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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.

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