Production Services

Facility Scheduling

Facilities are available for use only between the hours of 8:00 a.m. and midnight. Use includes reasonable use of utilities, such as electricity, water and natural gas, and basic custodial services.

Scheduling

Facilities are available to the community for events sponsored by organizations, corporations and individuals and are subject to applicable user fees and charges. Production Services reserves the right to deny any request for use of the theatre facilities that may conflict with the Southern Utah University's primary mission, programming and activities.

Production Services will schedule use of all of its facilities, with priority given to University programs and activities. Facilities will be available for rent only for those days and times during which Southern Utah University or the Utah Shakespearean Festival does not have scheduled programs or activities.

Under the terms of Southern Utah University Space Scheduling Policy all requests are considered in the following order of priority:

1. Regularly scheduled University academic classes, public service programs, theatre productions, and their related rehearsals, commencement, and other academic or public ceremonies.
2. Functions and activities of the University or individual building occupants or departments including concerts, lectures, and charted student, staff, and faculty organizations, including SUUSA, STAB, faculty Senate, etc.
3. State high school tournaments and extend cultural events.
4. Professional meetings and conferences of national and regional societies and academic organizations with established University relationships or associations.
5. Other nonprofit public service or charitable activities or programs, including but not limited to, public school activities, political parties, civic and service organizations and fraternal groups.
6. Non-arts-related, for-profit business.

Upon receipt of the Application and Agreement for Use Theatre Facilities form, a conformation document is generated. This is a Reservation of Campus Facilities Form that verifies the space to be used, date(s) and time(s) and arrangements.

Licensing and Fees

At the discretion of Production Services, the facilities are available for use under the policies and the terms stated here and under the Policies for Theatre Facility Use. Production Services on behalf of Southern Utah University grants each Licensee a short-term rental to use a particular space for specific agreed-upon dates and times.

Licensee is subject to the Facility Fee Schedule detailing fees for facility use and labor fees. Additional fees may be determined and charged on a per event basis and will be disclosed on the initial estimate.

Payments and Deposits

After consultation with the Licensee, Production Services assesses and itemizes an approximated estimated amount for each event. Some fees, such as personnel costs, are estimated to the best of Production Services ability given the information provided by Licensee. Actual costs are determined after the event has been completed; any overpayments or underpayments are credited or billed to Licensee at that point.

In advance of the event, Production Services must receive (1) a campus account number or (2) a payment 50% of the estimated amount that is non-refundable, and is due immediately upon execution of the Agreement and estimate. This deposit will be applied to the final invoice of charges. The remaining amount must be paid at least twenty (20) days after the date of the final invoice following the event. A reservation is not considered binding until a signed contract has been executed and this non-refundable deposit (50% of the estimated amount) has been paid in full. Events should not be announced publicly, and tickets should not be placed on sale, until a fully executed agreement has been completed, and this 50% deposit has been received by Production Services.

Insurance

Any off-campus person(s), group(s), or organization(s) are required to have Comprehensive General Liability Insurance coverage, in amounts not less than $1 million, for any liability for injury or damage to property, in effect during their entire use of the facilities. Licensee must obtain an endorsement to its liability insurance policy naming Southern Utah University, its employees, officers and directors as additional insured’s under the policy, and insuring Licensee’s obligation under this Agreement, and must provide the facility manager with a copy of such endorsement as well as a certificate of insurance at least forty-eight (48) hours prior to the set up date.

Personnel: Terms of Use

Production Services assumes no responsibility for planning, designing, or executing Licensee’s event unless it has been contracted to do such.

For all events, the following Production Services personnel must be at the facility any time that the Licensee, its agents, contractors, or employees are present:

• A Facility Manager; and/or
• A Light Board Operator (when lighting equipment is used and determined on a per event basis);
• A Sound Board Operator (when sound equipment is used and determined on a per event basis);
• A Deck Technician (To be determined on a per event basis.)

When invitees are present, the following personnel must also be at the facility:

• A Production Services House Manager (a minimum of one hour prior to curtain); and
• Ushers (minimum of 6), to be provided by either Licensee or Production Services.

In addition to the personnel listed above, other Production Services personnel may also be required, depending on the technical needs of the Licensee’s event. Production Services reserves the right to assess those needs and require the presence of additional personnel at its sole discretion, but at Licensee’s cost and expense. University equipment is to be operated only by Production Services personnel, so as to protect University property and the safety of those in the Facility. Labor fees for Production Services personnel will be added to Licensee’s labor fees, the estimated amount will be determined in advance in Licensee’s event.

Security

As per University policy, events will be reported to the University Department of Public Safety. The Department of Public Safety at his/her sole discretion may require the Licensee to supply a bonded security during the use of the Facility, the expenses of which will be the sole cost and expense of the Licensee. Production Services will also reserve the right to assess this requirement independently of the University Department of Public Safety.

Ticketing and Box Office Services

At Licensee’s request, Production Services is able to provide box office sales and ticketing services for Licensee’s event. Theatre box office(s) are located at the Randall and Auditorium Theatres. For more information about fees for box office set-up and operations, please contact Production Service’s Facilities Manager.

The following policies apply to Licensees’ use of Production Services box office and ticketing facilities:

Box Office

At Licensee’s request, Production Services will agree to open the box office for presale of tickets during regular business hours (10 am to 5 pm MST) to coincide with Licensee’s advertising efforts. Additional hours of operation are available at Twenty and 00/100 Dollars ($20.00) per hour. All ticket information (including performance times and dates, all ticket prices, text to be printed on tickets, etc.) must be submitted to Production Services Facilities Manager by Licensee no later than three (3) weeks in advance of earliest presale date. In addition, Production Services will agree to have the box office open at least one (1) hour prior to and at least thirty (30) minutes following the start of each of Licensee’s public events. Tickets printed are subject to a Twenty-Five cent ($0.25) fee. Licensee may also use their own ticket stock. If Licensee uses their own ticket stock, please pick up remaining tickets once the event is complete.

Ticket Distribution

Tickets may be purchased in advance of a performance over the phone will be held for “Will Call” or in person at the Theatre box office. Tickets also may be held and paid for day of the event. Production Services recommends holding 10 tickets until one-half hour prior to show time for last minute VIP’s, comps, etc. These ten (10) tickets can go on sale if there is no notification from Licensee at least one-half hour prior to show time that they are needed. Prepaid tickets will not be released for resale.

Service Charges

Licensee must pay Production Services a Twenty-Five and 00/100 Dollars ($25.00) fee for each box office service change, including but not limited to production ticket prices, requested by Licensee after its Agreement has been executed.

Receipts Reconciliation

Production Services will provide Licensee with complete box office accounting reports.

Release Tickets

Licensee may request in writing “release” tickets from Production Services box office for advance sales. However, if such release tickets are lost, Licensee will be assessed the cost of each ticket lost plus an additional charge of one dollar ($1.00) per ticket. A charge of two dollars ($2.00) will be assessed for reprinting lost tickets. Any "release" tickets not sold can be returned to the box office a minimum 1 hour prior to the show will be placed back into the system and sold.

Comp List

Licensee must provide Production Services box office with Licensee’s alphabetically ordered complimentary ticket list for each event no later than three (3) hours prior to the performance time. Complimentary ticket forms must be picked up and completed in person at the box office. Any person requesting complimentary tickets whose name is not on the aforementioned list, or whose request has not been specifically approved by one of the mutually agreed upon designated representatives of the Licensee, will be refused. Licensee can request from the facility manager a copy of the comp list following the event for information of who used their comps tickets. Licensee is accountable for all tickets that are either comps or "released".

Merchandise and Concessions Sales

Licensee may sell merchandise (including, but not limited to, T-shirts, posters, and other souvenirs) only by prior arrangement with Production Services. All merchandise to be sold must be approved by Production Services at least one (1) week prior to Licensee’s first public performance. The Southern Utah University Bookstore have the responsibility to conduct or coordinate all retail selling on campus. Licensee must pay Southern Utah University Bookstore 10% of the gross proceeds from these sales. Southern Utah University Bookstore will provide a cash registar and cashier for the event(s). A check will be issued following the event for the item(s) that were sold. Outside vendors are not permitted unless approved by the University Bookstore.

Production Services maintains exclusive rights to concessions (food and beverage) sales at the Facility; Licensee may not sell food or beverages at the Facility at any time. At the Licensee’s request, Production Services will provide concessions services at no charge to Licensee. Licensee must notify Production Services at least one (1) week prior to Licensee’s first public performance, and all profits from concessions sales remain with Production Services.

Marketing and Publicity

The Licensee is responsible for its own public relations materials, advertising and production programs. However, all public relations and publicity materials associated with Licensee’s production and information regarding ticket sales (including, but not limited to, brochures, advertisements, posters, programs and flyers, and goods to be sold must be submitted to and approved by Production Services at least one (1) week prior to printing and distribution.

All public relations and publicity materials associated with the Licensee’s event must identify the facility by name, location, box office information and event time(s). No signs, banner, advertising or solicitation materials may be placed on facility property without Production Services express written consent.

Exploitation

Licensee may not use or permit the use of the names “Utah Shakespearean Festival,” "Shakespearean Festival," Shakespeare Festival" or “USF,” nor may the Licensee permit the use of these names by any sponsor, or in affiliation with any commercial product or company, or for the purpose of fundraising or the solicitation of sponsorship, without Production Services prior written consent.

Videotaping and Photography

Licensee must obtain prior written permission from Production Services to photograph, film, broadcast, record or reproduce by radio, television or any other device, the performances inside the Facility.

Equipment

At least ten (10) days prior to loading into the facility, the Licensee must provide Production Services with a list of all equipment that the Licensee intends to use, including a specific description of lights, sets, props, platforms and other installations and their locations. All major set construction must be completed prior to moving into the facility; Production Services facilities are to be used for final set assemblage and storage only.

At the discretion of Production Services, the Licensee may make reasonable use of the technical production equipment in the facility. Availability of this equipment is subject to change because of equipment purchase, sale, failure or other reasons, and Production Services cannot guarantee equipment availability.

Care of Premises

Licensees receive a license to use the facilities on an “as is, where is” basis, and are expected to accept the facilities in the condition existing at the Set Up Date and return them to this condition upon leaving. Licensee is responsible to maintain the Facilities and equipment of Production Services in good working condition and unchanged appearance. No food or drinks shall be allowed in the performance or seating area at any time; no smoking is allowed in any of theatre facilities, including the performance areas and Stage 2, at any time. Production Services reserves the right to assess if excessive cleaning (beyond basic custodial services provided) is needed. A fee of One Hundred-Fifty Dollars and 00/100 ($150.00) fee per day of use may be assessed if facility condition is not maintained or returned in the condition it was received. Use of Production Services business offices, telephones, office machines or other office equipment is strictly prohibited.

Licensee must not make any changes or decorations to the space without Production Services consent and approval. Specifically, no nails, paint or tape shall be used on or attached to either the floor, or any other item or product that might damage the floor’s surface, composition or appearance. Similarly, nothing may be applied to seating, walls, counters, cabinetry or other equipment that could damage or alter the appearance of said fixtures. Any and all painting and/or building of sets must be arranged prior to loading into the Facility. Production Services agrees not to withhold unreasonably its consent to temporary changes or decorations that do not damage the space or Facility or violate any applicable state and local statutes, ordinances, laws, codes or regulations. Production Services and Licensee agrees that Production Services’ refusal to consent to changes or decorations that will damage the space or Facility or be in violation of any applicable state and local statutes, ordinances, laws, codes or regulations or interfere with other projected or scheduled uses of the space or Facility is deemed reasonable.

Code and Permit Compliance

Licensee must comply with all applicable state and local statutes, ordinances, laws, codes and regulations, including, without limitation, the State of Utah, Cedar City and Southern Utah University fire and building codes.

Responsibility for Damages and Indemnification

Licensee shall protect, indemnify and hold harmless Utah Shakespearean Festival, its Board of Governors, Southern Utah University, its Board of Trustees, the Facility, the individual members thereof, its employees, agents, contractors, management and staff, officers and directors from any and all claims, losses, damages, liens, liabilities, injuries, deaths, lawsuits and other proceedings, judgments and awards, and costs and expenses (including but not limited to reasonable attorney’s fees and costs) or any other expenses asserted against or suffered by said persons or entities resulting from or arising out of any negligence, misconduct or non-compliance with its Agreement or applicable laws, ordinances, codes or permit requirements. Licensee is responsible for any property loss, damage or theft or any personal injury suffered in or related to the Facility and the space during their use, and must replace any equipment lost, damaged or stolen due to Licensee’s negligence at fair market value.

Fire and Building Code Requirements

Licensee may not use any pyrotechnics or open flame, or engage in any activity that involves risk of fire without University, City and State officials approval for all open flame, pyrotechnic device or charge in accordance to Utah State Fire Code regulations. This must be designated on your form and received a minimum of three weeks prior to event for all paperwork and necessary tests to be completed. The University Fire Marshal reserves the right to inspect the set up of each event making certain that proper safety precautions are adhered to. If a performance or the production is closed by the University Fire Marshal or Cedar City Fire Department or any other governmental agency or department because of alleged non-compliance by Licensee with applicable code or permit requirements, Licensee must nevertheless pay Production Services the full amount of its use and occupancy fees. All events must comply with all fire and building codes. In addition to requirements of the University Fire Marshal, Production Services reserves the right to assess the risk of fire or safety of the proposed performances.

Cancellation and Termination

The Licensee may cancel its space reservation by written notice delivered to Production Services at least five (5) business days prior to the Set Up-Date, without further financial obligation to Production Services, other than costs and/or expenditures of Production Services that cannot be recouped. If Licensee cancels its reservation less than five (5) business days prior to the Set Up-Date, whether prior to or during the scheduled run of performances, will result in forfeiture of Licensee’s reservation deposit and/or be responsible for all costs incurred prior to notification of the cancellation. Production Services may terminate its Agreement with a Licensee at any time if either (a) Production Services is given notice by any governmental agency or department that Licensee is violating any applicable laws, ordinances, codes or permit conditions, or (b) if Licensee is damaging the space, equipment, or other facilities or fixtures of the facilities, or is otherwise violating provisions of its Agreement. Production Services will effect a termination by delivering a written notice to an authorized representative of the Licensee. Production Services, Southern Utah University, or the Utah Shakespearean Festival will not be liable for any costs incurred by Licensee in preparing for cancelled performances or for lost profits or consequential damages arising from cancelled performances.

Non Discrimination Statement

The Utah Shakespearean Festival and Southern Utah University are committed to providing equal opportunities to all persons regardless of race, color, national origin, age, religion, sex, disability, citizenship, ancestry, sexual orientation, or veteran status in its programs, services, activities, employment policies, and facilities. It is the policy of the University to maintain an academic and work environment free of discrimination, including harassment. In this regard University policy is intended to be consistent with the provisions of applicable State and Federal laws and conforms to all the laws, statutes, and regulations concerning equal employment opportunities and affirmative action. This includes: Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Executive Orders 11246 and 11375, Equal Pay Act of 1963, Vietnam Era Veterans Readjustment Assistance Act of 1974, Age Discrimination in Employment Act of 1967, Sections 503 and 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990.

Other Obligations

Additional policies and obligations of the Licensee are enumerated in the Policies for Theatre Facility Use.