TAKE A TRIP TO MARS
A VALENTINES DAY WEEKEND EXPERIENCE
CRISTINA RODRIGUEZ & TEREZ BASKIN
Terez Baskin Cristina Rodriguez PRAD 391 -‐ Project # 3 October 16, 2010 Take a trip to Mars for Valentine’s Day - February 12, 2011 Theme: Yellow & Red Sponsors: 103.5 Kiss FM Radio M&M Mars: Sweet Meet and Greet Marriott Hotel: Blackstone Hotel
Venue: Merle Reskin Theatre (1,325 seats) We decided on the Reskin because of its red velvet decor and the intimate setting. Every seat is a good seat. The Venue also already has everything we need. The rental price does include the stagehands, lighting and sound. Since these items are already included our budget is has listed the needs, but has zeroed them out since they are included in the fee. It also is a great location since we will be accommodating Bruno and the Band at the Blackstone Hotel where we are also having the meet and greet. Lighting Sound System Stagehands
Artist – no opening act We have selected Bruno Mars, as our concert artist because he is an up-‐and-‐coming singer who recently released an album and has a number one single “Just the Way You Are” and he is featured in B.O.B.’s number one hit, “Nothing on You.” As well as, “Billionaire” where he is featured with Travie McCoy, this song is all over the radio is very popular with a cross section of listeners. We are hoping to use recent album release promotions, Saturday Night Live performances, and his tour with Maroon 5 to our advantage. Bruno Mars is an excellent fit for our Valentine’s Day weekend concert because he sings romantic pop love songs. We would have our event hosted by Nina Chantele because she is young and cute and would talk about it on her show weekdays from 10-‐1pm while listeners are at work. Ticket Sales and Prices Ticket sales will be online through our own concert website, the ticket will be soft tickets which purchasers will be able to print out at home. The tickets will have a red and yellow background – yellow to match the colors of Bruno Mars’ website and red to represent the festive color of Valentine’s Day and the signature color of the American Heart Association. Ticket Price: (3 tier tickets) There are actually 3 seating levels (Please see the Merle Reskin Chart) Main, Balcony 1 and Balcony 2
Terez Baskin Cristina Rodriguez PRAD 391 -‐ Project # 3 October 16, 2010 Take a trip to Mars for Valentine’s Day - February 12, 2011 Orchestra Seats 550 seats at $55 Balcony Seats 400 seats at $45 Balcony 2 seats 375 seats at $35 Experience Tickets include the Meet and Greet, Mars Goodie Bag, and Main Floor seats $250 Audience The audience we will be targeting will be 18-‐40 year old, most of which are women (70%). Bruno Mars is a pop artist who sings mostly love songs therefore, we are targeting people who listen to pop and R&B music and the listeners of radio stations: 96.7 and 103.5. Marketing/Promotions ● 1/4 4-color ads in Redeye Chicago - $5000 ● Metromix.com - Web Banner and Calendar Ad - $200 ● Twitter: #hash tags #ChicagoToMars - Free ● MySpace Page with Bruno’s music - Free ● Ticket printing $318.85 ● Graphic and Web Designer - $3000 We acknowledge the fact that there will be production costs in the graphic design of the print ads, graphics on the tickets, and the construction of the website. The twitter feed, web banners, calendar ads on Metromix.com and TimeOut Chicago and online will drive people to our site for ticket sales. These have relatively low or no cost to us. Some time will have to be spent putting free sites to work to our advantage. We will have a student intern who will monitor the twitter and MySpace page for this event. Allowing us to take advantage of new media forms without taking up our time. We decided to make partnerships with Kiss FM, American Heart Association, and M&M Mars. The concert will be sponsored in part by Kiss FM since Bruno’s music is in heavy rotation with their listeners. It was a good fit also because this is a romantic concert for Valentines Day and Kiss FM is a great brand in the city with a strong base of listeners. We traded them 30, 30-‐second spots on the radio in turn for tickets to the show and meet and greet and they will also have stage banners. All detailed in our budget. American Heart Associate details are included below. M&M Mars Candy Company is a great fit because every girl wants chocolate for Valentine’s Day. So we asked M&M Mars to sponsor the meet and greet with goodie bags. These goodie bags are a part of the VIP experience tickets that we are selling for $250. Trade: American Heart Association - Publicity for the Go Red for Women, which is also in February, and the upcoming Heart Ball that is in Chicago in April. In turn they will help sponsor the Print Ad in the Redeye since our venue only seat 1,325 that would only afford us a budget of $7,000. We decided that the PR angle of having a “Sweetheart” at the “Sweet Meet and Greet” would be
Terez Baskin Cristina Rodriguez PRAD 391 -‐ Project # 3 October 16, 2010 Take a trip to Mars for Valentine’s Day - February 12, 2011 an awesome way that media would catch on to the story and possibly get us some editorials in the Redeye, Suntimes, Tribune the week before the show. The sweetheart would be a young woman who’s been affected with heart disease. She would be the special guest at the event or even Bruno’s date to the event. It would be great to see that he cares about such a serious disease and how it affects women. He sings love songs so it would seem like a likable and probable story. We would offer the American Heart Association of Chicago 5 meet and Greet tickets. We think that this is a good partnership because there is so much publicity around the Go Red campaign that we could ride the wave and get some for Bruno and the concert as well. Since their events would be everywhere our concert with get thrown in for being a good association and a good Publicity for the artist. Insurance
Hospitality for Band Hotel We have decided to select The Blackstone Hotel (Marriott) in downtown Chicago first and foremost because of its extremely close proximity to the venue. Not only will this hotel provide affordable, luxurious accommodations for the artist, but it will also help us save on ground transportation costs because it is literally next door to the venue. We will cover a two-‐nights stay because the artist has agreed to a sweet-‐meet-‐and-‐greet the morning of the concert date that will work in conjunction with the MARS candy sponsorship. This meet and greet will take place the hotel, saving us additional ground transportation costs. Transport We will fly the artist first class and five band members coach class from Los Angeles. We will include ground transportation to and from the airport/hotel in a ten-‐passenger van. Unfortunately, we were
not able to secure a one-‐off and therefore, we will be transporting the artist first class and the five members of this band via coach class on American Airlines which was the most economical airline offering this route and class selection. Although this airfare expense is higher than it would be had we chosen a one-‐off date, the sweet-‐meet-‐and-‐greet revenue and uniqueness of our “Take a Trip to Mars” concert will offset our costs and provide concert-‐goers with a musical experience they cannot purchase anywhere else. Catering We have made an agreement with the hotel to use their catering services for the artist’s dressing room in return for a comp. Meet-‐and-‐greet room at the hotel. Option for $25 X 6 member meal buyout Since
Terez Baskin Cristina Rodriguez PRAD 391 -‐ Project # 3 October 16, 2010 Take a trip to Mars for Valentine’s Day - February 12, 2011 we are bringing the hotel business we worked out a deal to get some comps for the meeting space and beverages for the Meet and Greet. Dressing Room Hospitality Rider: 1 bottle of Patron -‐ 25.99 1 bottle of Grey Goose -‐ 23.99 1 bottle of Captain Morgan -‐ 23.99 Orange Juice -‐ 3.99 Cranberry Juice -‐ 2.99 Red Bull -‐ case of -‐ 20.00 Ginger ale -‐ 2 liter need -‐ 4.00 Assortment of herbal teas -‐ 15.00 Hot water -‐? Bottle Water -‐ 6.99 Fruit Plate -‐ 25.00 Meat & cheese plate -‐ 27.00 Gum -‐ 2.00 1 pack American Spirit Yellow cigarettes -‐ 7.00 Ice -‐ 2.99 Cups -‐ 3.49 Total: 194.41 Cohesiveness In order to promote cohesiveness throughout our promotions and the concert experience we decided on using the same colors for our site that were associated with our sponsors and artist’s websites. Yellow is the color on Bruno’s site currently. Red and Yellow are the colors that KISS FM using for their logo on their site regularly. Red is the classic color associated with hearts and roses for Valentine’s Day. Red is also the color we associate with the American Heart Associate and the Go Red for Women campaign. This will be used on everything from our Website, tickets, web banners, Color Ads, even the goodie bags will have our theme for the concerts. Any concert people attend is an event it is about feeling the music and the atmosphere that is created by that. We want these couples to have a great time. We chose a venue that would allow for an intimate setting and great sound. The chairs are red with gold accents (red and yellow) and the stage is close so that Bruno can connect with his fans. The meet and greet is about giving him and opportunity to meet people who love his music. We thought the play on the name Mars would be a great connection for M&M Mars candy who would love more name recognition to a young artist like Bruno. Budget Please see attached document.
Item Income Ticket Sales Orchestra Seats Balcony Seats Balcony 2 seats Sponsor Funding
Description 550 seats at $55 400 seats at $45 375 seats at $35 Mars Meet and Greet $5k AHA - Sponsor $5k Ad
Experience Tickets : Meet and Greet, and VIP Mars Goodie Bag 20 tickets for $250 5 pairs Main Floor Seats $55 X 10 =$550 (Price is deducted from the Kiss FM Tickets Orchestra seats income price) Sponsor Meet and Greets 5 to kiss FM and 5 to AHA Total Expenses Talent Fee Venue Stage Lighting Sound System Stagehands Marketing Promotion
Bruno Mars Merle Reskin Theater included included included 8 people @ 8 hour shift (included)
$7000 total 1 - 1/4 page color ad ($5000) Redeye Chicago Paid for by AHA Metromix.com Free Ad to calendar TimeOut Chicago Free Ad to calendar Trade for spots (30, 30second 103.5 (Sponser) spots) 96.7 $200 x 20 spots -30 sec spots Twitter #ChicagotoMars Web Banner (Metromix.com, Artist website, ourwebsite) Metromix Our Website, Graphic Design, Selling tickets and Promo the Logo Package Show
Amount $29,700.00 $18,000.00 $13,125.00 $5,000.00 $0.00
$5,000.00
$0.00 $70,825.00
$30,000.00 $15,000.00 $0.00 $0.00 $0.00 $0.00
$0.00
$0.00 $4,000.00 $0.00
$200.00
$3,000.00
Item
Description
Ticket Production
M13 Graphics - 1325 tickets Artist Page Banner
$318.85 $0.00 $700.00
1 van, 2 runs @ $80 each 1 first class, 5 coach LAX-ORDLAX 5 rooms, 2 nights @ $159 sponsorship agreement w/ hotel
$160.00
Insurance Transport Ground Transport Airfare Hotel Catering Meet and Greet Room Rental Dressing Room Requests
included see hospitality rider
Amount
$3,215.00 $1,590.00 $0.00 $0.00 $194.41 $58,378.26
Total Expenses Income - Expenses
$12,446.74
Bruno 1 x Fender Twin Amp (1965 reissue) 2 x Guitar Stand 2 x 1/4” Guitar Cable (10‘ in length) 1 x 1/4” Guitar Cable (20’ in length) 1 x Shure Wirless SM58 Microphone 1 x Straight Mic Stand (round base) 1 x Yamaha Motif ES7 Keyboard 1 x Yamaha Sustain Pedal 1 x Single Keyboard Stand ( X brace) 1 x Wooden Bar Stool (24”-26”) 2 x DI Box
Phil: 1 x Shure Wireless SM58 Microphone 1 x Straight Mic Stand (round base)
Brian: 1 x Yamaha Motif ES7 Keyboard 1 x Yamaha Sustain Pedal 1 x Single Keyboard Stand ( X brace) 1 x Wooden Bar Stool (24”-26”) 2 x DI Box 1 x Shure SM58 Microphone 1 x Mic Stand w/ Boom Arm (tripod base)
Chistopher: 1 x 6x10 cabinet 1 x RB 1000 head) 1 x Guitar Stand 2 x 1/4” Guitar Cable (20’ in length)
ERIC: Drum Kit - DW 1 x 16x22” Kick (or 18x24” for substitute) 1 x 7x13” Snare 1 x 8x8” Rack Tom 1 x 8x10” Rack Tom 1 x 12x14” Floor Tom Drum Hardware - DW (all 9000 Series) 1 x Drum Throne w/ Swivel Height Adjust (4 legs and round seat) 1 x Hi Hat Stand
5 x Cymbal Stand w/ Boom Arm 1 x Kick Pedal 1 x Snare Stand CYMBALS - PAISTE (Signature Series preferred) 2 x 16" Crash 1 x 20" Ride 1 x 14" Mini China 1 x 6" Splash 1 x 13" Hi Hats 1 X Large FAN
Hospitality Rider 1 bottle of Patron 1 bottle of Grey goose 1 bottle of Captain Morgan Orange Juice Cranberry Juice Red Bull Ginger-ale Assortment of herbal teas Hot water Bottle Water Fruit Plate Meat & cheese plate. Gum 1 pack American Spirit Yellow cigarettes ICE Cups $25 X 6 member meal buyout
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10/12/2010
SHORT-TERM LICENSE AGREEMENT FOR MERLE RESKIN THEATRE THIS LICENSE AGREEMENT (hereinafter called the “License”) entered into on the date indicated on Schedule A, attached hereto and made a part hereof, by and between DePAUL UNIVERSITY, an Illinois not-for-profit corporation (“Licensor”), and the party listed on Schedule A as Licensee (“Licensee”), WITNESSETH: In consideration of the mutual covenants and agreements contained herein, the receipt, adequacy and sufficiency of which are hereby acknowledged, Licensor and Licensee hereby agree as follows: 1. PREMISES AND PURPOSE. All requests for use of University facilities by external groups must be accompanied by a written statement about the identity and purpose of the sponsoring group and event, submitted upon signing the License. Licensor hereby grants to Licensee a License to use the premises commonly known as the Merle Reskin Theatre, located at 60 East Balbo Drive, Chicago, Cook County, Illinois (the “Premises”), for the period of use specified in Schedule A. Licensee shall use the Premises for no other purpose or business other than that of preparing for and conducting therein the theatrical performances or events specified in Schedule A. 2. TECHNICAL REQUIREMENTS. Licensee represents that the information provided by it on the rental worksheet and/or rider is true and accurate, and acknowledges that Licensor has relied on the representations made therein. 3. SECURITY DEPOSIT. Licensee has paid as a condition for the License and Licensor acknowledges receipt of the security deposit listed in Paragraph 6 of Schedule A as a non-refundable deposit to be applied against the compensation due hereunder. 4. COMPENSATION. Licensee shall pay to Licensor, as compensation for this License, such fees and charges as may be incurred according to the rates, terms and conditions set out in this License or as specified in Schedule A. Unless indicated otherwise in Schedule A, all compensation due under this License shall be paid prior to the commencement of the term of this License. Licensee agrees that all compensation not paid when due shall bear interest at the rate of the prime lending rate then being charged by the Chase Bank plus five (5) percentage points, accruing on a daily basis, until such compensation shall be paid by Licensee.
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SHORT-TERM LICENSE AGREEMENT FOR MERLE RESKIN THEATRE
5. INSURANCE. Licensee shall obtain prior to the commencement of the term of this License, and maintain at all times during the term of this License, at its sole cost and expense, the following types of insurance coverage, naming Licensor as Additional Named Insured (except with respect to Workers’ Compensation), in the amounts specified and in the form hereinafter provided for: A. Commercial General Liability Insurance - $1,000,000 combined single limit, each occurrence; $2,000,000 general aggregate limit; includes bodily injury/property damage, personal/advertising injury, contractual liability, completed operations liability and product liability; Licensee is responsible for the timely payment of all claims, damages, costs, expenses and attorneys’ fees that are not covered because of any applicable deductible(s). There shall be no exclusion or modification of the insurance limiting the scope of coverage for liability arising from pollution, explosion, underground property damage, employment-related practices, or damage to the work. DePaul University, its officers, directors, trustees, employees, and agents shall be included as an additional insured under the policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to DePaul University. B. Excess Liability/Umbrella Insurance - $1,000,000 combined single limit, each occurrence; $1,000,000 general aggregate limit; applies excess of primary underlying coverage for commercial general liability and employer's liability insurance. C. Workers Compensation and Employers Liability Insurance covering Licensee’s employees - Workers Compensation limits in accordance with the statutes of the State of Illinois; Employers Liability limit of $1,000,000 combined single limit, each occurrence. The commercial umbrella and/or employers liability shall not be less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. All insurance coverage is subject to the approval of DePaul University and must be issued by an insurance company with an A.M. Best rating of A VII or better. In consideration of the License award, the Licensee agrees to waive all rights of subrogation against DePaul University, its officers, directors, trustees, employees, and agents. In the event that the Licensee should subcontract all or any portion of the work to be performed, the subcontractor shall be covered by the Licensee and will adhere to the same insurance requirements set forth herein. Licensee must provide Certificates of Insurance to DePaul University as evidence of satisfaction of the above-described insurance requirements. Such certificates shall confirm the waiver of subrogation in favor of DePaul University, the naming of the University as an additional insured (except with respect to Workers’ Compensation), and shall specify that in the event of cancellation or a material change in coverage, at least thirty (30) days prior written notice will be given to the University. 6.
USE OF THE PREMISES. 2 of 11
SHORT-TERM LICENSE AGREEMENT FOR MERLE RESKIN THEATRE
A. [General]. The basic rental fee indicated on Schedule A includes use of the auditorium, stage, dressing rooms and all customer-related facilities (e.g., lavatories). Heat, water and use of the House and Stage Lighting Control, Sound and Headset Systems are also included as part of this basic fee, unless otherwise specified on Schedule A. B. [Compliance with Laws]. Licensee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the federal, state, or local governments and of any and all agencies, departments and bureaus applicable to the Premises, for the correction, prevention and abatement of nuisances or other grievances upon or connected with said Premises during the term of this License. Further, Licensee shall neither engage in nor permit the occurrence of any activities of an improper or illegal nature. C. [Condition of Premises]. Licensee shall take good care of the Premises and maintain all personal property, equipment, furnishings, fixtures, and furniture of said Premises in good condition and in good repair during the term of this License, and at the expiration of said term shall deliver up the Premises in the same condition in which it was received. Licensee agrees to pay for all damages occasioned by its use of the Premises. D. [Parking Facilities]. Licensor shall not be responsible for providing parking facilities to Licensee, its agents, representatives, patrons and invitees. E. [Box Office]. The grant of this License does not include the use of Licensor’s box office, whether for advance sales of tickets or on the days of the events or performances specified in Schedule A, unless so indicated on Schedule A. If the box office is used, the additional provision in Schedule A shall apply. F.
[Smoking; Refreshments; and Sales].
(i) Smoking anywhere in the building, including on stage, and within twenty (20) feet of the front entrance and stage door entrance, and the sale, distribution, or consumption of alcoholic beverages anywhere on the Premises, are strictly prohibited. Furthermore, the Licensee shall comply with all laws and ordinances regarding smoking in the City of Chicago, including the Chicago Clean Indoor Air Ordinance. (ii) There shall be no sale or use of refreshments, food or drink items (including alcoholic beverages), tobacco, cigarettes, cigars, candy, souvenirs and other articles on the Premises by Licensee at any time without the prior written permission of Licensor. Further, Licensee shall take any actions reasonably necessary to prevent the bringing of food or beverages of any kind onto the Premises.
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SHORT-TERM LICENSE AGREEMENT FOR MERLE RESKIN THEATRE
(iii) Due to fire and safety concerns, there shall be no open flame, internal combustion engines, and/or any other similar type of equipment and items used in the Premises by Licensee at any time. Further, Licensee shall take any actions reasonably necessary to prevent the bringing of such items onto the Premises. G. [Control of Building]. In granting this License, Licensor does not relinquish the right to control the Premises, or to enforce all necessary and proper rules for the management and operation of same. Licensee agrees that Licensor shall have the right to enter the Premises at any time during the term of this License and for any reason whatsoever. H. [Ingress/Egress]. All portions of the sidewalks, gates, doors roadways, vestibules, and all ways of access to public utilities and other areas of the Premises shall be kept unobstructed by the Licensee and shall not be used for any purpose other than ingress or egress to and from the premises by the Licensee. I. [Multiple Use]. Licensee acknowledges that the Premises may be used by other parties before, during and after the term of this License. In the event of such multiple uses, Licensee agrees to cooperate in the coordination and scheduling of uses, and to submit to all reasonable requests by Licensor regarding the same. J. [Indemnification]. Licensor assumes no responsibility to Licensee or any other person or corporation, including employees, agents, representatives, patrons and invitees, for any damage to property placed in the Premises. To the fullest extent permitted by law, Licensee shall, during and after the term of this License, indemnify, defend, and hold harmless Licensor and its officers, directors, trustees, employees, and agents, past or present, from and against all losses, claims, demands, actions, causes of action, suits, liabilities, damages, expenses, fees and costs (including but not limited to reasonable fees and costs for attorneys) arising out of or relating to any actual or alleged: (i)
negligent or willful acts or omissions of the Licensee, its employees or its agents;
(ii)
loss, injury or damage to property that may be sustained by reason of the occupancy or use of said Premises under this License;
(iii)
misrepresentation, breach of warranty, or breach of covenant or other promise by Licensee of any representation, warranty, covenant or other promise in this License; and
(iv)
infringement by Licensee, its employees or agents, of any third party’s patent, trademark or copyright, or misappropriation of any third party’s trade secret. 4 of 11
SHORT-TERM LICENSE AGREEMENT FOR MERLE RESKIN THEATRE
It is agreed that the Licensee will be responsible for primary loss investigation, defense and judgment costs where the above indemnification is applicable. Licensee shall choose and employ counsel reasonably acceptable to Licensor, and Licensor shall have the right to participate in the defense of any action or legal representation to which this indemnification provision applies. Licensee shall not compromise or settle any claim covered by this indemnification provision without Licensor’s consent. K. [Safety Compliance]. Licensee shall use and occupy the Premises in a safe and careful manner and shall comply with all applicable municipal, state and federal laws, and rules and regulations as prescribed by the fire and police departments and other governmental authorities, as may be in force and effect during the tenancy period. L. [Performance Fees and Copyright]. Licensee agrees to pay all performance rights, royalties, and fees and to obtain all necessary releases and permissions required in connection with the performance or event to be staged at the Premises. Licensee further agrees to indemnify, defend and hold Licensor, its officers, directors, trustees, employees, and agents, past and present, harmless from any and all claim, suit, loss, cost, or expense (including attorneys’ fees) arising from claims for performance fees or for copyright or right of publicity infringement, or arising out of the filing of any suit, or any resulting judgment, against Licensor by reason of any breach of Licensee’s warranties contained herein. M. [Assignment and Subletting]. Licensee shall not assign this License or sublet or sublease the Premises or any part thereof or make any alterations on the Premises without Licensor’s prior written consent. Any such attempt without Licensor’s prior written consent shall be a cancellation of this License and all payments received by Licensee shall be forfeited to Licensor as liquidated damages for such cancellation and Licensee shall indemnify, defend and hold harmless Licensor, its officers, directors, trustees, employees, and agents, past or present, for any costs or expenses (including attorneys’ fees) resulting from actions which violate this clause. N. [Accommodating Audiences]. Licensee shall open the theatre to audience members forty-five (45) minutes (or more) prior to curtain of each performance. Fire drill with house management and house crew shall take place no less than five (5) minutes prior to opening the house. 7.
PERSONNEL.
A. [Theatre Staff]. Licensor shall require Licensee to use and pay for the services of the Technical Director or his designee, who shall be present to supervise the operation of all equipment and systems. During times of performances and/or whenever an audience is to be present, Licensor requires Licensee to use and pay for the services of one (1) House Manager and one (1) Theatre Manager, for a period commencing one and one-half hours before the start of each event or performance and 5 of 11
SHORT-TERM LICENSE AGREEMENT FOR MERLE RESKIN THEATRE
ending when the building is secured after the performance. The rates for the Technical Director, House Manager and Theatre Manager are specified in Schedule A. In addition, Licensor, in its discretion, may require, or Licensee may wish to contract for, the services of any or all of the following persons: the Associate Technical Director, the Assistant Technical Director, Backstage Technician(s), the Box Office Manager, Security Officers, Ticket Agents and Ushers. If such is the case, rates for those services are outlined in Schedule A. B. [Additional Staff]. All additional personnel shall be hired directly by Licensee at Licensee’s expense, subject to Licensor’s prior approval of the qualifications of such personnel. Licensee shall provide Licensor with a list containing the names and qualifications of all additional personnel as well as any other information necessary for Licensor to make this judgment. Licensee agrees to hire a sufficient number of qualified personnel as shall be needed, in Licensor’s sole judgment, to operate and staff the Premises safely and efficiently. All ushers shall be instructed by Licensor’s House Manager regarding fire safety and related matters. C. [Unions]. Licensor does not have any collective bargaining agreements or relationships with any labor organizations relating to the performance of any work on the Premises. Licensor has no objection to Licensee’s recognition of any labor organization(s) as bargaining representative of Licensee’s employees. In this connection, it is understood and agreed by Licensor and Licensee that Licensor shall not be deemed or considered to be an employer, joint employer or co-employer of any of Licensee’s employees, for any purpose. Neither Licensee’s recognition of any labor organization as the bargaining representative of its employees nor any collective bargaining agreement(s) entered into by Licensee shall be deemed or construed to oblige Licensor to recognize or bargain with any labor organization or otherwise assume any obligations vis-a-vis any labor organization, contractual or otherwise. Licensee shall not commit Licensor to recognize or bargain with any labor organization or otherwise assume any obligations to any labor organization, contractual or otherwise. Licensee assumes sole responsibility for all consequences of hiring, or failing to hire, union personnel in connection with the events and performances to be held at the Premises pursuant to this License. Licensee shall defend, indemnify and hold harmless Licensor, its officers, directors, trustees, employees, and agents, past or present, against any actions, claims, suits, unfair labor practice charges or causes of action asserted by any labor organization against Licensor arising directly or indirectly out of any action taken by Licensee in contravention to the foregoing or any collective bargaining agreement(s) to which Licensee is signatory. D. [Labor Disputes]. Licensee agrees to indemnify, defend and hold harmless Licensor, its officers, directors, trustees, employees, and agents, past or present, for any losses suffered as a result of any labor or union disputes arising in connection with the events or performances to be held pursuant to this License. 8.
RIGHTS AND LIABILITIES.
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A. [Holding Over]. Upon completion of each event or performance specified in Schedule A, Licensee shall promptly remove all sets, equipment and other property belonging to it. In the event Licensee retains possession of all or any part of the Premises upon the expiration of the term of this License, whether by lapse of time or otherwise, Licensee shall remit to Licensor compensation at triple the applicable compensation, on a daily basis, for the period of time Licensee thus remains in possession. In addition, Licensee shall pay Licensor an amount equal to all damages, costs and expenses incurred or sustained by Licensor by reason of Licensee’s retention of possession of the Premises and Licensee shall indemnify, defend and hold Licensor, its officers, directors, trustees, employees, and agents, past or present, harmless from any loss or liability resulting from such holding over including, but not limited to, consequential damages. Licensor shall have the right to remove, at Licensee’s expense, any and all property belonging to Licensee that is not removed from the Premises upon the expiration of the term of this License. B. [Taxes and Assessments]. Licensee shall pay all special taxes and assessments or license fees assessed or imposed by law or ordinance by reason of Licensee’s use of said Premises for the purpose of conducting the events or performances specified in Schedule A, and shall hold Licensor harmless and free from any loss, cost, damage or expense by reason of the same, as well as on account of any penalty or damage resulting from any violation of law or ordinance resulting from such use of said Premises by Licensee. C. [Force Majeure]. If Licensor fails to perform timely any of the terms, covenants and conditions of this License on Licensor’s part to be performed, and such failure is due to any strike, lockout, labor dispute, civil disorder, inability to procure or delay in procuring materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, shortages of fuel, equipment or materials, accidents, casualties, acts of God, acts caused directly or indirectly by Licensee (or Licensee’s employees, agents, representatives, patrons and invitees) or any other cause beyond the reasonable control of Licensor, then Licensor shall not be deemed in default under this License as a result of such failure and any time for performance by Licensor provided for herein shall be extended by the period of delay resulting from such cause. Should Licensor’s performance be rendered impossible for such a cause, this License shall terminate and Licensee shall be responsible only for rent and authorized expenses that have occurred prior to such termination. Licensee hereby waives any claims for damages or compensation which might arise should this License be so terminated, as provided in this paragraph. D. [Casualty]. In the event the Premises are damaged by fire or other casualty, this License may be terminated by Licensor at its option, and Licensee shall be responsible only for rent and authorized expenses incurred for the events or performances that have occurred prior to such termination. Should such termination occur prior to the commencement of the term of this License, any advance payments made by Licensee to Licensor shall be refunded by Licensor.
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E. [Remedies]. Licensee agrees to pay upon demand all costs, charges and expenses, including the fees of counsel, agents and others retained by Licensor, incurred by Licensor in connection with any violation on the part of Licensee of any of the covenants of this License; incurred in enforcing Licensee’s obligations hereunder; or incurred by Licensor in any litigation, negotiation or transaction in which Licensee causes Licensor, without fault of Licensor, to become involved or concerned. 9.
MISCELLANEOUS PROVISIONS.
A. [Title of Premises]. All references to the Premises, including those references printed on any publications issued by Licensee, including tickets and programs, shall be stated as “DePaul’s Merle Reskin Theatre.” B. [Signs]. Licensee shall not place any signs, advertisements, posters, show bills, lithographs or cards anywhere on the Premises, including the marquee and exterior and lobby display cases, without the prior consent of Licensor. As part of the four-wall rental agreement, use of four (4) of the eight (8) exterior display cases is available for use by the Licensee for reasonable periods of time before and during the dates of performances. Dates and approval of sign content are by agreement with the Theatre Manager. Use of the marquee, if not reserved for DePaul uses, may be negotiated and rates are outlined in Schedule A. Nothing contained in this License shall prohibit Licensor from requiring an additional fee as a condition to the placement of additional signs. C. [Tickets and Programs]. Licensee shall arrange and pay for the printing of tickets, programs and librettos to be used in connection with the performances or events hereunder. D. [House Seats]. Licensee hereby agrees to provide Licensor with eight (8) tickets for Licensor’s use, for each performance presented by Licensee pursuant to this License. Said tickets shall be in the center section between rows E and H with one seat being on the aisle. E. [Ticket Refunds]. Any ticket refunds due as a result of the cancellation, for any reason whatsoever, of any of the theatrical performances or events listed on Schedule A are the sole responsibility of Licensee. Licensee further agrees to indemnify, defend and hold harmless Licensor, its officers, directors, trustees, employees, and agents, past or present, for all ticket refund claims asserted against it as a result of such cancellation. F. [Broadcasts]. Licensee shall not permit any filming, broadcasting, recording or reproduction by radio, television, or any other device of its theatrical performance or event without the prior written consent of Licensor. Nothing contained in this License shall prohibit Licensor from requiring an additional fee as a condition of granting filming, broadcasting or recording privileges.
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G. [Independent Contractor]. Licensee signs this License as an independent contractor and not as an employee, agent, joint venturer or partner of Licensor. Licensee assumes full and sole responsibility for the payment of its employees and for all of their state and federal income tax, unemployment insurance, social security, disability insurance and other applicable employee withholdings. Licensee is responsible for all federal, state and local laws, ordinances, and regulations relating to its staff and will be responsible for making all decisions including the course of action with respect to all human resource matters for its staff. Licensor accepts no responsibility for the manner, means or details by which Licensee carries out the terms of this License. Licensee will indemnify, defend and hold Licensor, its officers, directors, trustees, employees, and agents, past or present, harmless from any loss, cost, or expense (including attorneys’ fees) arising from Licensee’s activities pursuant hereto, including any claim related to Licensee’s employment practices and other contractual actions. H. [Obligation to Communicate Rules]. Licensee shall communicate the House Rules of the theatre and all other requirements of this License to its employees, volunteers, subcontractors and agents and include all applicable rules and requirements in its subcontracts. 10. ENTIRE AGREEMENT. This License constitutes the entire understanding of the parties with respect to the subject matter hereof, and supersedes any previous negotiations or understandings. Licensor has made no representations other than those set forth herein. This License may not be modified, amended, supplemented, or otherwise changed, except by a written instrument duly executed by the parties hereto. 11. BINDING EFFECT. The covenants and agreements contained herein shall be binding upon the parties hereto and upon their respective successors. 12. GOVERNING LAW AND VENUE. This License shall be construed and interpreted in accordance with the laws of the State of Illinois. Any party bringing a legal action or proceeding against any other party arising out of or relating to this License shall bring the legal action or proceeding in a state or federal court in the County of Cook, State of Illinois. The parties consent to the exclusive jurisdiction of such courts, and each party waives any objections it may now or later have to the venue or convenience of such forum. 13. SEVERABILITY. If any term, clause or provision of this License is determined to be invalid, illegal or unenforceable, the remaining terms, clauses and provisions remain in full force and effect, if the essential terms and conditions of this License remain valid, legal and enforceable. 14. WAIVER. The parties may not waive any part of this License, except pursuant to a writing executed by the party against whom any waiver is sought to be enforced. No failure or delay in (i) exercising any right or remedy or (ii) requiring the 9 of 11
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satisfaction of any condition under this License, and no course of dealing between the parties, operates as a waiver or estoppel of any right, remedy or condition. 15. NOTICE. Each party giving or making any notice, request, demand or other official communication (each, a “Notice�) pursuant to this License shall give the Notice in writing and use one of the following methods of delivery: (i) personal delivery, (ii) Registered or Certified Mail (with return receipt requested and postage prepaid), (iii) nationally recognized overnight courier (with all fees prepaid), or (iv) confirmed facsimile. A party giving a Notice shall send it to the other party at the following address(es) or number(s) for a facsimile: To DePaul University: DePaul University The Theatre School 2135 N. Kenmore Ave. Chicago, IL 60614 Attn: John Culbert, Dean Facsimile No: (773) 325-7920
With a copy to: DePaul University Office of the General Counsel 1 E. Jackson Blvd. Chicago, IL 60604 Attn: Jose Padilla, Vice President and General Counsel Facsimile: (312) 362-5664
To Licensee: Company Name Mailing Address Attn: Facsimile No:
[With a copy to:]
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IN WITNESS WHEREOF, the parties hereto have duly executed this License, as of the day and year shown above. DePAUL UNIVERSITY, Licensor
By:
________________________________ Its _____________________________
_____________________________________ XXXXXXXXXX, Licensee By:
________________________________ Its _____________________________
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