J. Philip Gibbs, Jr., Centre for the Performing Arts
Policies and Procedures
(January 1, 2016)
1) AUTHORITY
The J. Philip Gibbs, Jr., Centre for the Performing Arts (hereinafter referred to as the THEATRE) is owned by the FRIENDS OF THE OLD TOWN THEATRE (hereinafter referred to as the OWNER). The OWNER shall have full responsibility for the operation and management of the THEATRE. The OWNER will advise the USER, at the time the AGREEMENT is signed, who will be the OWNER’S REPRESENTATIVE (hereinafter referred to as the OR). The OR is the person the USER is to contact in the event of questions, problems, etc.
2) DEFINITIONS
a) All persons and organizations using the THEATRE, whether as a renter or otherwise, is referred to as a USER in these Policies and Procedures. The term USER shall include all employees, agents, representatives, and all other parties working for or affiliated with the USER.
b) The term “THEATRE” shall mean the theatre building and all fixed items therein.
c) The term “facilities” shall mean the THEATRE building and all equipment, furnishings, property, supplies, etc. that are in the THEATRE or on the property on which the THEATRE is located.
d) The term “premises” shall mean the THEATRE building and the property on which the THEATRE is located.
3) LIABILITY
a) The OWNER does NOT assume any responsibility for the property of any USER. Furthermore, the OWNER assumes no responsibility for any injury, liability, loss, or damage suffered by any USER, or any other person or organization entering the THEATRE.
b) A USER shall be liable to the OWNER for all injury, loss or damage to the THEATRE building, its equipment, furnishings, and any property contained in the THEATRE, during the rental period, and at any time during which the USER moves anything into or out of the THEATRE.
c) A USER shall indemnify and hold harmless the OWNER, its officers, agents, members and employees from any and all damages, loss or liability of any kind whatsoever, including attorneys’ fees, by reason of injury to property or persons, occasioned by any error, omission or negligent act of the USER, its officers, agents, employees, invitees or other persons for whom it is legally liable with regard to the performance of the Agreement as well as any other claim asserted, whether in contract or in tort, including any claims for copyright infringement or violations of intellectual property rights. The USER further agrees to indemnify the OWNER for any and all injury and/or damage to the OWNER’S staff, contractors or facilities caused by the USER, its employees, patrons, visitors or any other person injuring or damaging the OWNER’S staff, contractors or facilities as a consequence of the USER’S use of the THEATRE.
4) RESPONSIBILITY
a) The OWNER provides utilities. However, if for reasons beyond its control the OWNER fails to furnish utilities, the OWNER shall not be liable for any damages to the USER, nor shall the failure constitute a breach of the Agreement.
b) The USER shall be responsible for the conduct and proper dress of their representatives.
c) The USER shall maintain the THEATRE in an orderly and safe condition during their use of the facility; however, the OWNER assumes no responsibility to inspect, discover, warn the USER, or correct any condition in the THEATRE caused by the USER.
d) The USER shall clean the facilities as prescribed in the Agreement.
e) Any property belonging to the USER, which remains on the premises after the time allowed in the Agreement, may be sold or stored at the discretion of the OWNER. The proceeds from all property sold, less expenses, shall be held by the OWNER for the benefit of the USER. The USER shall pay a reasonable storage fee for all property stored.
5) HOURS OF OPERATION
a) Normal operating hours for the THEATRE are from 9:00 a.m. to 5:00 p.m., Monday through Friday.
b) Normal Performance and Rehearsal hours are from 9:00 a.m. to 10:00 p.m., Monday through Sunday.
c) The OWNER may permit the use of the THEATRE outside normal hours, however special arrangements must be made with the OWNER’S REPRESENTATIVE (OR) for use outside normal hours.
6) RESERVATION OF THE THEATRE
a) USER Categories
Category 1: Huntsville Community Theatre; Category 2: Sam Houston State University and Huntsville Area schools; Category 3: Other non-profit organizations; Category 4: Commercial organizations using the facility for performance purposes; Category 5: Individuals using the facility for private functions.
b) Right to Require Proof of Status
The OWNER reserves the right to require copies of ta USER’S Articles of Incorporation, Bylaws, IRS certification of non-profit status, or other documents needed for the purpose of determining the appropriate use category for the USER.
c) Scheduling / Reservations
1) The scheduling year shall be from January 1 through December 31. Activities may be scheduled up to 12 months in advance.
2) The OWNER shall keep a calendar containing the reservations for each scheduling year. This calendar shall be available to a proposed USER upon request.
3) The OWNER reserves the right to refuse to rent the THEATRE to any organization or individual for any lawful reason.
7) REMOVAL / MOVING OF SETS & SCENERY
a) A USER using the facility for more than one week will be allowed to leave its sets & scenery in place at no additional charge; however, all sets & scenery left in the THEATRE shall be constructed in a manner that will allow movement of the sets & scenery if necessary. Moving of sets & scenery may be necessary to allow another booking.
b) A USER will be notified of the necessity to move the sets & scenery as soon as practicable, and in no event less than one week prior to the move. If a move is required, USER will be responsible for moving and replacing its sets & scenery at no cost to the OWNER.
c) There will be no charge to the USER for the time the USER requires to move the sets & scenery to allow for another booking of the THEATRE.
d) The USER shall remove from the premises all property, goods and effects belonging to the USER or caused by the USER to be brought upon the premises, within 24 hours from the last time of use.
8) COST OF USE RATES
a) The cost of use rates are set forth in the THEATRE LEASING RATES
b) The cost of use rates are subject to change by the OWNER at any time.
9) SUPPLIES
The THEATRE does not keep supplies on hand for the USERS. In the event a USER needs supplies which are on hand at the THEATRE, the OWNER shall charge the USER for the supplies used. The OWNER, in its sole discretion, shall determine the amount to be charged.
10) PARKING
The THEATRE owns five (5) parking spaces at the rear of the theatre. These spaces are available to the USER during the times of use at no charge. The USER must not use any other parking spaces at the rear of the theatre, nor park its vehicles such that the parking spaces belonging to the owners of adjacent properties are inaccessible.
11) RESTRICTIONS
a) The THEATRE is a tobacco-free facility. This includes the stage and dressing room areas.
b) No food or drink may be brought from off the premises into the theatre without the express permission of the OWNER.
c) No flammable and/or toxic materials, firearms, weapons, devices producing sparks or flame, or fog/smoke machines of any type may be used in the THEATRE unless same has been approved by the OWNER.
d) Any modification of, or addition to, the THEATRE’S lighting, stage area, curtains, or other equipment belonging to the OWNER, must be approved in writing by the OWNER prior to making the change.
e) No set construction may be placed such that it can prevent, or hinder, the lowering of the roll-up screen which hangs near the front of the stage.
f) Confetti, glitter, or other materials that are difficult to clean up, may not be used.
g) USER shall not allow the use of spray paint inside the THEATRE.
h) USER shall not, under any circumstances, tape, tack, nail or attach anything to the interior or exterior walls, the stage, or any other portion of the facility, without written permission of the OWNER.
i) USER shall not distribute, circulate, post, or permit to be distributed, circulated or posted, any advertising matter or programs at the entrance to, or in or about any part of the THEATRE, except those which are approved by the OWNER.
j) USER shall not sell or distribute, or permit to be sold or distributed, tickets or passes in excess of the seating capacity of the facility.
12) ASSIGNMENT
The USER shall not, without the written consent of the OWNER,
a) assign the Agreement to other parties,
b) use the THEATRE for purposes other than those specified in the Agreement, or
c) sublet the THEATRE, or any part thereof.
13) PERSONAL DEVICES
Laser devices may not be used in the THEATRE, whether by the USER or by the audience. Likewise, cell phones are not permitted in the THEATRE during a performance unless turned OFF or set to ring using vibration. Cameras (still, movie or video) or recording devices of any sort may not be used in the THEATRE without the express permission of the OWNER and the USER.
14) CLEANING
You are expected to clean up after your event. The building is an HISTORIC presence, and in order for us to maintain it and be able to utilize it for our community’s benefit, you are asked to do your part. A list of expectations will be provided. It is STRONGLY recommended that you plan ahead to schedule volunteers from your group for cleanup. Depending on the size of your event, cleanup will take anywhere from 30 minutes to two hours (or more). Cleaning/Damage deposits will be partially refundable, depending on cleaning and supply costs incurred by the THEATRE post-performance. See Theatre Leasing Rates or contact your OTT Representative to learn more.
15) OTHER
a) The agents and representatives of the OWNER shall have the right to make inspections of the premises at any time for the purpose of ensuring compliance with the terms and conditions of the Agreement.
b) In addition to the stage and public seating facilities granted to USER by the agreement, the USER may request the use of additional areas in the THEATRE. If the OWNER agrees that the USER may use some or all of the additional areas requested, the OWNER will give the USER written consent to do so.
c) Neither of the parties to an Agreement shall be deemed in violation of the Agreement if they are prevented from performing any of the obligations thereunder by reason of strikes, boycotts, labor disputes, acts of God, acts of public enemy, acts of a governmental authority, riots, rebellion, sabotage, or any other circumstances for which neither party is responsible, or over which they have no control.
d) The signed Agreement can only be changed by a written amendment, executed by the parties thereto.
e) The OWNER reserves the right to eject or cause to be ejected from the premises any person or persons violating the law or causing a disturbance that could result in a breach of the peace, and neither the OWNER nor any of its officers, agents, members or employees shall be liable to the USER for any loss, damage, or injury that may result through the exercise of such right.
f) No right or remedy granted herein or reserved to the OWNER is exclusive of any other right or remedy provided by law or equity, but each shall be cumulative.
g) No waiver by the OWNER of any default or breach of any term, condition or covenant of this Agreement by the USER shall be deemed to be a waiver of any subsequent default or breach of any other term, condition or covenant contained herein.
h) Any notice or document required or permitted to be delivered to the USER in accordance with the Agreement, shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, certified mail return receipt requested, and addressed to the USER at the address listed on the Agreement, or at such other address as the USER may hereinafter specify by written notice delivered in accordance therein.
i) Profanity and/or obscenity in a show/performance are likely to hurt the relations between the THEATRE and the community and are discouraged. If the OWNER decides that the material shown or performed by the USER violates this policy and, therefore, is inappropriate, the OWNER will cancel the Agreement unilaterally. Such a cancellation shall not constitute a breach of the Agreement, and the OWNER shall not be liable for any damages to the USER as a result of the cancellation.
(January 1, 2016)
1) AUTHORITY
The J. Philip Gibbs, Jr., Centre for the Performing Arts (hereinafter referred to as the THEATRE) is owned by the FRIENDS OF THE OLD TOWN THEATRE (hereinafter referred to as the OWNER). The OWNER shall have full responsibility for the operation and management of the THEATRE. The OWNER will advise the USER, at the time the AGREEMENT is signed, who will be the OWNER’S REPRESENTATIVE (hereinafter referred to as the OR). The OR is the person the USER is to contact in the event of questions, problems, etc.
2) DEFINITIONS
a) All persons and organizations using the THEATRE, whether as a renter or otherwise, is referred to as a USER in these Policies and Procedures. The term USER shall include all employees, agents, representatives, and all other parties working for or affiliated with the USER.
b) The term “THEATRE” shall mean the theatre building and all fixed items therein.
c) The term “facilities” shall mean the THEATRE building and all equipment, furnishings, property, supplies, etc. that are in the THEATRE or on the property on which the THEATRE is located.
d) The term “premises” shall mean the THEATRE building and the property on which the THEATRE is located.
3) LIABILITY
a) The OWNER does NOT assume any responsibility for the property of any USER. Furthermore, the OWNER assumes no responsibility for any injury, liability, loss, or damage suffered by any USER, or any other person or organization entering the THEATRE.
b) A USER shall be liable to the OWNER for all injury, loss or damage to the THEATRE building, its equipment, furnishings, and any property contained in the THEATRE, during the rental period, and at any time during which the USER moves anything into or out of the THEATRE.
c) A USER shall indemnify and hold harmless the OWNER, its officers, agents, members and employees from any and all damages, loss or liability of any kind whatsoever, including attorneys’ fees, by reason of injury to property or persons, occasioned by any error, omission or negligent act of the USER, its officers, agents, employees, invitees or other persons for whom it is legally liable with regard to the performance of the Agreement as well as any other claim asserted, whether in contract or in tort, including any claims for copyright infringement or violations of intellectual property rights. The USER further agrees to indemnify the OWNER for any and all injury and/or damage to the OWNER’S staff, contractors or facilities caused by the USER, its employees, patrons, visitors or any other person injuring or damaging the OWNER’S staff, contractors or facilities as a consequence of the USER’S use of the THEATRE.
4) RESPONSIBILITY
a) The OWNER provides utilities. However, if for reasons beyond its control the OWNER fails to furnish utilities, the OWNER shall not be liable for any damages to the USER, nor shall the failure constitute a breach of the Agreement.
b) The USER shall be responsible for the conduct and proper dress of their representatives.
c) The USER shall maintain the THEATRE in an orderly and safe condition during their use of the facility; however, the OWNER assumes no responsibility to inspect, discover, warn the USER, or correct any condition in the THEATRE caused by the USER.
d) The USER shall clean the facilities as prescribed in the Agreement.
e) Any property belonging to the USER, which remains on the premises after the time allowed in the Agreement, may be sold or stored at the discretion of the OWNER. The proceeds from all property sold, less expenses, shall be held by the OWNER for the benefit of the USER. The USER shall pay a reasonable storage fee for all property stored.
5) HOURS OF OPERATION
a) Normal operating hours for the THEATRE are from 9:00 a.m. to 5:00 p.m., Monday through Friday.
b) Normal Performance and Rehearsal hours are from 9:00 a.m. to 10:00 p.m., Monday through Sunday.
c) The OWNER may permit the use of the THEATRE outside normal hours, however special arrangements must be made with the OWNER’S REPRESENTATIVE (OR) for use outside normal hours.
6) RESERVATION OF THE THEATRE
a) USER Categories
Category 1: Huntsville Community Theatre; Category 2: Sam Houston State University and Huntsville Area schools; Category 3: Other non-profit organizations; Category 4: Commercial organizations using the facility for performance purposes; Category 5: Individuals using the facility for private functions.
b) Right to Require Proof of Status
The OWNER reserves the right to require copies of ta USER’S Articles of Incorporation, Bylaws, IRS certification of non-profit status, or other documents needed for the purpose of determining the appropriate use category for the USER.
c) Scheduling / Reservations
1) The scheduling year shall be from January 1 through December 31. Activities may be scheduled up to 12 months in advance.
2) The OWNER shall keep a calendar containing the reservations for each scheduling year. This calendar shall be available to a proposed USER upon request.
3) The OWNER reserves the right to refuse to rent the THEATRE to any organization or individual for any lawful reason.
7) REMOVAL / MOVING OF SETS & SCENERY
a) A USER using the facility for more than one week will be allowed to leave its sets & scenery in place at no additional charge; however, all sets & scenery left in the THEATRE shall be constructed in a manner that will allow movement of the sets & scenery if necessary. Moving of sets & scenery may be necessary to allow another booking.
b) A USER will be notified of the necessity to move the sets & scenery as soon as practicable, and in no event less than one week prior to the move. If a move is required, USER will be responsible for moving and replacing its sets & scenery at no cost to the OWNER.
c) There will be no charge to the USER for the time the USER requires to move the sets & scenery to allow for another booking of the THEATRE.
d) The USER shall remove from the premises all property, goods and effects belonging to the USER or caused by the USER to be brought upon the premises, within 24 hours from the last time of use.
8) COST OF USE RATES
a) The cost of use rates are set forth in the THEATRE LEASING RATES
b) The cost of use rates are subject to change by the OWNER at any time.
9) SUPPLIES
The THEATRE does not keep supplies on hand for the USERS. In the event a USER needs supplies which are on hand at the THEATRE, the OWNER shall charge the USER for the supplies used. The OWNER, in its sole discretion, shall determine the amount to be charged.
10) PARKING
The THEATRE owns five (5) parking spaces at the rear of the theatre. These spaces are available to the USER during the times of use at no charge. The USER must not use any other parking spaces at the rear of the theatre, nor park its vehicles such that the parking spaces belonging to the owners of adjacent properties are inaccessible.
11) RESTRICTIONS
a) The THEATRE is a tobacco-free facility. This includes the stage and dressing room areas.
b) No food or drink may be brought from off the premises into the theatre without the express permission of the OWNER.
c) No flammable and/or toxic materials, firearms, weapons, devices producing sparks or flame, or fog/smoke machines of any type may be used in the THEATRE unless same has been approved by the OWNER.
d) Any modification of, or addition to, the THEATRE’S lighting, stage area, curtains, or other equipment belonging to the OWNER, must be approved in writing by the OWNER prior to making the change.
e) No set construction may be placed such that it can prevent, or hinder, the lowering of the roll-up screen which hangs near the front of the stage.
f) Confetti, glitter, or other materials that are difficult to clean up, may not be used.
g) USER shall not allow the use of spray paint inside the THEATRE.
h) USER shall not, under any circumstances, tape, tack, nail or attach anything to the interior or exterior walls, the stage, or any other portion of the facility, without written permission of the OWNER.
i) USER shall not distribute, circulate, post, or permit to be distributed, circulated or posted, any advertising matter or programs at the entrance to, or in or about any part of the THEATRE, except those which are approved by the OWNER.
j) USER shall not sell or distribute, or permit to be sold or distributed, tickets or passes in excess of the seating capacity of the facility.
12) ASSIGNMENT
The USER shall not, without the written consent of the OWNER,
a) assign the Agreement to other parties,
b) use the THEATRE for purposes other than those specified in the Agreement, or
c) sublet the THEATRE, or any part thereof.
13) PERSONAL DEVICES
Laser devices may not be used in the THEATRE, whether by the USER or by the audience. Likewise, cell phones are not permitted in the THEATRE during a performance unless turned OFF or set to ring using vibration. Cameras (still, movie or video) or recording devices of any sort may not be used in the THEATRE without the express permission of the OWNER and the USER.
14) CLEANING
You are expected to clean up after your event. The building is an HISTORIC presence, and in order for us to maintain it and be able to utilize it for our community’s benefit, you are asked to do your part. A list of expectations will be provided. It is STRONGLY recommended that you plan ahead to schedule volunteers from your group for cleanup. Depending on the size of your event, cleanup will take anywhere from 30 minutes to two hours (or more). Cleaning/Damage deposits will be partially refundable, depending on cleaning and supply costs incurred by the THEATRE post-performance. See Theatre Leasing Rates or contact your OTT Representative to learn more.
15) OTHER
a) The agents and representatives of the OWNER shall have the right to make inspections of the premises at any time for the purpose of ensuring compliance with the terms and conditions of the Agreement.
b) In addition to the stage and public seating facilities granted to USER by the agreement, the USER may request the use of additional areas in the THEATRE. If the OWNER agrees that the USER may use some or all of the additional areas requested, the OWNER will give the USER written consent to do so.
c) Neither of the parties to an Agreement shall be deemed in violation of the Agreement if they are prevented from performing any of the obligations thereunder by reason of strikes, boycotts, labor disputes, acts of God, acts of public enemy, acts of a governmental authority, riots, rebellion, sabotage, or any other circumstances for which neither party is responsible, or over which they have no control.
d) The signed Agreement can only be changed by a written amendment, executed by the parties thereto.
e) The OWNER reserves the right to eject or cause to be ejected from the premises any person or persons violating the law or causing a disturbance that could result in a breach of the peace, and neither the OWNER nor any of its officers, agents, members or employees shall be liable to the USER for any loss, damage, or injury that may result through the exercise of such right.
f) No right or remedy granted herein or reserved to the OWNER is exclusive of any other right or remedy provided by law or equity, but each shall be cumulative.
g) No waiver by the OWNER of any default or breach of any term, condition or covenant of this Agreement by the USER shall be deemed to be a waiver of any subsequent default or breach of any other term, condition or covenant contained herein.
h) Any notice or document required or permitted to be delivered to the USER in accordance with the Agreement, shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, certified mail return receipt requested, and addressed to the USER at the address listed on the Agreement, or at such other address as the USER may hereinafter specify by written notice delivered in accordance therein.
i) Profanity and/or obscenity in a show/performance are likely to hurt the relations between the THEATRE and the community and are discouraged. If the OWNER decides that the material shown or performed by the USER violates this policy and, therefore, is inappropriate, the OWNER will cancel the Agreement unilaterally. Such a cancellation shall not constitute a breach of the Agreement, and the OWNER shall not be liable for any damages to the USER as a result of the cancellation.