Fill and Sign the Booking Agreement 497331646 Form

Booking Agreement between Theater Owner and Manager of Entertainment Group along with Provisions for Safe and Sanitary Place of Employment Employment Agreement made on the __________________ (date) , between __________________________ (Name of Manager of Entertainment Group) of ____________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Manager , and _______________________ (Name of Theater Owner) , a corporation organized and existing under the laws of the state of ________________, with its principal office located at ____________________________________________________________ _____________ (street address, city, county, state, zip code) , referred to herein as Owner . 1. Owner’s Undertakings Owner agrees to furnish for the purpose set forth below the _______________ _____________ (name of theater) , lighted, heated and cleaned, with the scenery and equipment contained in the Theater, necessary stage hands, not to exceed ______ (number) persons in the carpentry department (including the head carpenter), ______ (number) persons in the property department (including the head property man), and one electrician (the Manager to pay all additional stage help necessary), janitor, ushers, ticket sellers, doorkeepers, coupon and regular tickets, regular house orchestra, house programs, regular house license, regular house billboards, regular house bill posting, and regular house newspaper advertising for a period of ______ (number) weeks, beginning _________________ (date) , and ending _________________ (date) , the engagement comprising ______ (number) evening and usual and holiday matinee performances. 2. Manager Undertakings Manager shall furnish complete scenic production for a play entitled ________________________________ (name of play or production) , and everything necessary to the performances contemplated by this Agreement, not previously agreed to be furnished by the Owner, and to give the performances in a proper and creditable manner, with a complete cast of (describe cast, such as actors) __________________________________, and all costumes for the same. The Manager also shall: A. Furnish all perishable properties and lamps required; B. Furnish scene and property plots and the music parts for the orchestra at least _______ (number) weeks in advance of this engagement; C. Provide the legal permit of the author for the performances, and pay author's fees and remuneration; and D. Furnish and deliver to the Owner, at least two weeks prior to the beginning of the engagement, the necessary printed matter, properly lined and dated, photographs, press matter, cuts and any special devices that may be used by the Manager, in sufficient quantity for advertising the performances. 3. Division of Gross Receipts The gross receipts of the play during the engagement shall be divided as follows: _____% to the Owner and _____% to Manager. A. The gross receipts shall be the aggregate monies paid by the patrons of the Theater to secure admission to view performances of the play. No deductions shall be made except as expressly provided in this Agreement. B. The admission prices that the Owner shall charge, as well as the free admissions, if any, except to the local press, shall be fixed by mutual consent. C. In making its settlement with the Manager, the Owner shall credit the Manager's share with an amount equal to _____% of the equity payroll (as defined below) of the cast of the play for the period of the engagement. The Manager shall furnish the Owner with a detailed statement of the equity payroll. This provision as to the _____% applies only to the first $_______ of the salary of any member of the cast. The term equity payroll means so much of the payroll as is subject to the provisions of the Manager's collective bargaining Agreement with the ________________________ (e.g., the Actors' Equity Association) . 4. Taxes Any taxes imposed on gross theatrical receipts by the federal government or by the tax authorities of any state or municipality shall be deducted from the gross receipts at the conclusion of each performance, and all calculations under this Agreement shall be made on the basis of the gross receipts less such taxes. 5. Insurance During the time this attraction shall play at the Theater, Manager will carry liability and compensation insurance in an approved company, and upon his failure so to do the Owner shall be entitled, for the term of this Agreement, to purchase such insurance for the benefit of the employees of the Manager, and to deduct the cost of the insurance premiums from the first monies due to the Manager. 6. Advertising The local advertising of the play during its engagement shall rest in the Owner's discretion. The Manager shall not arrange for any promotion or advertising without the Owner's consent. Unless the parties otherwise agree in writing, the cost of any local advertising placed by the Owner shall be borne wholly by the Owner, and the cost of any local advertising placed by the Manager shall be borne wholly by the Manager. 7. Incidental Sales Owner shall have the sole right to sell or cause to be sold sheet music, phonograph records, candy and refreshments in the Theater during the engagement of the performance there. The Manager shall have the sole right to sell or cause to be sold souvenir programs or booklets of the play in the Theater during the engagement, subject to the usual _______% commission to the house concessionaire. 8. Sanitary Working Conditions Owner agrees to comply with the rules set forth in the attached Exhibit A pertaining to the maintenance of safe and sanitary working conditions for the performers. 9. Observance of Laws Manager agrees to conform to all federal, state and local laws, orders and regulations applicable to the performances to be given under this Agreement. 10. Breakage Manager further agrees that every member of the company shall abide by the rules and discipline for the government of the Theater during the term of this Agreement, and that he will pay for breakage or damage to property incurred by any member of the company. 11. No Other Performances Manager agrees that without the written consent of the Owner, he will not allow the combination, star, or any member of the company to play, or to be advertised to play or perform, at any Theater in ________________ (city) during the term of this Agreement, nor allow any member of the company to play or perform, or to be advertised to play or perform, at any Theater in the City at any time prior to _______ (number) weeks after the period of this Agreement. If the Manager violates this condition, he shall pay the Owner as liquidated damages, and not as a penalty, _______________ (dollar amount) per week as partial damages, and the Manager consents that, in the event of his breach of this clause, the Owner may obtain an injunction from any court of competent jurisdiction restraining the advertising of or the appearance of such company member at any other Theater for the term, and that he or she will interpose no defense to the injunction. 12. Force Majeure If the Theater is destroyed by fire, flood or any other calamity, or if by reason of strikes, lockouts or any other cause beyond the Owner's control the Owner is unable to make the Theater available for the play under this Agreement, then the Owner shall not be liable to the Manager for any consequential damages. 13. Closing of the Theater If any scheduled performance of the play at the Theater is not given because it is found that further rehearsals of the cast are necessary or for any reason attributable to the Manager's fault, then the Manager shall pay to the Owner, as and for the rental of the Theater, and in addition to any other expenses that the Owner may necessarily incur as a result, $__________ for each day that the Theater is closed. 14. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 15. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 16. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 17. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 18. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 19. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 20. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 21. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 22. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 23. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. __________________________ (Name of Owner) ________________________ By:_________________________ (P rinted Name of Manager) ________________________ ________________________ (P rinted Name & Office in Corporation) (Signature of Employee) ________________________ (Signature of Officer) Exhibit A Provisions for Safe and Sanitary Places of Employment 1. All stages shall be clean and properly heated. 2. All dressing rooms shall be properly heated and shall have adequate lights, mirrors, shelves and wardrobe hooks for the actors' make-up and dressing equipment. Floors shall be washed or vacuumed at least once each week; and dressing rooms cleaned at least once each working day. 3. All dressing rooms shall be maintained in a clean and sanitary condition and painted as necessary. Peeling paint and loose plaster shall be repaired. 4. Treads on backstage stairways shall be maintained in a safe condition, with adequate lighting and adequate handrail supports. 5. Alleyways leading to stage doors of Theaters shall be accessible and properly lighted. 6. Each dressing room shall contain at least one washstand with hot and cold running water for every _______ (number) actors assigned to the dressing room. 7. Toilet facilities shall be maintained in good working order and kept clean and sanitary, and shall be on each dressing room floor. 8. All Theaters that house musical productions shall provide separate showers for men and women within a reasonable distance from the dressing rooms. 9. Ventilation of the dressing rooms and of all change rooms that are usually found in the basement shall meet the standards set by municipal health codes.