- Issued: 11-1-96
- Revised: 03-08
I. PURPOSE
The objective of the policy, approved by the College President’s
Cabinet, is to establish a guideline for the usage and rental
of the Concert Hall at Fort Lewis College.
II. GENERAL
A. USERS
The following groups are the categories of potential users.
1. Academic users are on campus programs directly
tied to the established curriculum of the College. These
uses refer to programs required for graduation.
2. Non-academic on-campus users are supplemental
programs that are part of the college community but are
not a part of an established academic curriculum program
required for graduation. Example: Student Government and
authorized student clubs.
3. Non-profit users are part of a recognized non-profit
agency with federal tax papers to prove their status.
4. Commercial users are users that do not fall
into one of the above groups.
B. SCHEDULING GUIDELINES FOR USERS
1. Academic Users
a) Music Department - 16 uses per year at no
charge. Dates must be reserved by December 1st,
two (2) years in advance of the year being booked. All
additional dates will be charged at the Level 1 Rate.
b) Other Academic Departments - Charged at the
Level 1 Rate.
2. Non-Academic On-Campus Users
Bookings will be on a first come, first served basis
and will be charged at the Level 1 Rate. These departments
are encouraged to submit dates for the following year
by December 1st to allow them the opportunity
to reserve priority dates.
3. Non-Profit Organizations
a) Bookings will be on a first come, first served
basis and will be charged at the Level 2 Rate.
b) Non-profit organizations associated with
the Durango Arts Center will be encouraged to submit
their dates by December 1st for the next
calendar year to give them a fair and equitable right
to book advanced dates in the Concert Hall.
4. Commercial Groups
Bookings will be on a first come first served basis.
III. BASIC CONTRACT PROVISIONS
A contractual agreement, signed by agents for the Concert
Hall and the client, is required at the time a reservation
for use of the Concert Hall is confirmed. No advertising or
ticket sales are permitted until a fully executed contract
is received by both parties.
When the performing attraction is other than the client,
the client agrees to furnish the Concert Hall, at the time
of signing its contract with the Concert Hall, a copy of the
signed artist contract, including all riders.
An inventory of stage lighting, sound, theatrical rigging
equipment, and dressing rooms will be provided to the client.
Client will be responsible for any damage to any part of
the building that may occur during the period of the rental
contract.
Client’s lighting and sound requirements must be submitted
to the Concert Hall Director at least thirty (30)
calendar days in advance so that equipment usage can be determined.
Equipment which is not owned or which is not available for
use by the client may be rented. Rental costs will be assigned
to the client.
A. INTERRUPTION OR TERMINATION OF SHOW
Concert Hall management shall retain the right to cause
the interruption of any performance in the interest of public
safety and to likewise cause the termination of such performance
when it is the sole judgment of the Concert Hall management
that such action is necessary in the interest of public
safety.
B. EVACUATION OF FACILITY
Should it become necessary in the judgment of the Concert
Hall staff to evacuate the premises for reasons of public
safety, the client will retain possession of the premises
following restoration to normalcy for sufficient time to
complete presentation of the activity without additional
rental charge, providing such time does not interfere with
another client. If, at the discretion of the Concert Hall,
it is not possible to complete presentation of the activity,
rental shall be forfeited, pro-rated, or adjusted at a rate
mutually agreed upon by the Concert Hall’s Managing Director
and the client based on the situation.
C. VACATION OF PREMISES/DAMAGES/CLEAN-UP RESPONSIBILITY
In the event the client has not vacated the Concert Hall
according to the contract, the Concert Hall reserves the
right to remove the client’s possessions, clean the facility,
and charge the client for the cost of doing so. The client
shall be responsible for any and all damages to the Concert
Hall caused by acts of client or client’s agents. Client
further agrees to leave the Concert Hall premises in the
same condition as existed on the date the client took possession,
ordinary wear and use excepted. Any additional charges incurred
because of an excessive amount of post-event clean-up will
be borne by the client. Dressing room hallways and backstage
hallways must be kept clean and free of client supplies
and equipment at all times. The Concert Hall assumes no
responsibility for loss or damage to client’s possessions
left in these areas. All reception and party rentals will
be required to pay for damage/cleaning, including campus
users.
All construction, or alterations to any portion of the
Concert Hall and the use of any fire or dangerous substance
in any performance must first be approved in writing by
the Concert Hall’s management.
D. EXTENSION OF TIME/CHANGES IN SCHEDULING
Time shall be of the essence in the Client Agreement and
the time herein granted shall not be extended for the occupancy
or use of the premises or for the installation or removal
of equipment without the written permission of Concert Hall
management. All such additional time shall be paid for according
to the schedule of fees fixed by the Concert Hall if such
permission is granted. Any other changes in scheduling requested
by the Client will be accommodated when possible and must
be submitted to the Managing Director in writing. There
is no guarantee that a schedule change can be accommodated.
E. CANCELLATION
A cancellation must be made by notifying the Concert Hall’s
Managing Director in writing. All clients will received
a 100% refund or any funds held on deposit, exclusive of
any ticketing fees, or out-of-pocket expenses, when notification
of the cancellation is received at least ninety (90) calendar
days prior to the scheduled event. All Clients will receive
a 50% refund of any funds on deposit, exclusive of any ticketing
fees or out-of-pocket expenses, when notification of the
cancellation is received at least sixty (60) calendar days
prior to the scheduled event. No refund will be made to
the Client when notice of cancellation is not received a
least (60) calendar days prior to the event.
F. HOUSE TICKETS
The Concert Hall management reserves the right to twelve
(12) tickets for every performance in the Concert Hall.
These may not be sold and will be returned to the client
two (2) hours before the performance if not distributed.
Any permanent, full-time Concert
Hall employee with more than ten years with the facility may
request up to two tickets to any performance, to include
house productions as well as rental events.
G. RENTAL RATES/SPACE RESERVATIONS/DEPOSITS
A rental rate will be charged to each client of the Concert
Hall according to the current rental rate schedule. In some
instances a "percentage of gross" rent formula
will be charged over and beyond the established rate schedule
(see Exhibit A). A multi-tiered rent schedule has been established
with commercial groups paying the full rental rate and non-profits
or campus organizations paying a reduced rate. Any co-sponsor
agreements between commercial and non-profit or campus groups
are subject to review by the Concert Hall management. Fronting
for the purpose of obtaining a lower rental rate is forbidden.
If two or more entities are co-sponsoring an event, the
highest of the applicable rates will be charged.
Clients will have the responsibility of providing information
regarding their event in a timely way to the Concert Hall
management. Should the client meet with the Concert Hall
management far enough in advance, a preliminary estimate
of variable production costs will be provided. Thirty days
prior to the event, the Concert Hall management will provide
a final estimate of the variable production costs associated
with that event which will be reviewed with the client.
The Concert Hall management will determine the appropriate
number of Back-of-House (BOH) and Front-of-House (FOH) personnel
required for each event. Labor costs for BOH and FOH personnel
employed or supplied by the Concert Hall will be paid by
the client at prevailing rates. Once the final production
cost estimate is agreed to by both parties, the Concert
Hall will charge the client actual costs for labor.
Subject to prior arrangement and certification by the Concert
Hall management, the client may provide it’s own back stage
operating crews. The Concert Hall management reserves the
right to demand the removal of any member of the client’s
crew whose conduct or procedures may be considered damaging
to the equipment or hazardous to the safety of any person
occupying the space. In addition, the Concert Hall management
reserves the right to require the removal of any of the
client’s equipment or material which, in their judgment,
may be damaging to the Concert Hall equipment or hazardous
to the safety of any person occupying the space.
A non-refundable deposit of 50% of the rental rate will
be required to confirm a reservation ninety (90) calendar
days prior to the date of the event. If the deposit or purchase
order is not received, the date will automatically be considered
"open" and the Concert Hall management will attempt
to fill that date. The balance of the rental rate and Certificate
of Insurance ($1,000,000) are due ten (10) business days
prior to occupancy.
A client group may be required to post a performance bond
and/or property damage and liability insurance at the discretion
of the Concert Hall management. If such insurance is required,
the protection required must be at least $500,000 for personal
injury or death to any one person, at least $1,000,000 for
any one accident or occurrence, and at least $500,000 for
property damage.
H. DATE/CHALLENGE
Within six (6) months of a scheduled event, a date that
is being "held" (without confirming deposit) for
one client (Client A) may be challenged by another potential
client (Client B). Annual Holds are not subject to a date
challenge. To initiate the challenge, the following process
will be followed:
Client B completes a Concert Hall Rental Contract and
attaches to it a 50% of Rental Rate deposit check or purchase
order.
The deposit check or purchase order will be held until
completion of the "challenge" at which time it
will either:
1. be processed to hold the date (i.e., Client
B acquires the date in question) OR
2. the deposit check or purchase order is returned
to Client B (i.e., Client A retains the date.)
Client A will have five (5) business days from date of
notification by Concert Hall management that a "challenge"
has been initiated to make a non-refundable 50% deposit
or to deliver a valid purchase order. Once Client A completes
the deposit process, the date is secure. No other "challenges"
can then be initiated for that particular date. Purchase
orders in lieu of payment will be processed immediately.
I. HOUSE/ PERFORMANCE
1. House Manager
The Concert Hall will furnish at each performance, a
House Manager to supervise Front-of-House operations.
The authority of the House Manager is absolute with regard
to times of opening the house lobbies, start of program,
length of intermission, safety of staff and audience,
and protection of the facility.
2. Personnel
The Concert Hall will establish minimum requirements
and arrange for House Management, concessions, ushers,
ticket takers, and any other Front-of-House personnel
deemed fitting and necessary. Client may, with Concert
Hall management approval, provide qualified, trained volunteers
to augment Concert Hall staff. The Concert Hall staff
shall have the right to supervise all Front-of-House personnel
provided by clients. If the Concert Hall staff deems that
additional security is required, it will be added to the
client Agreement and charged to the client at an agreed
upon rate.
3. Open Rehearsals
Any rehearsal at which non-productive personnel are in
attendance must be declared "open" at the time
the space application is completed or no less than one
(1) week prior.
Any rehearsal at which fifty (50) or more non-production
personnel are in attendance shall be arranged in advance
with the Concert Hall management and will be considered
a performance with full rental rates applying.
4. Performance Time
The Concert Hall will open to the public one (1) hour
prior to a scheduled performance time. The house will
be opened to audience one-half hour prior to scheduled
performance time. The Program will begin promptly at the
time printed on the tickets, though client may designate
an appropriate time for latecomer seating. If the program
content is at or exceeds one and one-half hours, there
shall be at least one (1) intermission with a minimum
of fifteen (15) minutes in length required. Specific arrangements
to the contrary must be agreed to in advance by the Concert
Hall’s Managing Director.
5. Smoking
Client will not permit smoking of any of it’s agents,
employees, or guests within any area of the Concert Hall.
6. Lodging Forbidden
Client or any person or persons claiming to be acting
for the client are prohibited from using the Concert Hall
as overnight lodging accommodation.
7. Animals
Client will not bring, keep or allow to be kept, any
animal in the Concert Hall except when used in performance.
In rare cases, Concert Hall management may, upon request,
provide written exemption from this policy. In all cases,
Guide Dogs are exempt from this policy.
J. DISPLAYS
Client will display no posters, photographs, models, etc.
without permission of the Concert Hall Managing Director,
and then only in such areas as are specified and with such
materials as are approved in advance.
1. Objectionable Material/Objectionable Persons
The Concert Hall reserves the right at it’s sole discretion,
to require the client the inclusion in all advertising
of a phrase acceptable to both the client and the Concert
Hall management that alerts the potential ticket buyer
to the maturity of the theme or action which might be
considered objectionable.
The Concert Hall management also reserves the right to
remove from the Concert Hall, any person or persons deemed
objectionable by the Concert Hall management for the reason
that they may be causing a public disturbance or physical
damage to the premises.
2. Public Relations Contact
Client shall provide the Concert Hall management with
the name of the person chiefly responsible for publicizing
the event and a telephone number at which that person
can be contacted.
K. EVENT PROGRAMS
The client is responsible for the production, printing,
and delivery of the event program to the Concert Hall management.
event programs must be delivered to the House Manager of
the Concert Hall at least three (3) hours prior to the scheduled
performance. Note how many programs have been printed along
with any specific directions. The Concert Hall staff or
the staff approved by the Concert Hall management for working
the performance, will assist with the distribution of the
client’s program. Any remaining programs will be discarded
or recycled immediately after the performance unless prior
arrangements have been made with the Concert Hall.
1. Future Attractions
The Concert Hall management reserves the right to distribute
to the audience announcements and literature concerning
future attractions to be held at the Concert Hall, whether
such attractions are under the auspices of the client
or not.
2. Marketing Policies
Marketing of all performances that take place in the
Concert Hall will be reviewed by the Concert Hall’s Managing
Director. All marketing of the Concert Hall will be under
the direction of the Concert Hall’s Managing Director,
who will handle promotion of each performance on an individual
basis.
L. CATERING AND CONSESSION RIGHTS
The Concert Hall management retains the exclusive right
to operate all concession and catering services within the
Concert Hall. The client may bring in their own catering
services upon written approval of Concert Hall management.
1. Community Concert Hall Alcohol
Service Policy
There is no alcohol beverage service allowed at the
Community Concert Hall without permission of the Director
of the Community Concert Hall. The right
to sell or serve alcoholic beverages and/or concessions
is held by the facility.
The Community Concert Hall at Fort Lewis College (hereafter
referred to as the "Facility") holds a license
to serve alcoholic beverages. Where service or sale
of alcoholic beverages is requested at a scheduled event,
contact the Director. Approval is not automatic;
the Director reserves the right to approve or refuse
any request for service of alcoholic beverages in the
facility. Unless otherwise requested and approved,
the Facility will operate a concessions station and bar
during events. Costs will be covered by renter (concessions
prices) or by customer on a sale-by-sale basis.
The following requirements must be met by those requesting
service of alcohol in the Facility when concessions are
not sold by the Facility (i.e. fundraisers for renters,
private parties, etc.):
• Event must be held on a specific day and time.
Permission is not transferable, nor is it valid for
any event, location, day or time other than the one
for which the event is contracted.
• Any alcoholic beverages sold or served must be
sold or served by the drink only.
• Only alcoholic beverage(s) permitted for sale
or service by the Director may be sold or distributed
at the licensed premises.
• Consumption of alcoholic beverage(s) must remain
within defined, licensed premises. Alcohol is
not allowed outside of the Facility.
• Food and non-alcoholic beverages must also be
available. Food and beverages that are not purchased
through the Facility will have a service fee of (min.
$25) depending on requirements (linens, set up, cleaning,
cups, napkins, recycling, etc.).
• The Facility must purchase the approved beverage(s)
and arrange for storage and receipt of delivery prior
to the event. The liquor license number must be
provided to the distributor when the beverage(s) are
purchased. Alcohol must be ordered at least 30
days in advance of event.
• No alcoholic beverage(s) may be served to persons
under the age of 21 years. Facility will provide
the bartender(s) at a $10.00 per hour per server rate.
In addition, depending on requested service, there are
the following fees:
Wine $5.00 per bottle corkage fee
Beer $1.00 per bottle service fee
Beer tap fee $50 per keg
(Corkage/tap/service fees include glassware, linens,
ice, napkins, recycling, and physical set-up.)
• The Facility must provide all servers of alcoholic
beverages (labor costs will be billed back to the client).
• If deemed necessary by the Concert Hall, additional
supervision and security must be provided at the renter’s
expense.
The Concert Hall management retains the exclusive right
to operate all liquor sales within the Concert Hall. Special
event permits will be obtained by Concert Hall management
for all events that liquor will be sold. No liquor will
be sold at any event that is produced by students.
2. Food/Beverage Services Consumption
Concert Hall has exclusive rights on all food/beverage
concession sales. Any dressing room or onstage food and/or
drink requirements of the client’s performer(s) and/or
stage crews must be presented in advance of the event
in writing and attached to the contract. The Concert Hall
will help in supplying catering service upon request of
the client.
3. Other Concessions
The Concert Hall retains exclusive rights concerning
the sale of programs, novelties, souvenirs, mementos,
merchandise, and advertising materials sold within the
Concert Hall. A client group may conduct lobby sales of
souvenir merchandise, including video tapes and audio
recordings. The Concert Hall shall collect a 15% commission
on the sale price of each item sold. The Concert Hall
will collect 25% of gross sales if Concert Hall staff
sell the merchandise. The Concert Hall management must
be given advance notice of any souvenir sales. Souvenir
items must be available for an inventory count no less
than two (2) hours before the doors open to the public.
M. ESTIMATES AND EQUIPMENT
Requests may be made for the Concert Hall’s Managing Director
or his representative to estimate for client the labor and
equipment expenses prior to the client’s event. Actual costs
will be billed to the client, not to exceed 110% of the
estimate, unless the estimate has been updated with the
client’s approval.
1. Warranties
The Concert Hall agrees to use it’s best efforts to provide
properly maintained equipment required by the client’s
application. The Concert Hall will not be responsible
for loss of income caused client due to equipment failure
beyond the Concert Hall’s direct control. The Concert
Hall is not responsible for maintenance or repair of equipment
provided by client(s) or rented by client(s) event.
N. SETTLEMENT
1. Settlement shall include the following:
Unless otherwise specified, settlement and reconciliation
shall be completed for client group designee within five
working days following the close of the event, but only
after the client has met their obligations to return the
facility to its normal physical operating condition.
a) Ticketing Services Activity Report
b) Final assessment of client charges
The client should be represented at the
Settlement by an employee with check signing authority.
The Concert Hall Managing Director shall
have final authority on transfer of funds at settlement.
When ticketing services income exceeds anticipated expenses
and client requires funds for artist settlement, a reimbursement
of revenues collected will be processed after close of
event. A college check will be issued and mailed
to client once expenses have been deducted.
O. RIGHT OF AMENDMENT
The Concert Hall management reserves the right to change
and amend the Usage Policies, Rental Rules, Regulations
and Rates at any time. Changes in policy will go into effect
immediately. events scheduled within ninety (90) calendar
days of such changes in rental rates will be assessed fees
for services according to the schedule in effect at the
time the Client Application and cost estimates were completed.
Events falling outside the ninety (90) calendar day limitation
will be notified of and subject to the amendments and alterations.
In all cases, the Concert Hall staff will work to alleviate
undue hardships caused the client by these changes and amendments.
P. COMPLIANCE WITH LAWS AND LICENSING
1. Adherence to Laws
No activities in violation of Federal, State, or local
laws, ordinances, rules, regulations or the opinion of
the Board of Health, shall be permitted on Concert Hall
premises. The client shall be responsible while under
the terms and period of the Client Agreement to enforce
this provision.
2. ADA Compliance
It is the client’s responsibility to comply with ADA
Programmatic requirements (e.g., providing sign interpretation
for the hearing impaired). The Concert Hall meets or exceeds
all physical requirements for wheelchair accessibility
and also provides infra-red listening devices.
3. License and Fees
The client shall obtain and pay the fee for all licenses
and permits necessary to conduct operations specified
by the Contract. Client shall assume all costs arising
from the use of patented, trademarked, franchised or copyrighted
music, materials, devices, processes or dramatic rights
used or incorporated in the event. Client agrees to indemnify,
defend, and hold harmless the Concert Hall from material
described above. The Concert Hall may require evidence
of such licenses being in effect or will provide proper
licenses at client’s expense.
EXHIBIT A
RENTAL RATES
FORT LEWIS COLLEGE
COMMUNITY CONCERT HALL
Effective July 1, 2005
Campus Users: $600.00 per day
(Sun - Thurs)
Campus Users: $750.00 per day (Fri -
Sat)
Non-Profit (La Plata County): $600.00 per
day
(Sun – Thurs) plus 6% of gross ticket sales
Non-Profit (La Plata County): $750.00 per
day
(Fri & Sat) plus 6% of gross ticket sales
Non-Profit (Out-of-County): $750.00
per day
(Sun – Thurs) plus 6% of gross ticket sales or a minimum
guarantee of $900.00, whichever is greater
Non-Profit (Out of County): $900.00
per day (Fri and Sat) plus 6% of gross ticket sales
Commercial: $900.00 per
day (plus 6% of gross ticket sales or a minimum guarantee
of $1,200.00, whichever is greater)
Technical Set Up/Rehearsal: One-Half Daily
Rental Rate (plus clean up fee if applicable)
Dance Floor Maint./Set Up Fee: $150.00
per event
Timpani Rental/Maintenance Fee: $50.00
per day
Projection Screen: $100.00 per
day (in-house)
Projection Screen: $200.00 per
day (out-of-house)
Video Projector: $300.00 per
day
Slide Projector: $50.00 per day
Shell Set Up/Tear Down: $200.00 per
occurrence
Plus 15% of Out of House Concession Sales (T-Shirts,
CD’s, Posters, etc.)
If an event scheduled in the Concert Hall requires tickets,
in-house ticketing services must be utilized at $75.00
per event (plus 4% of sales). That cost covers the
ticket stock, box office sales of those tickets, and publicity
in the Concert Hall monthly newsletter. Ticket printing
is available to non-renters at a rate of $25.00 per 100
tickets, with a minimum charge of $25.00. If the
Concert Hall sells, there is a fee of 6% of gross ticket
sales (campus users) and 8.5% (non-campus users).
All of the above-listed renters must supply or pay
for the following house employees, as needed per performance:
Sound Technician $30.00 per hour
Sound Monitor Technician $20.00 per hour
Light Design $25.00 per hour
Light Technician $20.00 per hour
Spot Light Operators $50.00 per event
Stage Manager $18.00 per hour
Stage Hands $15.00 per hour
Ticket Sellers $10.00 per hour
Steinway Piano Usage Fee,
$175/event (All tuning, maintenance must be performed by House
technician - not at the discretion of Renter)
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