CONDITIONS OF HIRE

1. Introduction

1.1. DEFINITIONS

The following words have the meanings stated:

RAODS         :         the trustees of Romsey Amateur Operatic & Dramatic Society

the hirer        :        the person, company or organisation entered on the ‘PLAZA BOOKING CONTRACT’ and their agents or servants

the Plaza        :        Plaza Theatre, 40 Winchester Road, Romsey, Hants., SO51 8JA. or any part thereof

1.2. TABLE OF CONTENTS

1. Introduction

1.1. DEFINITIONS

1.2. Table of Contents

2. Conditions of Hire

2.1. APPLICATION FOR HIRING

2.2. CHARGES

2.3. INDEMNITY AND DAMAGE

2.4. COPYRIGHT

2.5. LICENCES

2.6. COMPLIANCE WITH REQUIREMENTS

2.7. SUPERVISION OF THE PLAZA

2.8. RIGHT OF ENTRY

2.9. SAFETY PRECAUTIONS

2.10. LIGHTING

2.11. THE STAGE, BACKSTAGE AND DRESSING ROOMS

2.12. LIQUOR

2.13. FURNISHING AND EQUIPMENT

2.14. PUBLICITY, PROGRAMMES AND BOX OFFICE STATIONERY

2.15. PROVISION OF STAFF

2.16. MAXIMUM NUMBER OF PERSONS

2.17. ANIMALS

2.18. CAR PARKING

2.19. CANCELLATION BY RAODS

2.20. CANCELLATION BY THE HIRER

2.21. SUB-LETTING

2.22. PERIOD OF HIRE

2.23. YOUNG PERSONS ON STAGE

2.24. USE OF VIDEO CAMERAS BY HIRER

2. Conditions of Hire

2.1. APPLICATION FOR HIRING

All applications for the hire of the Plaza must be made in writing on the form supplied  and sent to the Theatre Hire Manager of RAODS either scanned and sent via the email address theatre.hire@raods.org.uk, or mailed to Theatre Hire Manager, c/o Plaza Theatre, 40 Winchester Road, Romsey, Hants., SO51 8JA.

2.2. CHARGES

  1. The letting fee will be in accordance with the scale of charges enclosed herewith.
  2. RAODS reserves the right to alter the scale of charges at any time without prior notice provided that the amended scale of charges shall not apply to any applications for hire already made.
  3. RAODS may at any time, without stating any reason therefore, demand the provision by the hirer of such security for the payment of charges as RAODS may deem necessary. If such security is not provided within the time specified by RAODS the hiring may be cancelled.
  4. RAODS reserves the right to set off any Hire Charge or other sum due to RAODS from the Hirer against any sums due from RAODS to the Hirer.
  5. Details of current charges can be found in the document ‘Table of Charges’ on the Hiring web page.

2.3. INDEMNITY AND DAMAGE

  1. The hirer shall take good care of and shall not cause any damage or suffer any damage to be done to the Plaza or to any part or parts thereof or to any fittings equipment or other property therein and shall make good and pay for any damage thereto (including accidental damage) caused by any act of neglect of himself his servants agents or any person resorting to the Plaza by reason of the use of the Plaza by the hirer.
  2. Under no circumstances will RAODS make good or accept responsibility or liability in respect of damage or theft or loss of any property goods articles or things whatsoever placed deposited brought into or left upon the premises either by the hirer or by any other person or left or deposited with any member of RAODS its servants or agents and the hirer shall indemnify and hold RAODS and its servants or agents harmless in respect thereof.
  3. RAODS shall not be liable for any loss due to any breakdown of machinery failure of supply of electricity leakage of water fire government restriction or act of God, which may cause the Plaza to be temporarily closed or the hiring to be interrupted or cancelled.
  4. The hirer shall be liable for and shall indemnify RAODS in respect of any loss or damage which may be incurred by or be done or happen to the hirer or any person or persons resorting to the Plaza by reason of the use of the Plaza by the hirer.
  5. The hirer shall have in force during the hire period Public Liability Insurance with a limit of at least £5,000,000 and, if requested, shall produce evidence of this insurance.
  6. The hirer shall leave the Plaza at the end of the period of hiring in a clean and orderly state and the hirer shall reimburse RAODS in respect of the cost of cleaning the Plaza which cost has been incurred as a result of the hirer’s breach of this condition.
  7. RAODS may remove or store any property left by the hirer or any other person in or upon any part of the Plaza after the expiry of the times provided for the use of the Plaza. The hirer shall pay to RAODS on demand the cost of such removal and storage. RAODS its servants and agents shall not in any circumstances be held responsible for damage to or the theft or removal of any such property by or during such removal or storage and the hirer shall indemnify RAODS against all such claims demands actions proceedings and costs in respect of any such damage theft or removal.

2.4. COPYRIGHT

  1. No copyright work (other than copyright music, the performing rights of which are vested in the Performing Right Society Limited) shall be performed without the licence of the owner of the copyright and the hirer shall produce such licence to RAODS not less than seven days before the performance to which that licence relates
  2. Where copyright music, the performing rights of which are vested in the Performing Right Society Limited, is performed in the Plaza during the hiring, the hirer will be required to supply a complete list of all music played plus a programme and a report of total ticket sales within 7 days of the expiration of each function to the Theatre Hire Manager via theatre.hire@raods.org.uk
  3. If the hirer shall fail to comply with the requirements in I and II above in the time specified, then RAODS may cancel any other hirings at the Plaza that the hirer may at any time have made without incurring any liability to the hirer whatsoever other than for the return of any fee paid to them in respect of such cancelled engagements less an amount equal to fifty percent of the total fee which would otherwise have been payable in respect of such cancelled engagements which sum may be retained by RAODS as liquidated damages for the loss of such bookings.
  4. The hirer shall indemnify RAODS against any infringement of copyright, which may occur during the hiring.

2.5. LICENCES

  1. The hirer shall obtain and pay for all licences or permissions, which may be required in connection with any entertainment, which shall take place in the Plaza during the period of hire and the hirer shall notify RAODS before applying for such licences or permissions.

2.6. COMPLIANCE WITH REQUIREMENTS

  1. The hirer his servants and agents shall during the hiring and during such other times as they or any of them shall be in the Plaza for the purpose of the hiring comply with all reasonable requirements of RAODS their servants or agents.

2.7. SUPERVISION OF THE PLAZA

  1. The hirer shall during the hiring be responsible for :
  1. The efficient supervision of the Plaza including the effective control of children, the orderly and safe admission and departure of persons to and from the Plaza, and the orderly and safe clearance of the Plaza in case of emergency (except during public performances when this will be the responsibility of RAODS staff).
  2. The safety of the Plaza and the preservation of good order and decency therein.
  1. If the hirer fails to observe and perform any one or more of the stipulations contained in the foregoing provisions of this condition RAODS may :
  1. Charge to and recover from the hirer any expenses incurred by RAODS in engaging the Police or other persons to secure such observance and performance.
  2. Cancel any other engagement for the Plaza or any part thereof that the hirer may have made without incurring any liability to the hirer whatsoever other than for the return of any fee paid to them in respect of such cancelled engagements less an amount equal to fifty percent of the total fee which would otherwise have been payable in respect of such cancelled engagements which sum may be retained by RAODS as liquidated damages for the loss of such bookings.

2.8. RIGHT OF ENTRY

  1. The right of entry to the Plaza is reserved to any member of RAODS on duty and any Police Officer, Fire Officer or other person on duty at any time during the hiring or authorized so to enter by RAODS.
  2. RAODS and any other person mentioned in paragraph l of this Condition 8 may refuse admission to or remove from the Plaza any person without stating any reason.

2.9. SAFETY PRECAUTIONS

  1. The Hirer must comply at all times with the Health and Safety at Work Act 1974 and all amendments thereto.
  2. At all times all gangways and exit doors must be kept clear and free from any obstruction and all fire doors must be kept shut at all times.
  3. The hirer must comply with and participate in RAODS’ Emergency Evacuation Procedure (supplied as a separate document).
  4. Smoking is not permitted anywhere in the Plaza Theatre unless forming a necessary part of a production in which case the hirer must comply with the requirements of RAODS Safety Officer.
  5. If pyrotechnics are use, the Hirer must comply with the requirements of RAODS Safety Officer.
  6. Prior to the Hire, the Hirer must submit to RAODS a risk assessment in an acceptable format and must co-operate with RAODS in dealing with anything arising from this assessment.
  7. The Hirer must not work at height except with the agreement of RAODS Safety Officer.
  8. On no account shall highly inflammable material be used for decoration or for other purposes.
  9. The following must not be used in the Plaza without the prior consent and only in accordance with the requirements of RAODS :  lighting or heating apparatus, open fires, creosote, petrolor spirit stoves, machinery, dangerous or inflammable materials or props, smoke, strobe lighting, open flame, confetti, snow, CO2, oil or any other article which RAODS considers dangerous or offensive.
  10. If the hirer damages or finds faulty equipment, they must report it to RAODS in writing immediately.

2.10. LIGHTING

  1. The stage lighting equipment shall at all times be operated by persons nominated for that purpose by RAODS and no other person whatsoever shall operate or attempt to operate or interfere with the stage lighting equipment.
  2. No additional lights or extensions from the existing electric light fittings shall be used without the prior consent of RAODS.
  3. Any use of the Main Stage means that the Technical Questionnairre (downloadable from our web site) must be completed and emailed to the Theatre Hire Manager a minimum of 8 weeks before the first performance date. The Hirer may request a meeting with our Technical Manager to discuss technical arrangements (viatechnical.manager@raods.org.uk). Similarly, our Technical Manager may request a meeting with the Hirer for such a discussion – if such a request is made by our Technical Manager, then the meeting must take place a minimum of 4 weeks before the first performance, or the booking may be cancelled.

2.11. THE STAGE, BACKSTAGE AND DRESSING ROOMS

  1. No persons other than persons directly concerned with the presentation of any production, entertainment or other function shall be permitted on the stage or in the backstage areas or in the dressing rooms.
  2. All performers must :
  1. enter the Plaza by the Stage Door that is situated at the back of the theatre and has direct access to the car park
  2. remain in the backstage areas when wearing either makeup or costume
  3. remain backstage until the end of the show and must not enter the auditorium to watch parts of the show
  1. No hot food to be eaten in the Plaza. Such foods create smells which permeate the theatre and spoil the enjoyment of patrons.
  2. The green room must not be used as a dressing room, except by special arrangement, which must be negotiated before entering into the hire agreement.

2.12. LIQUOR

  1. No excisable liquor shall be sold in the Plaza otherwise than by RAODS its Servants or agents through the Plaza Bar in accordance with its licence for the time being.

2.13. FURNISHING AND EQUIPMENT

  1. No nail bolt or other fastening may be driven into or attached to any part of the Plaza.
  2. No fittings or furnishings in the Plaza may be altered or interfered with in any way without the consent of RAODS and the hirer shall at the expiration of the hiring leave the premises in a clean and orderly state and must clear away property which has been brought into the Plaza for the purposes of the hiring immediately after the hiring.

2.14. PUBLICITY, PROGRAMMES AND BOX OFFICE STATIONERY

  1. The RAODS logo must not be used in any advertising.
  2. The following information must be included in the hirer’s programme:
    General Conditions
    • Patrons are advised that smoking is not permitted in the auditorium
    • Unauthorised photography, tape or video recording is not permitted
    Licensing requirements
    • The audience may leave at the end of each performance by all exit doors
    • All gangways, corridors, staircases and passages that afford a means of exit shall be kept entirely free from all obstruction
    • Persons shall not be permitted to stand or sit in the gangways
  3. The hirer may provide his own posters, programmes, handbills, tickets or other publicity or box office stationery for use in respect of the hiring except that RAODS reserve the right to examine such material prior to it being used in respect of the hiring and to forbid its use if it is considered inappropriate for the purpose of the hiring or unsafe. All such material is at the cost of the hirer.
  4. The Plaza logo may be used in all advertising. (Available at http://www.plazatheatre.com/support.php).
  5. Subject to availability, the hirer may use one of the poster spaces on the outside of the Plaza  (an A0 size poster). A4 posters and handbills may also be displayed in the Plaza foyer, the Tourist Information Centre and Boots, Romsey window.

2.15. PROVISION OF STAFF

RAODS will provide a Duty Manager, ushers, kiosk staff, green room staff (pre-show and at the interval), and upstairs bar staff (but not for matinees).

Note: When refreshments are being served during the interval the Green Room staff are not available for serving the cast in the dressing rooms.

The hirer should provide someone to man the box office during the 40 minutes prior to the performance. The hirer may also provide programme and merchandise sellers and people to meet and greet the audience.

2.16. MAXIMUM NUMBER OF PERSONS

The maximum number of persons permitted to attend functions at the Plaza, exclusive of front of house staff, backstage crew, car parking attendants and other persons agreed between RAODS and the hirer in accordance with Condition 15 is:

2.17. ANIMALS

With the exception of guide dogs for the disabled, the hirer shall not cause or suffer any animal in his charge or in the charge of any person or persons resorting to the Plaza during the hiring to enter or remain in the Plaza without the prior consent in writing of RAODS.

2.18. CAR PARKING

  1. RAODS takes no responsibility for the parking safety or supervision of any vehicle left in the car park or other areas surrounding the Plaza and the hirer shall be responsible for ensuring that cars are not parked so as to obstruct entrances or exits.
  2. No cars may be parked in the forecourt of the Plaza or entrance to car park.
  3. The car park is for the use of patrons only - not cast, crew,etc.

2.19. CANCELLATION BY RAODS

l.  RAODS reserves the right at any time to cancel any booking where:                                        

a) you commit a material breach of these Conditions, or you commit a non-material breach and fail to remedy it within the time given in a notice from us specifying the breach and requiring its remedy;

(b) RAODS reasonably believes that you have mis-stated the nature of the Event on the Booking Form.

(c) a Force Majeure Event occurs (a Force Majeure Event means where the Plaza becomes unavailable for a reason outside RAODS’ control, for example: calamity; civil war; terrorism; fire; flood; earthquake; strikes or lockouts; withdrawal of consents or licenses; breakdown of machinery; failure of supply of electricity or gas; government restriction; act of God; necessary and unavoidable repairs or health or safety concerns);                                

ll.  If RAODS  cancels your booking for any of these reasons, RAODS will explain the reasons to you and give you as much notice as is reasonably possible in the circumstances.

lll.   If RAODS cancels your booking:

(a) for either of the reasons set out in clause 2.19 (a) and (b) above, RAODS will be entitled to retain a proportion of your Deposit and/or Hire Charges. The sum retained will be sufficient to cover the loss RAODS suffers because of the cancellation.

(b) for the reason set out in clause 2.19 (c) above, RAODS will refund any Deposit or Hire Charges you have paid (or in the case of partial cancellation, a fair proportion of them).

lV.  RAODS shall incur no other liability whatsoever for any loss or expense resulting from the cancellation.                                                        

2.20. CANCELLATION BY THE HIRER

If the booking is cancelled by the Hirer / Act for non urgent reasons, a cancellation fee will apply equivalent to the standard deposit for hire of the Plaza, provided that if notice of the cancellation is received by RAODS at least fourteen days prior to the date on which such booking would otherwise have started, RAODS may at its discretion repay to the hirer an amount not exceeding fifty percent of any fee already paid in respect of such booking.

2.21. SUB-LETTING

The hirer shall not sub-let the Plaza or any part thereof. Should he do so or attempt to do so the hiring will stand cancelled and the charges paid forfeited and the hirer and sub-hirer excluded from the Plaza.

2.22. PERIOD OF HIRE (unless by prior agreement)

Rehearsals and/or Performances must finish by 11.00 p.m. at the latest.

Weekly hires run from noon Sunday to noon on the following Sunday

Daily hires run from noon to midnight.

2.23. YOUNG PERSONS ON STAGE

It is the hirer’s responsibility to arrange for and carry out the terms of licensing for young persons on stage. The restrictions apply to anyone who is the age to still be in compulsory education.

Any child without the appropriate licensing or appropriate supervision will not be allowed on the Plaza Stage.

Any hirer requiring further guidance should contact Hampshire County Council, The Castle, Winchester

2.24. USE OF VIDEO CAMERAS BY HIRER

  1. Necessary permission must be obtained from licensee for copyright materials (if applicable)
  2. Only camera, recorder and tripod may be used, there must be no surplus equipment or trailing wires.
  3. Recording may only be done from the landing above the lower staircase or within the back row if seats are available. (no video recording from any other point in the auditorium).
  4. Equipment must be removed immediately in an emergency.
  5. Written permission for all video recording must be obtained from the RAODS’ Theatre Hire Manager at least one month before the time of hire.
  6. RAODS reserves the right to stop video recording if the above conditions are not met.

2.25.  LIMITATION OF LIABILITY                                                        

2.25. l.  Neither party excludes or limits liability to the other party for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation nor where liability cannot be excluded or limited as a matter of law.

ll.  RAODS are responsible for losses you suffer as a result of the RAODS breaching our obligations under the Hire Contract if the losses are a foreseeable consequence of the RAODS breaching those obligations. RAODS are not responsible for indirect losses which are not foreseeable by you.

lll.  It is your responsibility to ensure that the Plaza Theatre is suitable for the purpose for which it is hired. If you wish to check the suitability of the theatre prior to applying you should contact the Theatre Hire Manager to make arrangements to view the theatre.

Page  of 8        4012 – Conditions of Hire – Revised January 2019