Lowther Gardens (Lytham Management LTD) West Beach, Lytham St Annes, FY8 5QQ | 01253 794221 | lowtherpavilion.co.uk
Terms & Conditions of Booking February 2024 version 14 The Contents of this document are to be read alongside any booking contract with Lowther Gardens (Lytham) Management. The agreement to this document forms a core component of the booking contract. The Resident Manager reserves the right to adjust these terms by mutual agreement following the signing of the contract. The Resident Manager reserves the right to adjust or update these terms as required and in line with relevant legal statues, orders, acts and industry requirements. Any questions regarding this document or its contents should be referred to administrator@lowtherpavilion.co.uk in the first instance.
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Table of Contents 1. Clarification of Terms
4
2. The Resident Manager
5
3. Mutual Responsibilities
6
4. Cancellation and Termination of Contract
7
5. Rights of Access & Conditions of Space
10
6. Box Office & Receipts
11
6.1 Box Office Arrangements
11
6.2 Definition of Ticket Types
11
6.3 Company Holds & Complimentary Tickets
12
6.4 Agency & 3rd Party Sales
13
6.5 Offers, Discounts & Deals
14
7. Accounts & Payments
14
7.1 Deposits
14
7.2 Advance Payments & Guarantees
14
7.4 VAT Arrangements
15
7.5 Fees & Commissions
16
8. Marketing & Communications
17
8.1 Print Media
17
8.2 Digital Marketing
18
8.3 Additional Marketing Activity
19
8.4 Booking Additional Marketing Activity
20
8.5 Listings & Brochures
20
8.6 Embargo & Announcement
21
9. Technical & Production
21
9.1 Production Advance / Riders
21
9.2 Conditions of Use & Staffing
22
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10. Ancillary Services
23
10.1 Merchandise
23
10.2 Catering & Retail Services
24
10.3 Parking
24
11. Health, Safety & Wellbeing
24
11.1 General Safety & Policy
24
11.2 Capability (Alcohol & Drugs)
26
11.3 Children & Vulnerable Persons
26
12. Links & Contacts
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1. Clarification of Terms The Resident Manager The business of Lowther Gardens (Lytham) Management Ltd [LGM] as operated by the board of directors. The Visiting Manager The business of the visiting company/promotor/individual with whom the contract is entered into. The Venue Lowther Pavilion Theatre, West Beach, Lytham St. Annes, FY8 5QQ as operated by LGM. The Company / The Hirer The business or person of the visiting company/promotor/individual. The Agent Any 3rd party company trading box office on behalf and in the interests of the visiting manager. Out of Contract Charges Any additional fees, charges or finances mutually agreed by both parties outside the scope of the contract. The Contract The document as agreed by both parties including the attached terms, conditions and any schedules of work. The Box Office The trading of tickets and receipts for the admission to the event as identified in the contract, this shall be operated by LGM primarily. Hire Contract A contract where the fee is solely a hire fee (regardless of any additional services or commissions) Joint Venture A contract where the fee is a split, first call or guarantee deal and risk is Terms & Conditions of Booking – February 2024
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considered shared between the two parties. The Engagement The date and time of access into the venue for the purposes of staging the event identified in the Contract.
2. The Resident Manager The Resident Manager agrees: 2.1 - To provide the venue and its associated services including the provision of all utilities and public services; this shall include all such suitable licenses, and statutory certifications. 2.2 - To provide, in good working condition, all production stock equipment as normally installed. 2.3 - To provide all suitable administrative, and operational staff for the proper and efficient running of the theatre (save unavoidable absence such as illness, strike, lock out, dispute, force majeure or act of god). 2.4 - To receive and bank all box office receipts and provide the Visiting Manager on demand with true accounts thereof. 2.5 - Not to do or suffer to be done anything that may through omission, failure or inaction of its responsibilities under the law, jeopardise the agreement or action of this contract. 2.6 - To undertake such actions & protocols as required for the operation of services that involve the processing of personal information and remains solely responsible for the use of this data, its storage, usage and administration. 2.7 - The Resident Manager shall be responsible for such cover against all risks in respect of his property, and that for which he is responsible, his employees and members of the public.
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2.8 - The Resident Manager, Trust and Operating Company are working within covid 19 Government advice in relation to being an Entertainment and Community facility. This is reviewed regularly and updated as required. Copies of RA’s are available on request The Resident Manager reserves the right to: 2.9 - Superintend and control the theatre for the protection, accommodation and convenience of the public, and for the fulfilment of all obligations, terms and conditions of any and all licenses, grants or legal statues relating to the Theatre. 2.10 - Object, in order to protect themselves under the Theatres Act 1868 (or any statutory re-enactment thereof), to any song, speech, dialogue, business, costume or gesture, and the same shall be withdrawn or altered as the Resident manager may direct. 2.11 - Object and refuse the entrance of patrons and visiting company members for reasons of health, safety & wellbeing or safeguarding for company members, patrons and staff. 2.12 - Be exclusively entitled to the income from the exercise of all front of house privileges, including revenue from the sale of its own souvenir articles, and revenue from catering or retail activities.
3. Mutual Responsibilities The Resident and The Visiting Manager shall: 3.1 - Respectively effect and maintain adequate insurance policies to cover against all requisite statutory and other legal liability 3.2 - In any case not attributable to negligence on the part of the Resident Manager, the Visiting Manager shall be responsible for such cover in respect of his employees and members of the public and against all risks in respect of his property and that of his employees arising out of his use and occupancy of the theatre. 3.3 - Provide proof of status and any relevant documentation upon request to the other party relating to its duties as outlined in the contract and its associated terms & conditions. Terms & Conditions of Booking – February 2024
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3.4 - Not to do or suffer to be done in or about the premises, anything whereby any policy of insurance effected by the other may be invalidated but shall at all times use all proper precautions to prevent loss or damage or harm. 3.5 - Each ensure that they and all their employees, workers, volunteers, members and agents observe and carry out and abide by all conditions and regulations imposed by statute or any competent authority with reference to or in connection with the premises or any performance therein and in particular to observe all fire and health and safety regulations. 3.6 - Not to do or suffer to be done any action, or through inaction, that which brings either party into public disrepute by way of its employees, workers, volunteers, members & agents or associated businesses or groups; save that which is in pursuit of the enforcement of the contract and its associated terms. 3.7 - The Visiting Manager agrees not to allow the production to be performed in any medium within 20 miles of Lytham St Annes within 8 weeks prior to, during, or for 6 weeks after the termination of the engagement without specific agreement by the Resident Manager.
4. Cancellation and Termination of Contract 4.1 - Lowther has an active policy to not cancel/reschedule or postpone shows unless the venue is closed by government direction, there is proven certifiable illness in the cast or there is insurance recognised force majeure. The venue reserves the right to charge losses on any event not described so above. 4.2 - If there shall be some occurrence beyond the control of either party (including unavoidable absence such as illness, strike, lock out, dispute, force majeure or act of god) which shall render this Contract incapable of being performed in the manner reasonably contemplated by the parties, then this Contract shall be suspended for as long as such incapacity shall continue.
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4.3 - In the event of the above should the contract be incapable of being discharged for a period longer than 6 months from the original date of the engagement the Resident Manager reserves the right to cancel the engagement with costs apportioned by mutual agreement. Cancellation by the Resident Manager 4.4 - In the event of accident, operational failure or business failure on the part of the Resident Manager (save occurrences of liquidation, force majeure or act of god) which renders this contract incapable of being discharged the Resident Manager shall make all reasonable efforts to provide alternative dates of access or where appropriate alternative booking arrangements by mutual agreement. 4.5 - In the event that this contract is rendered incapable of being discharged as a result of major works (whether remedial or capital development) the Resident Manager shall make all reasonable efforts to provide alternative dates of access or where appropriate alternative booking arrangements by mutual agreement. 4.6 - The Resident Manager reserves the right at any time without penalty, as superintendent of the venue, to cancel or postpone an event in the interests of public health, safety and wellbeing or where there is a clear and present danger as advised by local authority, constabulary or government agency. Re-scheduling by either party: 4.7 - If there shall be some occurrence whereby the contract is unable to be discharged for any reason (other than those outlined in 4.2 – 4.5) by either party, the booking of the performance may be re-scheduled to such a time that the contract may be fulfilled by mutual agreement. Either party reserves the right to make such charges as expenses incurred to facilitate this re-scheduling. 4.8 - In the event of the above should the contract be incapable of being discharged for a period longer than 6 months from the original date of the engagement the Resident Manager reserves the right to cancel the contract with costs apportioned by mutual agreement.
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Cancellation by the Visiting Manager 4.9 - Should the Visiting Manager as detailed in the contract cancel the production or event, against LGM’s wishes the Resident Manager reserves the right to charge a minimum cancellation fees as follows. Single Date Events 4.9.1 - Up to 42 days prior to the engagement date –£1000. 4.9.2 - Up to 21 days prior to the engagement date – £1500. 4.9.3 - Less than 14 Days prior to the engagement date – £2000. 4.9.4 - In addition, any charges for expenses incurred in the way of service charges, marketing (including print, distribution & digital marketing) etc. Multiple Date Events 4.9.5 - Once you have requested dates all deposit lost. (As verbal contract) 4.9.6 - Jot form over 12 months from date (£400 + VAT deposit). 12 months before event full deposit to be paid. Once contract is issued and under 12 month from date, all deposit and 25% of estimated theatre loss. 4.9.7 - Within 9 months from date, all deposit and 50% of estimated theatre loss. 4.9.8 - Within 6 months from date, all deposit and 75% of estimated theatre loss. 4.9.9 - Within 3 months from date, all deposit and 100% of estimated theatre loss. 4.9.10 - Theatre losses are calculated over the last 3 shows performed by The Visiting Company at The Venue. Newley established contracts where there is not a track record will be calculated at the last 3 similar events at the theatre. Theatre losses new made up from box office commission, credit card charges, theatre levy, marketing costs, estimated box office and hire costs. 4.9.11 - In addition any charges for expenses incurred in the way of service charges, marketing (including print, distribution & digital marketing) etc.
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5. Rights of Access & Conditions of Space 5.1 - The hours of access shall only be between those session hours specified in the contract. The Visiting Manager retains the right to access the hired spaces during these times for the purposes of their production/ event (baring occurrences where access is limited in the interests of health, safety & wellbeing or as a result of force majeure). Access outside of these hours will incur additional charges. Theatre to be vacated at end of final loadout. 5.2 - Additional session charges outside of contract may be made by formal request to the Resident Manager a clear 48 hours prior to the additional session’s commencement. Confirmation of charge shall be made by written agreement between the parties. 5.3 - The Resident Manager reserves the right to refuse access outside those agreed hours, save those by agreement with the duty manager on site (e.g deliveries, site visits etc.) 5.4 - For Joint Ventures the hours of access shall be as defined in the contract. The Visiting Manager may make requests via email for additional access times at no extra charge save those as agreed in the contract (e.g 2nd technician or equipment hires) a clear 48 hours prior to the engagement. 5.5 - The Resident Manager reserves the right to refuse access to children/vulnerable persons during these contract hours without proof of suitable provision of matrons/carers. 5.6 - The Resident Manager shall make all reasonable efforts to ensure that all spaces are prepared and suitable for use prior to the access of the visiting company. 5.7 - The Visiting Manager shall make all reasonable efforts to ensure that the spaces are returned to the Resident Manager in a suitable condition or as they were presented.
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5.8 - The Resident Manager reserves the right to make contra charges amounting to the expenses incurred in the way of replacement, repair or cleaning. 5.9 - Upon the commencement of access the Visiting Manager is responsible for identifying any existing defects or damages to the Resident Manager for recording (See 9.2.8) 5.10 - The Resident Manager reserves the right to lower the cinema screen to show advertising before, during the interval, and after any show.
6. Box Office & Receipts 6.1 Box Office Arrangements 6.1.1 - LGM shall operate a 24 hour web-booking service via its preferred service contractor save for required maintenance and actions beyond the control of LGM. Where service outages significantly or detrimentally effects the operation the box office LGM shall pursue suitable remediation with the operator. 6.1.2 - LGM shall operate a manned box office save unavoidable absence such as illness, strike, lock out, dispute or force majeure. As standard this shall operate daily throughout the year excepting usual bank holidays. 6.1.3 - The Resident Manager retains the right to suspend the operation of the box office for reasons of servicing, maintenance or similar without notice to the Visiting Manager.
6.2 Definition of Ticket Types 6.2.1 - Child – Any person between the ages of 2 & 16 years of age. Children under 16 must be accompanied at all times. 6.2.2 - Adult – A person between the ages of 16 & 65 years. 6.2.3 - Senior – A person over 65 years.
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6.2.4 - General Admission – One ticket price for all persons regardless of age 6.2.5 - Advance Tickets – Tickets purchased in advance of the performance day (ending at 23:59) 6.2.6 - Door Tickets – Tickets purchased on the day of performance (starting at 00:00)
6.3 Company Holds & Complimentary Tickets 6.3.1 - In respect only to Joint Ventures; The Visiting Manager retains the right to allocate company holds OFFSALE for the use of the visiting manager’s complimentary ticket allocation. These company holds shall remain throughout the booking period (or until such a time that the Visiting Manager confirms in writing their release ONSALE) until the completion of the contract in the following number; 6.3.2 - Standard Configuration (450 Capacity) – 9 Company Holds 6.3.3 - Small Theatre (210 Capacity) – 6 Company Holds 6.3.4 - Thrust & In the Round (170 Capacity) – 5 Company Holds 6.3.5 - Cabaret & Dinner Event - 1 Table 6.3.6 - Open Floor (800 Capacity) – 12 Company Holds 6.3.7 - Any complimentary or company holds in excess of the above (and without the explicit agreement of the Resident Manager) will be considered at full price charge in any settlement calculations. 6.3.8 - The Resident Manager retains the right to issue 2x management and 4x marketing/press complimentary tickets at no cost to either party. 6.3.9 - Guest Lists, including access for discounted tickets or reserves of advance tickets are by mutual agreement. 6.3.11 - The Venue is a member of the Access Card scheme (https:// www.accesscard.online/) and has a policy of providing two complimentary carer tickets to qualifying patrons. These will be visible on show reports. Terms & Conditions of Booking – February 2024
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6.4 Agency & 3rd Party Sales 6.4.1 - The Visiting Manager may direct a percentage no greater than 50% of the capacity box office to be sold via 3rd party agency (e.g TicketMaster). In this case the Visiting Manager should provide direct contract information for the agent & any specific instructions as to allocation (e.g central split, alternating rows). 6.4.2 - The Resident Manager reserves the right to request sales figures at any time from the Agent on behalf of the Visiting Manager and should not be barred in any way from a full sales report. 6.4.3 - ’Markbacks’ and returns of unsold agency tickets will occur no less than 48 hours prior to the engagement. 6.4.4 - The Visiting Manager (or Agent directly) will provide a full sales list including occupancy & customer name as relevant to the Resident Manager no less than 24 hours prior to the engagement. 6.4.5 - Where the agent includes additional fees or service charges this should be clearly identified by the agent at the point of sale. 6.4.6 - The face value of any ticket sold via agent or 3rd party must not undercut the Lowther Pavilion Box Office and the contracted sales value or present a business threat to the Lowther Pavilion Box Office who must be advertised and identified as the primary box office provider. 6.4.7 - The Visiting Manager retains responsibility for the actions of all 3rd party agents they have instructed for use including the failure of the agent to provide any of the above as per schedule. 6.4.8 - All payments regarding 3rd party and agency sales shall be handled by the Visiting Manager. 6.4.9 - The Resident Manager takes no responsibility or liability for any customer booking activity through a 3rd party.
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6.5 Offers, Discounts & Deals 6.5.1 - Any offer, deal or discount code that provides customers the opportunity to purchase tickets at less than the contracted price must be implemented by mutual agreement. 6.5.2 - The Resident Manager shall consider any tickets sold at a discounted rate without prior agreement to be considered as full price tickets for the calculation of the settlement. 6.5.3 - Either party may make recommendation for offers & deals at any time during the lead up to the engagement but no sales shall take place without the mutual agreement of either party.
7. Accounts & Payments 7.1 Deposits 7.1.1 - Where deposits are payable for hire, the contract shall not be considered complete until such time as the deposit has been paid in full to LGM. 7.1.2 - Deposits are considered non-refundable upon signing of the contract, save occurrences of mutual cancellation as identified in section 4 above. 7.1.3 - Deposits shall be held by LGM and set against any final hire payment as part of the contra payment following completion of the contracted engagements. 7.1.4 - No performance shall go ONSALE until such a time as all contractual deposits are paid in full.
7.2 Advance Payments & Guarantees 7.2.1 - As policy LGM does not pay any advance of box office receipts to the Visiting Manager or promotor prior to the completion of the contract. 7.2.2 - Where contracts identify the payment of guarantees or fees these shall be paid following the completion of the contract.
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7.3 - Settlements & Terms of Payment 7.3.1 - The settlement of the box office receipts, less any advances and payments due under the contra account, shall be made no later than 7 business days following mutual agreement of the statement and receipt of a valid invoice with suitable VAT details as appropriate. 7.3.2 - All Payments are made via BACS transfer to the account identified in the contract, at no time will LGM issue payments in cash. 7.3.3 - Any instruction for a change in BACS information must come to LGM as a letter of authority from the Visiting Manager. At no time will LGM accept instruction to change BACS payment information via email or telephone. 7.3.4 - Where instructions come to LGM during the 7 business day payment period, the payment period shall commence again in full from the date of letter receipt.
7.4 VAT Arrangements 7.4.1 - Lowther Gardens (Lytham) Management Ltd. is classified as VAT registered. 7.4.2 - Charges for the hire of the venue are considered within the scope of UK VAT. 7.4.3 - All commissions, services and fees are considered to be VAT standard rated. 7.4.4 - All tickets, admissions and receipts are considered VAT standard rated. 7.4.5 - Where applicable sub hires, agreed purchases (including printing & digital marketing services) and contracted services, VAT will be applied in line with the suppliers’ VAT charges.
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7.5 Fees & Commissions Box Office Commissions 7.5.1 - The standard rate of box office commission for selling tickets on behalf of hirers of the venue is currently 8.5% +VAT. 7.5.2 - The Box Office Commission shall apply on all receipts including those through any 3rd party or agency. Performing Rights Society [PRS] & Phonographic Performance Limited [PPL] 7.5.3 - LGM is registered with both PRS & PPL and will apply (where identified in contract) the relevant rate of PRS to the contra account prior to any settlement calculations. 7.5.4 - The Visiting Manager is responsible for the submission of any relevant forms & paperwork to the Resident Manager prior to the end of the engagement for filing with the appropriate parties. 7.5.5 - The Resident Manager shall apply which ever percentage rate is suitable as identified by PRS. 7.5.6 - The Visiting Manager is responsible for the submission of any certificates of exemption or similar to the Resident Manager prior to the engagement. 7.5.7 - The promoter/ producer of a show is liable for PRS royalties incurred. The appropriate PRS Rate can be confirmed with PPL/PRS up to 14 days prior to the event taking place. Lowther to the best of its ability calculates the appropriate PRS rate for the production if no PPL/PRS declaration letter is presented. If PPL/PRS notifies us that a more appropriate rate should have been used, then the promoter will have to reimburse Lowther accordingly. Card Handling Charges 7.5.8 - Where applicable & identified in the contract the Resident Manager shall apply card charges to the Visiting Manager of 2%+VAT for any transactions taken via card (including but not limited to online bookings, telephone bookings & chip & pin payments), to be calculated prior to any split or fee calculations.
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8. Marketing & Communications 8.1 Print Media 8.1.1 - The Visiting Manager shall provide all print media for the performance at their cost and discretion. LGM shall not provide any show specific print marketing unless by explicit agreement. 8.1.2 - The Visiting Manager shall provide all print media fully overprinted with the dates and prices of performance 8.1.3 - All print media shall include the venue logo, web address, telephone, and postal address of the venue. Logo files can be found at lowtherpavilion.co.uk/marketing-resources 8.1.4 - The Resident Manager has the right to refuse print or assets that are deemed unsatisfactory. 8.1.5 - The Visiting Manager shall ensure that all print media connected with LGM [Trading as The Lowther Pavilion] follows the business brand guidelines and/or uses the business branded footers (available from lowtherpavilion.co.uk/marketing-resources). 8.1.6 - Standard Print Provision (Provided by the Visiting Manager): • 10x A1 posters (for external and internal usage) • Up to 5x A2 posters • Up to 5x A3 posters • Up to 5x A5 posters • 500x A5 flyers (for internal usage) - the minimum paper weight accepted is 170gsm 8.1.7 - The Resident Manager is responsible for displaying print across sites (subject to availability) with the aim of showcasing all visiting shows equally. The Venue now has a rotation system in place for the foyer space, with posters being changed around weekly. The Visiting Manager cannot request specific frames for a specific duration of time, however this can be arranged for an additional cost.
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8.1.7 - Please consider the environment when printing marketing collateral. In line with the venue's green policy, recycled paper stock or stock as part of a Carbon Capture Scheme is preferred. 8.1.8 - If any additional sizes, paper weight or collateral are provided, the Resident Manager WILL NOT be able to display these unless they have been explicitly asked for. 8.1.9 - Please note: we do not accept banners or roller banners. 8.1.10 - The Resident Manager shall make all good efforts to promote and display the print media across its marketing platforms both within Lowther Gardens and the Lytham St Annes area. The Resident Manager takes no responsibility for the materials prior its delivery to site. 8.1.11 - The Visiting Manager shall inform the marketing team when print is dispatched or expected in writing by contacting marketing@lowtherpavilion.co.uk. 8.1.12 - Exit flyering is not permitted for any show unless you have written permission from The Venue’s Head of Marketing or CEO/Artistic Director.
8.2 Digital Marketing 8.2.1 - The Visiting Manager shall provide digital artwork with a minimum DPI resolution of 300 in the following sizes: • 1920px x 1080px (landscape) • 1080px x 1920px (portrait) Please note: anything below a DPI of 300 will not be used. 8.2.2 - The Visiting Manager will also provide a version of the artwork above without text and logos specifically for digital use. 8.2.3 - The Visiting Manager shall supply suitable copy materials for use on digital marketing platforms and the website front end. This shall be submitted already proof-read to a high standard of written English. 8.2.4 - No performance shall go on sale on the website until such a time as the above have been satisfactorily delivered. Terms & Conditions of Booking – February 2024
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8.2.5 - All social media marketing operated by LGM is at the discretion of the Resident Manager and the Visiting Manger may not specify the schedule of social media save by mutual agreement. 8.2.6 - The Visiting Manager may request the purchase of additional Facebook advertising or specific marketing pushes on social media via the marketing team in the first instance, the charges for which will be confirmed via email and charged within the contra account. Either party retains the right to cancel these additions (prior to the advert beginning) or re-schedule these requests based on the grounds of current sales and already scheduled marketing activities by mutual agreement. There is a 10% admin fee for this.
8.3 Additional Marketing Activity 8.3.1 - The Venue offer additional marketing activity, which can be booked in for a cost (for example, a full email solus to The Venue’s customer database). For more information on costings, please visit: lowtherpavilion.co.uk/marketing-resources Any additional marketing activity purchased will be taken from the final settlement and does not require upfront payment. Please note: The Venue and The Resident Manager are not responsible for contributing to marketing costs for a show. When a show is on a split, The Venue and The Resident Manager’s part of the split is represented as: - Website listing - Listing in relevant what’s on brochure (subject to contracts being signed and information/assets provided before print deadline) - Facebook event - Show included on foyer and auditorium screens (The Venue’s template) - Inclusion in a relevant monthly newsletter (subject to availability) - Poster and collateral displayed on-site and in external poster sites (limited number of poster sites) - Posts on our Facebook page 8.3.2 - The Visiting Manager is responsible for taking the lead on the marketing of their show, with support from The Venue outlined in the Terms & Conditions of Booking – February 2024
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venue’s marketing packages. Please see section 8.2 for information on these.
8.4 Booking Additional Marketing Activity 8.4.1 -When requesting additional marketing activity, The Visiting Manager/Company/Hirer/Agent can do so by emailing marketing@lowtherpavilion.co.uk. Once approved The Resident Manager will provide a booking form, which must be signed ahead of time by all parties before the marketing activity or advertisement can go ahead. The Visiting Manager/Company/Hirer/Agent must ensure Advertisements are not libellous, discriminatory, misleading or obscene and do not infringe on the rights of any third party including intellectual property rights. It is the responsibility of The The Visiting Manager/Company/Hirer/Agent to check that Advertisements are correct prior to the agreed deadline. The Resident Manager and The Venue will not be responsible for any errors in the Advertisement.
8.5 Listings & Brochures 8.5.1 - On the proviso the requirements of 8.3.1 above & 8.3.2 above are fulfilled the Resident Manager shall make good efforts, but without guarantee, to include the performance within the quarterly What’s On brochure and on any other listings that the Resident Manager operates. 8.5.2 - The Resident Manager reserves the right to superintend these listings in the interest of public interest regarding genre & audience suitability. 8.5.3 - The Resident Manager reserves the right to edit, moderate and design the brochure in the interests of LGM & its associates. The Visiting Manager has no rights to proofing, size, layout or schedule of listing. 8.5.4 - The Resident Manager will take all information for brochure and other listings directly from the website. It is up to the responsibility of the Visiting Manager to check that the website listing is correct.
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8.5.5 - The Visiting Manager may make request for non-inclusion in writing to the Resident Manager, otherwise it is assumed that all bookings wish to be listed.
8.6 Embargo & Announcement 8.6.1 - The Visiting Manager shall indicate, at the time of signing, any intention to embargo announcement or ONSALE to a particular date or time. This shall be clearly indicated to LGM via written instruction at the time of signing. 8.6.2 - This decision to embargo should not in any way cause the Resident Manager or LGM to be disadvantaged or suffer in any way, notably where the Visiting Manager intends to use 3rd party agents. 8.6.3 - The Resident Manager shall make all good efforts to ensure the embargo of an announcement is enforced and adhered to save instances beyond the control of either party.
9. Technical & Production 9.1 Production Advance / Riders N.B The fulfilment of any riders is solely at the discretion of the resident manager and negotiated at the time of contract signing. 9.1.1 - The Visiting Manager shall provide no less than 30 days prior to the engagement, in writing to the Resident Manager, a final version of any technical specifications for the production. 9.1.2 - Any requirements as per the above is provided at the discretion of the Resident Manager, with suitable charges for the fulfilment thereof to be placed against the contra account. 9.1.3 - Any equipment required for the event not included in the standard facilities and in-house equipment of LGM shall entail sub-hiring from LGM’s selected contractors; the cost of which shall be re-charged in the contra account by mutual agreement.
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9.1.4 - The Resident Manager shall ensure that all equipment & facilities as identified in the venue’s specification as standard are available at no additional cost to the Visiting Manager. A list of fees & hire charges are available upon request, from technical@lowtherpavilion.co.uk 9.1.5 - LGM cannot provide pre-rigs or alterations prior to access. Any changes, adjustments or alterations made to the standard lighting rig during the period of usage must be reset by the end of usage. Any additional work required for this outside of the contract will incur a staffing charge. 9.1.6 - All properties and set that is brought into the theatre is the responsibility of the visiting company to make sure it complies with Fire Regulations and is coated with fire retardant. The Theatre will remove any item it believes does not comply.
9.2 Conditions of Use & Sta ng 9.2.1 - At any time where the stage including the orchestra pit is in use a member of LGM staff must be on duty. No access may be made to the space without the presence of the duty technician (minimum 4 hour call). 9.2.2 - Unless specified in writing by the Resident Manager LGM will only provide one technician during the contract. This technician can be used to operate one position (lighting or sound) as needed. Where the Visiting Manager requires a second technician this may be provided at standard staffing rates (available on request from technical@lowtherpavilion.co.uk) 9.2.3 - The decision to assign a second technician shall be made by mutual agreement and must be confirmed in writing to the Resident Manager at the earliest opportunity.Unless otherwise agreed in the advance rider & pre-production communications (as outlined in 9.1) it is presumed that the Visiting Manager intends to utilise the venues installed equipment and will provide suitable operators for their booking. 9.2.4 - At the beginning of the engagement the Visiting Manager shall undertake a handover with the duty technician. This shall identify any already present damages, faults or deviations from the standard arrangements as identified in the venue specification or pre-production discussions.
ffi
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9.2.5 - At the end of the engagement the Visiting Manager shall undertake a return handover with the duty technician/duty manager. 9.2.6 - The Visiting Manager is responsible for the competency and actions of its staff during the period of usage. Any damages and associated repairs as a result of the company’s usage shall be charged to the Visiting Manager. 9.2.7 - Handover sheets shall form the mutual agreement of venue condition and shall be considered in regard to any highlighted damage to the venue and it’s equipment/services. 9.2.8 - The Visiting Manger shall at the end of the engagement be required to sign a time and motion document identifying any charges, fees or staffing costs incurred during the period of the contract. This document shall form the basis of any contra charges relating to the technical department.
10. Ancillary Services 10.1 Merchandise 10.1.1 - At the Resident Manager’s discretion the Visiting Manager shall be permitted to sell merchandise and similar directly related to the performance. This may be sold in the auditorium or bar area at the duty manager’s discretion. 10.1.2 - Where merchandise is sold by the representative of the Visiting Manager a 15% commission on sales to the venue shall be charged. This is to be paid to the duty manager on the night. 10.1.3 - Where the merchandise is sold by the representative of the Resident Manager a 25% commission on sales to the venue shall be charged. This is to be paid to the duty manager on the night. 10.1.4 - The Visiting Manager shall be responsible for the stock taking of any merchandise prior to the hand over to the Resident Manager.
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10.1.5 - The Visiting Manager will be required to sign a receipt slip confirming the total sales figure and any charges & commissions. 10.1.6 - The Resident Manager may agree to bank, process or pay merchandise income via settlement, contra account or similar by prior agreement.
10.2 Catering & Retail Services 10.2.1 - The Resident Manager reserves the right to offer ancillary sales of food, drink and other consumables at no profit or benefit to the Visiting Manager. The Resident Manager retains the right to dictate the operating times, prices & availability of these services at the duty manager’s discretion.
10.3 Parking 10.3.1 - LGM operates the car-park attached to the venue. 10.3.2 - The Visiting Manager must ensure that any parking (including drops offs & deliveries) does not infringe upon the operations of the car park at any time. 10.3.3 - The Visiting Manager must ensure that any vehicles do not infringe upon the safe operation of building including fire exit clearance, general public access or similar. 10.3.4 - Shorepower is available for tour buses and similar with prior agreement.
11. Health, Safety & Wellbeing 11.1 General Safety & Policy 11.1.1 - The Visiting Manager must ensure all members of its company and associates adhere to the Health, Safety and Wellbeing policies of LGM as required under Health And Safety At Work 1974. Copies of the venue’s policies are noted in section 12 below and are available upon request. 11.1.2 - The Visiting Manager must ensure all members of its company and associates are aware of the fire evacuation procedures of the venue. A Terms & Conditions of Booking – February 2024
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specific briefing is available for larger companies on request from the Duty Technician. 11.1.3 - The Visiting Manager must ensure all its company members and associates utilise the sign-in sheets available at stage door at all times during their usage of the venue. 11.1.4 - The Visiting Manager must ensure all of its company members and associates are suitably trained and competent to use their equipment. 11.1.5 - The Visiting Manager must ensure all incoming equipment (including props & set pieces) to the venue are suitably tested and in good condition. The Resident Manager reserves the right to request proof of servicing or rights of inspection without prejudice at any time. 11.1.6 - The Visiting Manager must ensure that any items that present a flammability risk are suitably fire treated prior to being brought on site in line with industry standards and the policies of LGM. The Resident Manager reserves the right to request copies of legacy and manufacture at any time. 11.1.7 - The Resident Manager remains responsible for the upkeep of any inhouse equipment as required under the law and regulations. Copies of servicing, statutory testing, etc. are available upon request. 11.1.8 - If any of the following are to be used they are the responsibility and liability of the Visiting Manager and must be used in accordance with local regulations for safe use and storage. Additionally the Visiting manager must fulfil the conditions as set by the Resident Manager through the venue’s Health, Safety and Wellbeing Policy (available in 12 below). 11.1.9 - Fire Arms (Live, Replica or decommissioned, including blank firing), Bladed Articles (as defined under the Prevention of Crime Act 1953 et all), Medical properties and equipment, Materials and equipment for the simulation of smoking on stage. 11.1.10 - The use of Hot Fallout pyrotechnics and lasers are not permitted within The Venue. Terms & Conditions of Booking – February 2024
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11.1.11 - The Resident Manager reserves the right at any time to refuse the use of any items listed above in the interests of health, safety & wellbeing. The Visiting Manager must remove these items from the venue or remedy these concerns with immediate effect.
11.2 Capability (Alcohol & Drugs) 11.2.1 - The Resident Manager does not allow alcohol in the rear of house, on stage or in the production areas. The Visiting Manager must maintain this policy throughout the engagement. 11.2.2 - The Resident Manager has a zero tolerance policy on the use of illegal drugs & substances. The Resident Manager reserves the right to remove any person found holding, handling or using drugs on site regardless of station, position or value to the engagement. 11.2.3 - The Resident Manger retains the right to terminate an engagement in the interests of health, safety & wellbeing due to intoxication by any means. The Visiting Manager shall be responsible for any costs incurred as a result of this termination.
11.3 Children & Vulnerable Persons 11.3.1 - The Visiting Manager is responsible for the health, safety & wellbeing of any children or vulnerable persons included in their company including such suitable provision of matrons, carers or similar. 11.3.2 - The Visiting Manager is responsible for ensuring all Matrons & Carers are suitably licensed with the relevant authorities. 11.3.3 - The Visiting Manager is responsible for the ensuring all suitable child performance licences, permits, exemptions and similar are approved and received prior to the engagement. 11.3.4 - The Visiting Manager shall provide upon request copies of all paperwork related to child safety, including but not limited to licences, permits, exemptions. 11.3.5 - The Visiting Manager shall ensure that during the engagement all children & vulnerable persons are operating under the requirements of Terms & Conditions of Booking – February 2024
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relevant legal statue, acts and bylaws. 11.3.6 - The Visiting Manager shall ensure the delivery & collection of all children & supervised persons are made via the stage door only.
12. Links & Contacts Lowther Pavilion Theatre Marketing Resources lowtherpavilion.co.uk/marketing-resources Lowther Pavilion Theatre Health and Safety Policy lowtherpavilion.co.uk/general-health-and-safety-policy Lowther Pavilion Theatre Management administrator@lowtherpavilion.co.uk Lowther Pavilion Theatre Technical technical@lowtherpavilion.co.uk Lowther Pavilion Theatre Marketing marketing@lowtherpavilion.co.uk Local Authority Licensing (Fylde Borough Council) licensing@fylde.gov.uk Child Licensing (Lancashire County Council) childlicensing@lancashire.gov.uk
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