Use: The Licensee agrees that the agreement is not transferable, no other event or purpose shall be substituted for this purpose, and this will be the only use of the premises, and this use will be in a lawful, proper manner and will not breach any local by-laws. Signature, deposit and proof of insurance must be provided prior to entry of rental space.
Insurance: The Licensee shall procure and maintain, at its own expense, and cost, a comprehensive general liability insurance policy for an inclusive limit of not less than $2,000,000.00 for the term of this Agreement. The Licensee will provide a Certificate of Insurance form as evidence of their insurance and that the Society and the City of Kelowna have been named thereon as an Additional Insured. If proof of the above mentioned insurance requirement is not received by the Rotary Centre for the Arts by the start date of your rental, coverage will be provided for you at an additional cost of $100 per day for the Mary Irwin Theatre or a minimum of $10 per meeting in all other spaces in the Rotary Centre for the Arts.
Deposit: A deposit of 50% of the total rental cost is required in order to confirm your booking. All bookings valued at $100 or less must be paid in full at time of booking. Any change to a confirmed booking will result in the loss of deposit on each room booked within the original contract. Date Changes to a confirmed booking may result in the loss of deposit on each room booked within the original contract. Out of Town Rental Clients – A deposit of 100% of the estimated total rental costs including but not limited to technical fees, insurance and ticket setup fee is required in order to confirm your booking. “In town” is defined as Kelowna, Vernon, Penticton and the communities in between; out of town is all others.
Cancellation or Date Changes to Bookings by Licensee: Bookings cancelled/changed with less than 7 business days’ notice will be subject to the final contract price of each room included in the booking, including technician, staffing fees and all incurred costs. Cancellations must be in writing email, fax or letter.
Additional Performances: There is a fee for each additional performance in the Mary Irwin Theatre. The rate is 30% of the applicable day rate. These costs will be added at time of invoicing.
Capital Improvement Fund Surcharge: $1.27 + GST for every attendee on all event rentals.
Ticket Policy: All tickets for events in the Rotary Centre for the Arts must be sold through the Rotary Centre for the Arts Box Office. The Licensee agrees to pay 10% of gross ticket sales if said ticket sales exceed the rental fee. A $75 fee applies to all individual events that have sold less than 75 tickets.
Merchandising: The Licensee shall pay 10% of gross receipts to the Society on all merchandising products sold in the Rotary Centre for the Arts. The licensee must provide their own float and sales staff. The licensee will pay 15% of gross receipts if the RCA provides float and sales staff. The RCA must receive notification at time of booking.
Technician Fees: All rentals within the Rotary Centre for the Arts which requires a technician will be charged a technician fee of $30 per hour for all sound, light or technical services requested. You are required to have a Rotary Centre for the Arts paid technician on site for all rentals in the Mary Irwin Theatre. Technician is entitled to a 1/2 hour break during an 8 hour time block. Overtime rates will apply on statutory holidays and shifts longer than 8 hours.
Hours of Operation: The RCA is open 8am – 8pm with access until 11pm. The licensee may make advance arrangements to extend their event with public in attendance until 1 am. Arrangements may be made to have access to the RCA for event related set up without public in attendance outside of public access hours. Rentals operating outside of the regular facility hours of 8am to 11pm will be charged an additional rate of $50 per hour. Renters requiring this variance must give the Rotary Centre for the Arts 7 days notice.
Front of House / Guest Services: The Society provides support for events taking place within the Centre. When renting the Mary Irwin Theatre, 4 hours are included with your rental. Additional hours or services for events held in other areas of the building, the Licensee will be charged $30 per hour. These services may include, but are not limited to: Guides, ticket-takers, ushers, coat check. This is a required service when renting the Mary Irwin Theatre; groups are not permitted to provide their own volunteers for these functions.
Security: At the discretion of the society, public events may require professional security at the expense of the licensee.
Settlement: Final charges may vary depending upon the Licensee’s actual use of space and/or equipment. Settlements will be within 10 days after the event. The Licensee will be responsible for payment of any equipment rented on behalf of the Licensee, and will be charged the rental cost plus 10%. The Rotary Centre for the Arts is the first call on any and all revenue to settle outstanding rental and facility charges, and will directly deduct these charges from the box office revenues of the event specified in this contract for reimbursement of all outstanding fees. If ticket revenue is insufficient to cover all outstanding fees the Licensee will be invoiced for the remainder. The promoter is second call on any and all revenue.
Strike and Restore: Any changes made to theatre lighting, sound or other technical equipment or stage must be restored to their standard house positions and be in the same condition as when the Licensee entered the facility a the start of the rental period. If the Licensee has not met all of these obligations within the rental period specified the actual technician time required to do so will be added to the final invoice.
Royalties, Permits: The Licensee shall be responsible for all taxes, permits, licenses, rates, duties or assessments and any copyright fees,
including SOCAN and Re:Sound fees charged or assessed against the Licensee and/or the Society in respect to the use and occupancy of the said premises by the Licensee.
Tariffs: If applicable, the Rotary Centre for the Arts will collect tariffs on behalf of SOCAN and Re:Sound.
Past Due accounts Interest Policy: Terms net 30 days from date of event. Interest will be charged at 2% per month on past due accounts.
Refreshments, Alcohol, Concessions, and Catering: The RCA Bistro has first-right-of-refusal on all catering and exclusive rights to beverage service within the Rotary Centre for the Arts. The Licensee shall not engage in any such business on the premises. The Licensee, or its Board of Directors, will be held personally liable for any and all losses of revenue incurred by the Society because of the infringement or violation of liquor license regulations. The Licensee will not permit any of its members, agents, guests, or any person admitted to the premises by the Licensee, to possess or consume alcoholic beverages on the premises of the Rotary Centre for the Arts, without permission of the Society. Bookings with food and beverage must make arrangements with the RCA Bistro. A 50% non-refundable deposit is required on all food and beverage at time of confirmation, with payment in full, due prior to event. The remainder of invoice is due 72 hours before your event.
Disposal of Licensee property: The Licensee will remove all rental equipment, personal or organizational property upon the conclusion of their event, unless other arrangements have been made. The Society has the discretion to dispose of any posters, programs, stage properties or other items belonging to the Licensee or anyone associated with them, left at the venue after the end of the rental period. Client may be billed to recover dumping fees and labour costs required for extraordinary cleaning and building restore beyond normal requirements, Technician Fees will apply.
Radio, TV, Broadcasting, Recording, Etc: In the event of any recordings, audio or visual, planned in association with the rental activity, for promotional, archival, production or any other use, the Rotary Centre for the Arts booking representative is to be consulted prior to the said recording, and proper clearance be obtained.
Entry: The Society reserves the right to have a representative enter any rooms associated with the rental to communicate with the renter or theatre staff, or to protect the safety of the renter, the renter’s equipment, the theatre’s equipment, personnel, or visitors. The society reserves the right to receive two tickets for each performance in the MIT for the society’s use.
Parking: There are no parking facilities available to clients.
Conduct: The Licensee and its Board of Directors, if a society or a corporation, hereby assume full responsibility for the character, acts and conduct of all persons admitted to the premises or to any portion of the Rotary Centre for the Arts by the consent of the Licensee or by or with the consent of any person acting for or on behalf of the Licensee. The Society maintains the right to eject any objectionable person or persons, including any or all patrons that are disorderly and exhibit behaviour that is potentially dangerous to the premises, other patrons or themselves.
Hold harmless and Indemnification: The Licensee shall be liable for all loss, costs, damages, and expenses whatsoever incurred or suffered by the Society, its officers, employees and agents (the Indemnities) including but not limited to damage to or loss of property and loss of use thereof, and injury to or death of a person or persons resulting from or in connection with the performance, purported performance, or non-performance of this Agreement, excepting only where such loss, costs, damages and expenses are as a result of the sole negligence of the Indemnities. The Licensee shall defend, indemnify and hold harmless the Indemnities from and against all claims, demands, actions, proceedings, and liabilities whatsoever and all costs and expenses incurred in connection therewith and resulting from the performance, purported performance, or non-performance of this Agreement, excepting only where such claim, demand, action, proceeding or liability is based on the sole negligence of the Indemnities.
Force Majeure and Cancellation: In the event that through an act of God, or acts of prohibition of any governmental authority, fire, action of the elements, strikes, civil commotion, or any other cause, the Society is prevented from giving possession of the premises and delivering the services committed, this shall excuse such non-performance and shall justify an immediate termination of this Agreement. The Society shall repay that portion of the fees which have been made by the Licensee to the Society, but the Society shall not be subject to any further liability for damage or loss suffered by the Licensee or others.
and any attached documents constitute the entire agreement between the Parties. This Agreement is made in the Province of British Columbia, Canada, and its validity, construction, performance, breach and operation shall be governed by the laws of British Columbia applicable to contracts to be performed in British Columbia. This Agreement will become binding once both the Society and the Licensee execute it. The headings of this contract are for convenience, and do not in any way define or limit the wording or intent of any provision of this Agreement. No modification or amendment of this Agreement shall be binding unless made in writing and signed by both parties.
Personal information on this form is collected under the authority of the Local Government Act, R.S.B.C. 1996, c.323 and the Freedom of Information and Protection of Privacy Act R.S.B.C. 1996 c. 165, and is necessary for the operation of the Society’s programs, rentals and related activities. Questions about the collection of this information are to be directed to the General Manager of the Centre, 421 Cawston Avenue, Kelowna, B.C. V1Y 6Z1 (250) 717-5304. The Society keeps a mailing list of all individuals and organizations who rent the Rotary Centre for the Arts. This list is used by the Society only, to communicate with Centre renters and lease holders. If you do NOT want personal information submitted on this form to be added to the mailing list, PLEASE INFORM THE CENTRE’S GENERAL MANAGER at (250) 717-5304.
(updated March 24, 2016)