until and unless he has first received Owner’s written approval of the Hanging Plot. The Producer shall, at all times during the term of this license, comply with and follow the Hanging Plot, as so approved. No modifications may be made thereto without the written consent of the Owner.

9. Not later than ______ days after the last performance of the play, the Producer, at his own expense, must remove his entire physical production from the premises (the take out). If he fails to do so, as aforesaid, Owner may consider it a material breach of this contract. She may, at her option, and without further notice: (A) Declare the property abandoned and dispose of same as she sees fit, including sale of same. She will first apply proceeds of the sale to satisfy costs of removal and disposal; secondly, for any outstanding debts owed her by the Producer; and tender the balance, if any, to the Producer; or (B) Store any or all property in any facility of her choosing, without liability or obligation to safeguard same; and charge all costs of removal and storage to the Producer; or (C) A combination of (A) and (B) above.

In addition to applying any proceeds of sale of said physical production, the Owner may deduct from the security deposit described in paragraph 3 above, the balance of costs of removal, storage, and disposal of said property, prior to refund of security deposit.

10. Producer, at his own expense, shall be solely responsible to provide adequate security to protect patrons, production personnel, and property.

(A) Smoking is expressly prohibited anywhere on the premises, except that smoking which is part of the action of the Attraction.

(B) The sale, consumption, use, or distribution of alcohol and/or illegal drugs on or about the premises is expressly forbidden, except that consumption or use which is part of the action of the Attraction.

(C) Producer may not bring into the premises, or use, or store flammable or hazardous materials or chemicals of any kind.

(D) Producer shall eject rowdy or misbehaving patrons, whose conduct may cause injury to persons or damage to property.

(E) No chemical sprays of any kind shall be disbursed or directed at patrons or other persons on or about the premises.

(F) Producer shall keep all fire doors, exits, and staircases free of obstructions at all times, when persons are present on the premises.

(G) Producer shall obey all fire, building, and other safety ordinances which may be imposed upon or to which the theater or the Attraction may be subject, whether same are existing at the present time or created subsequent to the execution of this agreement.

(H) Producer shall take no action that may jeopardize or endanger the Owner’s license or permits.

(I) Producer shall take no action that may jeopardize, endanger, or otherwise harm the Owner’s Theater and equipment. Producer shall be responsible for any damage thereto, and Owner may deduct the reasonable cost of repair and/or replacement from the security herein deposited by the Producer. However, said deductions shall not release the Producer from any additional claims or rights which the Owner may have against him, nor bar any remedies which the Owner may have against the Producer, in law or equity.

11. Producer shall be solely responsible for all licenses from the performing rights societies, such as ASCAP, BMI, etc., and shall obtain, at his own expense, any licenses or agreements necessary to perform copyrighted material owned by persons or entities other than the Producer.

12. [Producer shall operate, staff, and maintain all concession stand sales. Revenue shall be divided __________% to the producer and _______% to the Owner.]

[Alternate] 12. [Owner shall operate, staff, and maintain all concession stand sales. All revenues shall belong solely to the Owner, except as follows: Producer may sell souvenir books and show related souvenir merchandise out of the concession stands, and revenue on same shall be divided ___________% to the Producer and __________% to the Owner.]

For all purposes under this clause, each party shall have the right to inspect and audit each other’s books for concession stand sales, to verify that all sales and revenues have been properly accounted for and divided.

13. [Owner shall pay the cost of all utilities and same shall be included in the license fee.]

[Alternate] 13. [Producer shall reimburse to the Owner the cost of all utilities used during the term of this license, in addition to all other fees due hereunder. Producer shall pay such costs immediately upon receipt of notice and demand for same from the Owner.]

14. [Producer shall, at its own expense, provide his own programs.]

[Alternate] 14. [Producer shall purchase programs from Owner’s program supplier.]

15. This arrangement is for the mere use of the theater during the term stated herein above and is a license only. The parties hereby expressly disavow any intention or desire to create a partnership, joint venture, or a landlord/tenant relationship between themselves. This agreement shall not be construed or interpreted as forming a partnership, joint venture, or landlord/tenant relationship between the parties.

16. Producer shall, at all times, at his own expense, carry the following policies of insurance, for the designated limits of liability: Type of Insurance _____________________ _____________________ _____________________

Limits of Liability _______________________ _______________________ _______________________

Producer shall name the Owner and the Theater as co-insureds, and deliver copies of the policies and proof of premium payments therefore to the Owner no later than ten days prior to Take-In. All insurance must remain in force for the term of this contract.

17. (A) Producer has inspected the Theater prior to entering into this agreement and has determined it is suitable and satisfactory for his needs and requirements. Producer further accepts Theater in “as is� condition.

(B) Producer has submitted to Owner a true and correct copy of the materials presently constituting the Attraction. Owner has deemed same suitable and appropriate for performance in her Theater.

18. Producer shall make no modifications, alterations, refurnishings, or other changes to the Theater, its structure, and equipment, without first (a) obtaining the written consent of the Owner; and (b) obtaining any approvals, licenses, or permits from the appropriate governmental authorities having jurisdiction thereof. Upon vacating the Premises, the Producer must restore the Theater to its original condition, unless otherwise notified by Owner. Any modifications, alterations, or refurnishings permitted by Owner will, at the Owner’s option, belong to the Owner after the termination of this license.

19. The provisions of this agreement will survive the run of the Attraction and will be binding on both parties, their heirs, executors, trustees, and assigns.

20. Notwithstanding the provisions of paragraph 18, the producer may not assign this agreement without the consent of the Owner.

21. All claims, disputes, conflicts, and other disagreements concerning the provisions of this agreement will be submitted to binding arbitration conducted in the city of ____________ under the rules of the American Arbitration Association, by an arbitrator selected by both parties. Any court of competent jurisdiction may enter judgment upon the award so granted. The arbitrator will require the losing party to pay the reasonable costs and attorney fees of the prevailing party.

22. This document constitutes the entire agreement between the parties. No modifications or consents will be valid or effective unless contained in a writing signed by both of the parties.

23. The Owner and/or the Theater shall not be at risk of loss from any action or failure to act by the Producer and/or persons in his employment or control which (a) cause harm, damage, or loss to third persons and/or property owned or possessed by third persons; (b) result in claims that a third person or corporation has been defamed; (c) result in claims that rights of privacy, publicity, copyright, and or trademarks owned or possessed by third persons or corporations have been violated or infringed upon; (d) result in any other claims that the rights of third persons or corporations, which exist or are granted under statutory or common law, have been violated. In the event the Owner and/or the Theater suffers loss or damages under any of the foregoing, the Producer shall hold the Owner and/or the Theater harmless and indemnify them for all costs, attorney fees, court ordered judgments or damages, or other expenses incurred by the Owner and/or the Theater, including the defense of claims made hereunder. The Producer shall hold the Owner and/or the Theater harmless and indemnify them for all moneys paid out in settlements to third parties, only provided the Producer has first approved and consented to such settlements.

In Witness Whereof, the parties have hereunto set their hands and seals this day and date. _________________________________

(Producer)

__________________________________

Edwin S. Porter Theater Manager

June 2012 Copyright Fayette County Cultural Trust