Facilities Rental Agreement for the Batavia Fine Arts Centre
Owned and Operated by Batavia Public School District 101
This Facilities Rental Agreement (“Agreement”), by and between _____________________________ (“Renter”) for use of the Batavia Fine Arts Centre (“Centre”), owned and operated by the Batavia Public School District 101 (“District” or “BPS101”). The Parties hereto, intending to be legally bound, and in consideration of the mutual covenants contained, agree as follows:
The District, on the dates and times set forth herein, and subject to the terms and conditions of this Agreement, hereby grants to the Renter a license to use the Centre for the Event.
- Dates/Times of Permitted Use
Access to the Centre for the Event will commence and end at the times and dates specified in the Rental Fee Quote to be signed and returned with this Rental Agreement.
- Rental Fee
The Renter shall pay the District as a rental fee for use of by the Renter of the Centre, according to the Rental Fee Quote plus all other charges to be paid by the Renter under this Agreement.
- RENTER CLASSIFICATIONS: Rental fees and availability of the Centre is determined by Board policy 8:020:
- Category 1: District organizations
- Category 2: School-affiliated organizations
- Category 3: The Batavia Park District
- Category 4: Youth organizations of school age children attending BPS101
- Category 5: Entrepreneurial enterprises involving BPS101 students
- Category 6: Taxing bodies and other non-profit organizations based or operating within BPS101
- Category 7: Any other responsible organization not named above.
- BASE RENTAL FEE INCLUDES:
- The Renter shall have use of the spaces as stated in the Rental Fee Quote.
- The Front of House shall be available to patrons 60 minutes prior to commencement of Event.
- The Centre shall be heated or cooled, and house lights and overhead stage work lights operational during the Event.
- The Renter shall have use of all stage curtains in the Centre’s standard inventory.
- The Renter shall have use of four (4) Front of House lights. All other lighting is available at additional charge.
- The Renter shall have use of the sound system (console, amp and speakers) and public address system (one microphone). All other audio equipment is available at additional charge.
- The Renter shall have use of electrical outlets.
- One consultation with staff to plan the Event.
- Use of the Centre for six (6) hours, unless otherwise stated in the Rental Fee Quote.
- SCENE SHOP: The Renter may not use or occupy the Scene Shop.
- Financial Requirements
- DEPOSIT: An initial and non-refundable deposit of 40% of the Rental Fee Quote shall be paid to reserve any date at the Centre. No date will be reserved without a deposit.
- SECURITY DEPOSIT: A refundable $1,500 damage / security deposit is required with the signed rental agreement two weeks after receipt of agreement.
- RENTAL PAYMENTS: Second payment of the Rental Fee Quote is due thirty (30) days in advance of the Event.
- PAYMENT: All remittances shall payable to Batavia Public School District 101 and must be in the form of check, cashier’s check, or money order.
- ADDITIONAL CHARGES: Any expenses not predetermined in the Rental Fee Quote and incurred in the course of the Event shall be paid within thirty (30) days.
- OUTSTANDING BALANCES: Any outstanding balance shall incur a 5% fee for every thirty (30) days overdue.
- OTHER FINANCIAL REQUIREMENTS: Failure to follow the payment schedule may result in cancellation of the Event and loss of deposit. The Renter is responsible for any costs associated with collection of payments (including, but not limited to, collection costs, court costs, reasonable attorney’s fees incurred by the District, and, bank fees for returned checks.)
Event Schedule Variance
Any deviation from the approved schedule requires the approval of the Centre Manager. Usage of the Centre beyond the Rental Fee Quote is subject to additional charges. The Centre Manager reserves the right to reschedule or cancel the Event. If rescheduling or cancellation is required, the Centre shall provide notice in writing to the Renter.
- Event Staffing and Labor
In an interest to prevent damage to the Centre and maintain a safe working environment for the Centre’s staff and contractors, the Manager holds the right to require the number of staff deemed necessary for Renter’s desired uses. For the same reasons listed above, Renter shall comply with staffing requirements established by the Manager, and shall ensure that Renter’s employees, agents, and/or volunteers do not create any hazardous or dangerous conditions in the Centre by their actions or omissions.
- LEAD TECHNICIANS: The Centre will supply a Lead Technician for the Event at the Renter’s expense. Technicians shall arrive 30 minutes prior to and depart 30 minutes after the Event. More hours may be necessary based upon usage and will be determined at the discretion of the Lead Technician. Lead Technicians may NOT be assigned to any one location, they are to remain mobile at all times.
- HOUSE MANAGERS: The Centre will supply a House Manager for the Event at the Renter’s expense for every 275 expected patrons. The House Manager shall arrive 75 minutes prior and depart 30 minutes after the Event. More hours may be necessary based upon usage and will be determined at the discretion of the House Manager.
- USHERS: The number of Ushers, if necessary, for the Event will be determined by the Centre Manager. Employment of Ushers are the responsibility of the Renter. All Ushers must be trained Centre staff prior to guest arrival.
- STAGEHANDS/TECHNICIANS: The number of Technicians, if necessary, for the Event will be determined by the Centre Manager at the expense of the Renter.
- BOX OFFICE: The Centre can organize the sale of tickets for your event. Tickets will go on sale a minimum of 10 business days following the submission of ticketing forms. All online ticket prices must be $2.00 less than phone or box office orders. Consult with the Centre Manager for Box Office hours. (list of ticketing fees.)
- STAFF RATES: Rates for all staff positions and labor shall be included on the Rental Fee Quote.
- Sale of Goods
- MERCHANDISE: All merchandising rights and privileges are reserved for the Centre. Permission to sell items in the Centre must be obtained in advance from the Centre’s Manager. If permission is granted, the Renter must pay the District a commission of 20% of the gross sales unless a sales buyout package is purchased. The Renter shall maintain a record of all sales and shall provide such records to the Centre upon request. All commissions must be paid according to the Financial Requirements section of the Agreement.
- FOOD AND BEVERAGE SALES: The Centre is the exclusive provider of food & beverage sales and maintains the right to sell items during the Event unless the Renter purchases a sales buyout package. Any food and beverage sales must cease five (5) minutes prior to the performance and the conclusion of intermission.
- Legal Requirements
- COPYRIGHT MATERIAL: Renter warrants that all copyrighted material to be performed or played has been duly licensed or authorized by the copyright owners or their representatives.
- SMOKING/ALCOHOL: Smoking, including E-cigarettes, is not allowed in any public building or upon public school property in the State of Illinois. Alcoholic beverages are not allowed anywhere on the District’s premises, including parking lots.
- COMPLIANCE: Renter agrees that every member connected with the Renters use of the building shall abide by, conform to and comply with all the laws of the United States, the State of Illinois, the City of Batavia, and the rules and regulations of the Centre for the government and management of said building, together with all the rules and regulations of the Police and Fire Departments of the City of Batavia, and if the attention of said renter is called to such violation on the part of the Renter or any personnel employed by or admitted to said premises by said renter, said renter shall immediately desist from and correct such violation.
- CODE OF CONDUCT: Any Renter using the Centre for activities that include school-age children will ensure compliance with the District’s Student Code of Conduct. Any illegal behavior will be referred to proper authorities for appropriate legal action. The Renter’s contract may be terminated immediately without refund if the renter fails to comply with any of the provisions of this Section 6.
- Liability and Indemnity
- LIABILITY INSURANCE: Renter must provide proof of $1,000,000 insurance policy covering general liability, personal injury and property damage. The proof must evidence that the policy has been amended or endorsed to cover the dates of use and designate Batavia Public School District 101, its Board of Education, Board members, employees and agents as Additional Insured. The liability insurance may not contain exemptions of any kind. Should the Centre’s Manager determine the Event to be hazardous the liability insurance policy limit requirement may be increased at their sole discretion.
- INDEMNITY: Renter agrees to conduct its activities upon the premises so as not to endanger any person lawfully thereon, and does hereby agree to defend, indemnify, protect and hold harmless Batavia Public School District 101, its Board of Education, its board members, agents, successors, assigns and employees from any claim, demand, expense or liability, including but not limited to, personal injury, bodily injury, death, property damage, court costs, attorneys' fees and interest (“Claims”), howsoever caused, which arise directly or indirectly out of the utilization of the premises and property by the renter, resulting from either the actions or inactions of any member, agent, contractor, guest, invitee, or employee of the Renter. This Indemnity Agreement is not to operate as a release of any insurance company insuring any of the persons or entities covered hereby from liability to pay in accordance with the terms of any insurance policy issued to cover claims.
- Care of Facilities
- GENERAL CARE: Renter agrees to cause the premises to be kept clean and generally cared for during said term. Renter agrees to leave facility in original condition; failure to do so will result in a maintenance fee with a two-hour minimum. Further, Renter agrees that only decorators, caterers, and contractors approved by the Centre shall be utilized.
- DEFACEMENT OF PROPERTY: Renter shall not injure nor mar, nor in any manner deface, said premises, and shall not cause nor permit anything to be done whereby said premises shall be in any manner injured or marred or defaced nor shall renter drive or permit to be driven any nails, hooks, tacks or screws in any part of said building nor shall the Renter make or allow to be made any alteration of any kind therein. Tape will not be permitted in any portion of the Centre unless prior authorization has been given by the Centre Manager or designee.
- RESTORATION: If any damage occurs to the Centre, or if any repairs or replacements need to be made to the Centre as a result of the Renter’s exercise of its rights under this Agreement, the Renter shall pay the District for any such damage, repairs, or replacements upon demand of by the District.
- FOOD AND DRINK: No food or drink are allowed in the House. Popcorn is not permitted. Consumables are allowed on stage if they are part of the performance.
- EQUIPMENT AND PROPERTY: Centre property (including curtains, light and sound boards, and spotlights) shall be operated only by Centre staff or individuals approved by the Centre Manager.
- Rehearsal and Production
- PUBLICITY: The Renter is responsible for publicity of the Event.
- TICKET SALES: The Centre will sell tickets at the discretion of the Renter. In such cases, the Renter shall receive the following with at least ten (10) days notice:
- Web banner on rotation
- Lobby display case
- One email to patron database
- Other services that may be available for purchase.
- TICKET REQUIREMENTS:
- Tickets shall state the address as “1201 Main Street, (Please enter on Wilson Street) Batavia, Illinois 60510”.
- Tickets shall state “Late arrivals are seated at the discretion of the Centre Staff.”
- At least ten (10) tickets in row “H” shall be reserved for the Box Office. Four (4) tickets in row “H” shall be reserved for the Centre.
- The last row of the Balcony shall not be sold but reserved for late arrivals.
- MORE THAN ONE SHOW: Only one (1) show per three (3) hour period is permitted.
- CHILDREN: Any performance with children under the age of 13 requires one competent, responsible adult to serve as a chaperone for every 15 children. Performers and/or crew may not work as chaperones.
- DAYTIME PERFORMANCES: Daytime performances are required to bus all attendees to the site. Please note: restrooms for these performances are located in the makeup room.
- PLOTS: Plots and line set, lighting and sound schedules are approximate and subject to change without notice.
- Cancellation and Termination
- CANCELLATION: of any event must be made within 90 days of usage. Once a quote is signed first and second deposits are required. First and second deposits are non-refundable. Even in the event of cancellation both deposits are due. Should an organization not show up for the scheduled event and/or not notify the Centre Manager of the cancellation 90 days prior, full room and staff fees beyond the deposits will apply. All cancellations must be in writing via email.
- TERMINATION: The District may terminate this Agreement upon any one or more of the following:
- Failure of the Renter to pay the Rental Fee or any other charges due hereunder when the same is due;
- The Renter fails to perform any of its covenants hereunder. In any of the aforesaid instances, and in addition to any and all rights and remedies available to the District by law or in equity, the District may, with or without further notice, forthwith terminate this Agreement and expel and remove the Renter, or any other person or persons in occupancy from the Centre, together with their goods and chattels, using such force necessary in the judgment of the District or its agents in so doing, without evidence of notice or resort to legal process or becoming liable for any loss of damage which may be occasioned thereby, and repossess and enjoy said Centre, and in addition to any other remedy it may have, the District may recover from the Renter all damages it may incur by reason of such breach by the Renter.
- Right of Refusal
The Batavia Fine Arts Centre reserves the right to refuse service. Facility quotes may be revoked at any time by the Centre. Guests or patrons not following an appropriate code of conduct may be removed at the discretion of the Centre Manager, House Manager, or Designee.
The Renter shall use the Centre in a manner which shall not cause interference with the use or occupancy of other portions of the Building by the District or others in any way. The Renter’s use hereunder will be done in such a manner so as not to interfere with or impose any additional expense upon the District in maintaining the Building.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Any legal actions, claims or demands shall be handled in a court of competent jurisdiction within the State of Illinois.
- Assignment and Sublicensing
The Renter shall not assign any interest in this Agreement or otherwise transfer or sublicense the Centre or any part thereof or permit the use of the Centre to any party other than the Renter.
Batavia Public School District 101