Paul A. Johnston Auditorium Use Policy
The Paul A. Johnston Auditorium, located on the campus of
Johnston Community College east of Smithfield, NC includes a 1,000-seat
performing arts auditorium, library and learning resource center plus
audio-visual facilities and classrooms for use by students and faculty of
Johnston Community College.
Built at a cost of four million, five hundred thousand
dollars and funded through appropriations from the North Carolina General
Assembly, Jo. Co. Commissioners, and 1.5 million dollars contributed by citizens
of Johnston County, the Paul A. Johnston Auditorium opened during the summer of
1989. It exists for the purpose of educational and cultural enrichment of
Johnston Community College and the residents of Johnston County and surrounding
areas. Facilities available for private and public rental include the theatre
auditorium and the auditorium lobby. The student lounge area and the Wilson
Lecture Hall in the adjacent Wilson Building are also available for private
rental.
The auditorium personnel do not have the authority to alter
rental rates, charges or fees to any person or group. Basic factors determining
rental rates charged for use of the Paul A. Johnston Auditorium include the
not-for-profit status of user organization and whether an admission fee is
to be charged. There is no rental fee imposed for events sponsored by Johnston
Community College and Johnston County government.
Rental fees vary according to the space being utilized, the
time of day or week, and the not-for-profit vs. for-profit status of the user.
Base rental use rates quoted include standard utilities and house lighting.
The technical director, security and custodian personnel are required for all
events:
(for performance events in auditorium, add (2) ushers and (1) stagehand).
Rates for services including pre-event set-up and post-event clean-up shall be
charged accordingly.
In order to preserve and protect elaborate state-of-the-art
technical equipment installed in the Paul A. Johnston Auditorium, facility-provided
management and technical personnel are required to be present for all
private/public rental and performance-related events.
Rental Use Fees and Space Capacities
Rental rates have been established by the Board of Trustees
of Johnston Community College. Total rental fee shall be comprised of the base
use fee plus the personnel services and equipment fees applicable per each
individual event designed. Space capacities and typical uses are:
The Paul A. Johnston Auditorium: 1) Capacity 1,000 with
eleven removed seats for wheelchair accommodation 2)Equipped for
hearing-impaired 3)Available for rehearsals, performance events, large
conferences, meetings, presentations and seminars 4)Can include use of dressing
rooms, green room and orchestra pit if required. (Theatrical technical
specifications provided upon request for performance events.)
The Auditorium Lobby: Capacity from 300-600 depending upon
event design. Availability dependent upon student/school activity schedule. Size
40' x 120'. Concession services may be available. Can be used for receptions,
banquets, meetings, performance events, displays and exhibits. It is understood
that students may walk through the lobby during rental times.
The Green Room: Capacity 25-40 depending upon event design.
Available weekdays from 8am-5pm only.
Rental Procedure and Rental Rates
Inquiry may be made in person or by phone to the office of the Paul A. Johnston
Auditorium at (919) 209-2112. An appointment will be made at your convenience so
that you may fully tour the available facilities and discuss services desired. A
sample rental agreement will be made available for your inspection. The
rental contract is only confirmed upon signature and payment of required deposit.
Johnston Community College and the staff of the Paul A. Johnston Auditorium
welcome you to our beautiful facility and look forward to serving your
individual needs.
TERMS AND CONDITIONS OF USE
This agreement, made and entered into the ______ day of
__________ 20___ by and between Johnston Community College and the
Paul A. Johnston Auditorium hereinafter referred to as the Licensor,
______________________________ hereinafter referred to as the Licensee.
1. RULES AND REGULATIONS OF CONDITIONS OF USE: It is mutually
agreed that the Licensee and Licensor shall be bound by the rules and
regulations of conditions of use in this document.
2. CONFIRMATION OF CONTRACT: The rental contract is not in
force until signed by both parties and the security deposit has been received by
the Licensor. Licensee and Licensor shall retain fully executed copies of
this document.
3. CANCELLATION BY LICENSEE: Should the Licensee cancel the
contracted event in advance of thirty days prior to the scheduled event, a
refund will be at the discretion of the Licensor. Cancellation must be made in
writing, and if not made and received within thirty days of the scheduled event,
Licensor reserves the right to require full payment of the total base rental
fee.
4. CANCELLATION BY LICENSOR: Licensor shall have the right,
power and authority to cancel this contract in part or in whole at any time
before or after event starts in writing or orally to the Licensee if, in the
opinion of the official representative of the Licensor 1) the program, songs,
speech, dialogue, performance and the like of whatever kind of nature scheduled
presentation or the advertising or other promotion connected therewith contain,
speak or suggest content contrary to the purposes of the licensed facility; or
2) the purpose of use is changed in any respect from the contracted rental
agreement; or 3) the Licensee is in default to the satisfaction of the Licensor.
5. INDEMNITY: Licensee covenants and agrees to defend,
indemnify and save harmless the Licensor, its officers, agents and employees
each severally and separately, from and against any and all liabilities,
demands, claims, damages, losses, costs and expenses of whatsoever kind or
nature including, without limitation, any and all direct and indirect costs of
defense, made against, or incurred or suffered by, any such indemnities as a
direct or indirect consequence of injury, sickness or disease, including death,
to persons; injury to, or destruction of property, including without limitation,
the loss or use of property, or any other cause of action whatsoever arising out
of, resulting from, or which would not have occurred or existed by for this
license agreement. This indemnity shall include, without limitation, any and all
liabilities, demands, claims, damages, losses, costs and expenses caused, or
alleged to have been caused, by any negligence or any other act of indemnitor.
6. AGREEMENT TO EXIT PREMISES: Licensee agrees to exit
licensed space no later than the term of this agreement. Licensee further agrees
to leave licensed space in condition equal to that found upon their arrival,
except for what may be considered as standard janitorial service as deemed
appropriate by Licensor. Licensor has the right to stop performance when
contracted time has expired.
7. REMOVAL OF PROPERTY: Licensee agrees that all materials
pertinent to the event which are not the possession of Licensor will be removed
from the premises before the (Load-Out) time has expired. Licensor shall be
authorized to remove at the expense of Licensee all materials remaining in
licensed space at the termination of this agreement. Licensee shall be
responsible for payment of storage costs of such materials and Licensee agrees
that Licensor shall in no way be responsible for loss, damage or claims against
material moved or stored under this provision. Licensee agrees that Licensor
will have a first lien on such materials for payment of costs accrued for
removal and storage.
8. PAYMENT FOR DAMAGES: Licensee agrees to pay costs of
repair or replacement for any and all damages of whatever origin or nature,
which may have occurred during the term of this agreement, to condition equal to
that at the time this agreement went into effect. Licensee shall only be
responsible for damage or injury caused by Licensee, its agents, employees,
clients, customers or invitees.
9. NON-ASSIGNMENT: Licensee can not assign, transfer or
subject this agreement to another organization, affiliate or party thereof not
responsible for payment in this agreement.
10. TOTAL AGREEMENT: All terms and conditions of this
contract shall be binding upon the parties, their heirs, representatives, and
assigns, and can not be waived by any oral representation or promise of any
agent or other representative of the parties hereto unless the same be in
writing as signed by the duly authorized agent or agents who executed this
contract. Such written document must be incorporated by specific reference
herein as part of the contract. The rental contract must be returned along
with the required security deposit within twenty days of its receipt or it
becomes void.
11. SEVERABILITY: If any portion of this agreement is found
in violation of the laws or public policy of the State of North Carolina and
thus invalid or unenforceable, all other provisions shall nevertheless continue
in full force and effect. No illegal activity is permitted in or around Johnston
Community College as defined by the General Assembly of the State of North
Carolina.
12. ADDITIONAL REGULATIONS AND CONDITIONS OF USE: The
Licensor reserves the right to impose any additional rules or regulations or to
set special use arrangements, whether or not expressly provided herein, which
may be necessary for the best interests of Johnston Community College, and such
regulations shall be binding upon the Licensee. The College may deny any group
or individual use of the auditorium when that usage shall in the opinion of the
college administration directly and adversely compete with programs that are
sponsored by and in the best interest of Johnston Community College. All
Licensees shall comply with the laws of the United States and the State of North
Carolina, and with all ordinances, rules and regulations of Johnston County and
Johnston Community College.
13. INSURANCE: If deemed necessary by Licensor, Licensee
agrees to provide a public liability insurance policy naming Licensor and
Licensee as insured parties and covering claims for injuries, death and/or
property damage arising out of use of the premises by Licensee in such amount
and such terms Licensor may approve. Said coverage shall coincide with Licensee's
use dates. If Licensee fails to provide evidence of insurance coverage ten days
prior to scheduled event, Licensor may secure the coverage and retain from the
gate receipts and/or deposit such amounts necessary to reimburse Licensor for
the premium, or may cancel terms of this agreement whereby Licensee forfeits all
rights to refund of any monies paid to Licensor.
14. PERFORMANCE BOND: If deemed necessary by Licensor,
Licensee agrees to post a performance bond in an amount equal to the total
contracted fee at least two weeks prior to the scheduled event under this
contract, whether by certified check or by a duly accredited bonding company.
15. COMPLIANCE WITH LAWS AND REGULATIONS: Licensee will
comply with all laws, ordinances and regulations adopted or established by
federal, state or local government agencies or bodies, and by facility rules and
regulations as provided by Licensor, and Licensee will require that its agents
or employees likewise so comply. No activities in violation of federal, state or
local laws or ordinances shall be permitted on the premises, and it shall be the
responsibility of the Licensee to enforce this provision. No loud or indecent
actions, conduct, language, pictures or portrayals shall be included in the
activities or events presented by the Licensee on the premises and nothing
presented, used or sold that is contrary to law or prohibited by ordinance of
the State of North Carolina or Johnston Community College. Licensee agrees to
abide by and be bound by the decision of the Licensor should any questions arise
under this paragraph.
16. LICENSES AND PERMITS: Licensee agrees to pay promptly all
taxes, excise or license fees and to take out all licenses or permits for the
use of the licensed space as required by federal, state or local laws and
ordinances, and Licensee agrees to provide evidence of same to Licensor on call.
17. CATERING: All catering arrangements must be approved by
the Licensor no later than seven days prior to the event. Licensee agrees to
notify Licensor of all catering arrangements.
18. PROGRAMS AND NOVELTIES: All souvenirs, novelties, compact
discs, tapes and/or similar products should be submitted in advance for approval
by Licensor. Licensor shall designate locations within the facility where such
items may be merchandised if approved.
19. UNPAID FEES: Licensor shall have the first lien against
ticket office receipts and all unpaid rental fees, reimbursable expense and
appropriate taxes due for the event, covered by this agreement. Licensor is
empowered to withhold from ticket office receipts all such items, and if such
funds are not available at the conclusion of the event, to impound Licensee's
property. Should such unpaid charges remain unpaid ten days after the final
invoicing of this agreement, Licensor shall have the power to sell such property
at public auction and to apply proceeds from such action to the retirement of
those unpaid charges.
20. PUBLIC SAFETY: Licensee agrees that at all times he will
conduct his activities with full regard to public safety, and will observe and
abide by all applicable regulations and requests by duly authorized governmental
agencies responsible for public safety and with Licensor to assure such safety.
All portions of the sidewalks, entries, doors, passages, vestibule, halls,
corridors, stairways, and all ways of access to public utilities of the premises
shall be kept unobstructed by the Licensee and shall not be used for any purpose
except for ingress or egress to and from the premises by the Licensee. Licensee
agrees not to bring onto the premises any material, substance, equipment or
object which is likely to constitute a hazard to the property thereon without
the prior approval of the Licensor. The Licensor shall have the right to refuse
any such material substances, equipment or object to be brought onto the
premises and the further right to require its immediate removal therefrom if
found thereon.
21. COPYRIGHTS: Licensee will assume all costs, liabilities
and claims arising from the use of patented, trademarked, franchised, or
copyright music, materials, devices, processes or dramatic rights used on or
incorporated in the event. Licensee agrees to indemnify, defend and hold
harmless Licensor from any claims or costs, including legal fees, which might
arise from question of use of any such material described above.
22. NOTICE OF EVENT REQUIREMENTS: Licensee shall provide
Licensor at least fourteen days before the first day of the agreement a full and
detailed outline of all event requirements including technical, sound, lighting,
stage, lobby and chair/table requirements and all such other information as may
be required by Licensor concerning the event covered in this document.
23. SERVICES RENDERED: Licensor will provide at its own
expense heating and air conditioning, overhead lighting for ordinary use, basic
janitorial services as described and use of the public address system as
described. All other services or conditions will be at the expense of the
Licensee unless otherwise specified.
24. UTILITY CONNECTIONS: The proposed installation of
electricity, gas and plumbing required for an event beyond that already supplied
by the facility, must be submitted to and approved in advance by Licensor. All
such connections and related work will be at the expense of the Licensee,
including any related costs incurred by Licensor.
25. ACT CONTRACT: With regard to the proposed act, show or
event, Licensee certifies and attests that he has a valid, properly executed and
compatible contract with the performers whose services form the basis for his
desire to rent the facility. The Licensee shall submit to Licensor upon demand a
copy of said contract with the performers.
26. PARKING: All parking rights and privileges are under the
control of and reserved by the Licensor. A reasonable number of free parking
spaces for event personnel will be provided.
27. LICENSEE PROPERTY: Licensor will accept delivery of
property addressed to Licensee only as a service to the Licensee, and Licensee
will indemnify Licensor for any loss or damage to such property in the receipt,
handling, care and custody of such property at any time. Licensee shall further
indemnify Licensor from any claims or costs related to claims from a third party
for loss or damage to property on the premises of Licensor during the time
covered by this agreement.
28. CONTROL OF FACILITY AND RIGHT OF ENTRY: In renting the
licensed space to the Licensee, it its understood that Licensor does not
relinquish the right to control the management thereof, and to enforce all
necessary laws, rules and regulations. Duly authorized representatives of
Licensor may enter the premises to be used and all the premises at any time and
on any occasion without any restriction whatsoever. All facilities including the
area which is the subject of this permit, and all parking areas shall at all
times be under the control and charge of the Licensor.
29. EXHIBIT ENTRANCE: All articles, exhibits, displays shall
be brought into or out of the facility only at such entrances and during such
hours as designated by Licensor.
30. CARE OF FACILITY: Licensee shall not injure, nor mar, nor
in any manner deface said premises or any equipment contained therein, and shall
not cause or permit anything to be done whereby the said premises or equipment
therein shall be in any manner injured, marred or defaced; and will not drive
nor permit to be driven nails, hooks, tacks, pins or screws into any part of
said building or equipment contained therein and will not make or allow any
alterations of any kind to said building or equipment contained therein.
31. SIGNS AND POSTERS: Licensee will not post nor allow to be
posted any signs, cards or posters except on such display areas as Licensor may
provide. The use of such areas is a nonexclusive right. All materials are
subject to approval by representatives of Licensor.
32. POLICING EVENTS: Licensor reserves the right to eject or
cause to be ejected from the premises any intoxicated or any disorderly person
or persons and neither Licensor nor any of its officers, agents or employees
shall be liable to Licensee for any damage that may be sustained by Licensee by
the exercise of Licensor of such right.
33. SEATING CAPACITY: Licensee will not permit to be sold or
distributed tickets or passes in excess of the seating capacity of the facility
as determined by the Licensor. Licensor will have the right to retain a certain
number of seats as backup for problem seat locations, technical requirements or
other reasons Licensor deems necessary. For those events without ticket sales
and with open admission, Licensor will have the right to determine when the
maximum number of persons has been admitted in accord with free and safe
movement. Licensor shall receive, without charge, up to 15 tickets to
ticketed events.
34. OPENING HOURS: Licensee agrees to open doors for events
in accord with advertised times unless Licensor agrees to the contrary.
35. INTERMISSIONS: Licensee agrees that each performance,
whether with admission charge or not, which is not staged within one hour will
have an intermission of not less than fifteen minutes.
36. EVACUATION: Should it become necessary in the judgment
of the Licensor to evacuate the premises because of fire, bomb threat or for
other reasons of public safety, the Licensee will retain possession of the
premises for sufficient time to complete presentation of his activity without
additional rental; providing such time does not interfere with another building
license. If it is not possible to complete presentation of the activity, rental
shall be forfeited, prorated or adjusted at the discretion of the management of
said facility based upon the situation, and the Licensee hereby waives any claim
for damages or compensation against the Licensor.
37. ANNOUNCEMENTS: Licensor reserves the right to make
announcements prior to performance or during intermission which would relate
briefly to future attractions. Licensor is also entitled to make such
announcements as Licensor may deem necessary at any time in the interest of
public safety. Licensee agrees that it will cooperate and will cause its agents
and performers to cooperate with the delivery of such announcements for public
safety, included but not limited to announcements to require patrons to return
to their seats.
38. TERMINATION OF EVENT: Licensor retains the right to cause
the termination of any performance in the interest of public safety and/or when
contracted End-Of-Show time has expired.
39. ADVERTISING: Licensee agrees that all advertising of the
event will be honest and true and will include accurate information on show
times and ticket prices.
40. COST OF SUIT: Should Licensor institute suit or other
action against Licensee as a result of Licensee's failure to comply with any
term of this agreement, Licensor shall receive all damages provided by law, all
costs and disbursements provided by statute and all costs actually incurred,
including a reasonable attorney fee.
41. NONEXCLUSIVE RIGHT. Licensor shall retain the right to
use and/or license use of such portions of the premises as may not be covered by
this agreement. Licensor also retains the right to re-enter any part of the
premises covered by this agreement should such part become vacant, and to
determine that such unused portion may be offered for other use with receipts
therefore to Licensor with appropriate adjustment to Licensee rental rate.
42. CIVIC RIGHTS: Licensee agrees not to discriminate against
any employee or any applicant for employment because of race, age, religion, or
national origin, and further agrees to likewise not discriminate for these same
reasons against any persons relative to admission, services or privileges
offered to or enjoyed by the general public.
43. ACT OF GOD: If, for any reason, an unforeseen event
occurs, including but not limited to fire, casualty, labor strike or other
unforeseen occurrence which renders impossible the fulfilling of any term of
this license, the Licensee shall have no right to claim for damages against
Licensor.
44. REHEARSAL ARRANGEMENT: Rehearsal times shall be specified
in the use contract attached and arrangements for rehearsal or set-up times are
subject to programs or events previously scheduled. Licensor reserves the right
to limit the number of persons who may come into the auditorium during any
rehearsal. NO rehearsal may extend beyond 11:00pm. Rehearsals shall
take place with limited house lighting unless negotiated and approved by
the Auditorium Director and thus may result in additional use charges to the
Licensee.
45. THEFT: Licensor is not and shall not be responsible for
losses by the Licensee, its agents or employees or ticket holders occasioned by
theft or disappearance of equipment or other personal property.
46. CONTROL OF PREMISES: Licensor does not relinquish right
to control the management of the auditorium or lobby or other spaces.
Representatives of the Licensor may enter any part of the premises at any
time and on any occasion. At all times during rehearsals and performances,
the community college president, facility director, or technical director shall
have the right to control and specify the house lighting level or intensity and
the nature of the volume of sound amplification within the performing and
seating areas of the facility. At all times during rehearsals and performances
the community college president, facility director, or technical director shall
have the right to make the final decision when a difference of opinion arises
concerning the technical equipment, orchestra shell, orchestra pit, Cyc or any
other auditorium property in the Paul A. Johnston Auditorium.
47. POLICE/SECURITY: Licensee agrees to reimburse Licensor
the employment of a sufficient number of private security guards if deemed
necessary by the Licensor to be necessary for maintaining order, protecting
property of the Licensor and enforcing regulations and laws of the State of
North Carolina. Contracted officers shall take their direction from the official
representation of the Licensor.
48. IDENTIFICATION OF LOCATION: Licensee will identify the
facility as "The Paul A. Johnston Auditorium" and the location of the
premises as on the campus of Johnston Community College, Highway 70E at Exit 95,
Interstate 95, east of Smithfield, NC on all printed material and
advertising. No advertising or publicity of any nature may state or imply
that the Licensor sponsors or is responsible for Licensee's activities during
the period of use. Copy and proofs of advertising are to be approved by the
facility management or representative of the Licensor.
49. ANIMALS: Licensee shall not bring or permit to be brought
any animals or birds, including animal performers and pets, into the facility
except in the stage area for animals used in performance of the scheduled event.
50. TICKETING AND BOX OFFICE SERVICES: Licensee must use the ticketing system of the Licensor box office. All tickets will use reserved/assigned seating to ensure ADA compliance and the safety of patrons attending events (overselling).
When events are General Admission and less than 300 are expected to attend, no tickets from box office are required. When events are expecting over 300 to attend, box office ticketing is required for a fee of $100 per performance to be distributed by Licensee.
When admission is charged, the box office must be used. Ticketing cost is $2.00/ticket sold, to cover processing fees, labor and postage or $1.00/ticket sold with all tickets held at ‘Will Call’ thus covering only processing fees and labor. This surcharge is above the renter’s charge per ticket and is not to be included in the base rental fee for ticketed events. Percentage rental clauses shall apply to 1,000 available seats, regardless of actual amount of tickets sold. Within ten business days following the event, Licensee shall be mailed a check for all tickets sold minus $2.00/ticket or $1.00/ticket sold and total rental costs or billed for the difference should sales not exceed the total rental costs.
Licensor will take every precaution against bad checks from customers, but final reimbursement for un-collectable checks shall remain the responsibility of the Licensee and shall be deducted from final payment of ticket sales to the Licensee by the Licensor within ten business days following the event.
51. DONATIONS AND SOLICITATIONS: No collection for donations,
whether for charity or otherwise, shall be made, attempted or announced on the
premises without prior approval of the auditorium director. Under no
circumstances shall a specific monetary amount be requested.
52. CONCESSIONS: Licensor will provide concession services at
discretion of facility management. Licensee will not be allowed to provide
concession services.
53. CLOGGING: In order to preserve and protect the stage in
the Paul A. Johnston Auditorium, Licensor has the right to require a portable
wooden dance floor. All forms of tap or clog type dance shoes are not
permitted to be worn in the lobby or house area in auditorium at any time.
54. ALCOHOLIC BEVERAGES: Alcoholic beverages (beer and wine) may be allowed for events granted prior approval by the College’s Alcohol Review Board. Upon approval, a separate contract with guidelines and stipulations will be required.
55. ORCHESTRA PIT AND ORCHESTRA SHELL: Licensee will not
uncover or cover orchestra pit and will not set-up or take down orchestra shell.
Only qualified personnel provided by Licensor will be hired by Licensee
to set-up or remove orchestra pit and orchestra shell as needed.
