TERMS OF AGREEMENT
DEPOSITS & BILLING
Deposit of 50% of the estimated costs are due upon acceptance of estimate. Deposits can only be made by check and should be made out to UNIVERSITY OF HAWAII. If mailing your deposit, please send to:
Leeward Community College, ATTN: Theatre Office TH-207, 96-045 Ala`Ike, Pearl City, HI 96782
THEATRE agrees to provide a COST ESTIMATE for the rental event. This estimate is NOT a final bill. You may be asked to pay more or less depending on the actual needs of your production. The actual needs cannot be assessed until after the event takes place.
CANCELLATION
Cancellations; Deposits Forfeiture.
(1) Cancellation by UH. If User’s Reservations are canceled by UH for User’s failure to cure or correct User’s failure to perform any obligations under this Agreement, the Deposits may be retained by UH.
(2) Cancellation by User. If User’s Reservations are canceled by User for any reason (other than a Force Majeure Event), the Deposits may be retained by UH in accordance with the following:
(a) Up to 180 days prior to the Start Date. For any cancellations of User’s Reservations up to 180 days prior to the Start Date, User shall forfeit to UH/UH Campus thirty percent (30%) of the Deposits, and the remaining balance shall be refunded to User.
(b) Between 90-179 days prior to the Start Date. For any cancellations of User’s
Reservations during the period between 179 days prior to the Start Date and up to 90
days prior to the Start Date, User shall forfeit to UH/UH Campus eighty percent (80%) of the Deposits, and the remaining balance shall be refunded to User.
(c) Within 89 days prior to the Start Date. For any cancellations of the User’s
Reservations within 89 days prior to the Start Date, User shall forfeit to UH/UH
Campus one hundred percent (100%) of the Deposits. In addition, User shall be
responsible for any and all costs reasonably incurred by UH and/or UH Campus in
anticipation of User’s use of the Facility and Use Area under this Agreement that are
not refundable or otherwise recoverable.
(3) Cancellation due to Force Majeure Event. If, prior to the Start Date, User is unable to use the Use Area during the Use Times due to a Force Majeure Event and the parties are unable to reschedule the Use Times, User shall reimburse UH for reasonable and necessary expenses incurred by UH to prepare for the User’s use of the Facility and Use Area, which expenses cannot be recouped by UH, using reasonable efforts, and any Deposits paid in excess of such reimbursed amounts shall be promptly refunded to User. USER must provide a W-9 form in order to receive a refund per the University’s fiscal procedures. It may take up to 6-weeks for a refund to process.
RIGHTS & ROYALTIES
USER certifies that all requisite approvals and clearances have been obtained from the copyright owners for all musical and other works to be performed and/or livestreamed as part of the rental event, and that USER has been granted authority to perform such musical and other works. USER is responsible for payment of any and all royalties to be paid as a result of receiving authority to perform music, theater, and all other works.
RECEPTIONS, CONCESSIONS, SALES
USER shall obtain from the THEATRE written approval (at least 30 days in advance) for any onsite item sales (programs, T-shirts, etc.) USER’s Promotional Materials will adhere to the Facilities Use Agreement (page 5). A $200/day fee to sell merchandise and/or a $200/day concessions fee will be charged for the use of each area.
STAFF BREAKS
A minimum 1 hour crew meal break must be scheduled for every 5 hours of work, unless you are providing staff meals, in which case it
becomes 30 minutes.
○ A 5-minute break every 55 minutes or a 10-minute break every 80 minutes.
● Arrival time is the earliest time you need the theatre to be opened. Doors will remain locked until this time.
● Our campus closes at 11pm and we have no authority to change this. Please note that all tenants must be out of the building NO LATER THAN 10:45pm in order to allow staff to close and lock the theater.
REQUIRED STAFFING
THEATRE staff will have sole discretion in determining staffing needs for every event as well as the criteria for safe and suitable operation of all events. USER shall follow the directions of the THEATRE staff at all times. USER must provide a company stage manager, ushers, adult supervisors for children (see LARGE GROUPS), and additional security personnel as needed. Non-compliance may result in additional charges.
MANDATORY PRE-PERFORMANCE/TECHNICAL MEETING
One person must be designated to be the contact between USER and the THEATRE staff (ORGANIZATION REPRESENTATIVE). This main contact and any other production staff are required to meet with the THEATRE staff 60 days in advance of your event.
OPENING & CLOSING THE THEATRE FACILITY
The arrival and departure times indicated on the APPLICATION should accurately reflect USER’s start and end times in the THEATRE. The THEATRE staff will only open the facility at the arrival time indicated on the application. Please do not assume that the THEATRE will be available for USER’s use earlier than requested. If USER wishes to make changes to the arrival time listed on the application, please do so by written notice to THEATRE management. Delayed departure from the THEATRE, or early arrival at the THEATRE may incur additional costs to USER’s final bill.
HOUSEKEEPING
After your rental, the THEATRE must be in good repair, order and clean condition, with reasonable wear and tear expected. No alterations may be made to the facility without the express written approval of the THEATRE. Charges will be made to USER for any damage to equipment or facility.
FOOD & DRINKS
Absolutely no food or drinks are allowed in the lobby, house, or on the stage. During all rehearsals USER is responsible for the enforcement of this rule. During performances, USER’s ushers must ensure audience members are aware of this rule. Secure permission from THEATRE staff for food backstage or in the basement (see RECEPTIONS).
SIGNAGE
The USER is welcome to add signage to THEATRE facility, so long as the signage can be removed without damage to the THEATRE after completion of the USER’s event. Signs can ONLY be taped to concrete walls backstage, bulletin boards, and room doors in the downstairs areas. Do not tape or pin signs to any walls or doors in the lobby and audience areas or to any hanging curtains on stage. No signs (other than those posted by THEATRE staff) are to be taped to any glass surfaces of the theatre lobby. Please remove all signs that you hang. A charge of $100 will be assessed for failure to comply with this rule.
SMOKING
Hawaiʻi state law (SB 134, Act 160, SLH 2018) now prohibits the use of tobacco products on all University of Hawaii campuses.
ALCOHOL ON CAMPUS
The purchase, possession or consumption of alcoholic beverages is regulated by state law. Under state law, no one under the age of twenty-one may purchase, possess, or consume alcoholic beverages on campus.
Consumption of alcoholic beverages is forbidden in all public and common areas. Leeward CC requires a special permit for consumption of alcoholic beverages on campus which is issued by the Chancellor. In order to apply, you must request that Theatre Management complete the approved form for review by the chancellor's office.
STORAGE AT THE THEATRE
Prior arrangement must be made for storage of USER inventory. THEATRE does not encourage storage of personal items in the THEATRE. The THEATRE, Leeward Community College, the University of Hawaii, its officers, agents, employees or any person acting on its behalf will not be responsible for items stored at the THEATRE. USER waives all claims for anything left on premises.
RECEPTIONS
Receptions, both formal and informal, require prior written approval from the THEATRE 30-days prior to the event. USERs: please note your request clearly on the application form and go over requirements with the Theatre Manager during your pre- performance/technical meeting. This includes food backstage for the performers.
TICKETING & ATTENDANCE
The THEATRE, the University of Hawaii, its officers, agents, employees or any person acting on its behalf will not be responsible for the security of cash receipts and tickets. USER must provide their own ticketing. USER cannot issue more tickets than seats. The seating capacity of the THEATRE is 566 or 628 depending on the use of the orchestra lift. DO NOT “oversell the house,” (i.e. sell more tickets than we have seats). Failure to comply with this rule may result in the halting of USER’s event and/or production. If USER does not issue tickets to attendees, USER must coordinate a method for counting the number of attendees and providing that count to the Theatre Office following the event.
EQUIPMENT/TECHNICAL
The THEATRE has a limited number of folding chairs and tables stored in the building. THEATRE staff will have the appropriate number of chairs and tables available based on USER’s request. THEATRE may not be able to add more tables and/or chairs at the last minute. USER acknowledges that lighting and sound control rooms, lighting beams, box boom areas, loading galleries and the grid are OFF LIMITS to everyone. These are dangerous areas and are marked Authorized Personnel Only. The THEATRE does not provide miscellaneous supplies, such as tape and scissors. USER must ask permission to use anything not assigned to the event (chairs, tape, etc.). Return everything to its original state or location.
LOBBY
The USER acknowledges that the lobby is off-limits during all rehearsals. The lobby is open only before, during, and after performances unless the user requests for specialized lobby setup. Any displays and all lobby arrangements must be discussed with the Theatre Manager at the pre-performance/technical meeting. Due to the nature of the lobby mural, nothing is to be placed on the lower ledge in front of it and absolutely nothing propped up against it. A charge of $250+ will be assessed for failure to comply with this rule.
MINORS ON CAMPUS
The USER acknowledges minors on campus participating in Leeward Theatre productions must have adult supervision at all times. This includes backstage, behind the theatre, classrooms, and in the lobby/atrium areas. USER is required to provide comprehensive check-in/check-out, and overall supervision while on campus. USER is responsible for their minor participants at all times.