HUBBARD STREET DANCE CHICAGO

PERFORMANCE AGREEMENT
AGREEMENT, made this 10th day of September, 2015 between Hubbard Street Dance Chicago
(hereinafter HSDC), 1147 West Jackson Blvd., Chicago, IL, 60607 (312) 850-9744 (telephone) (312) 4558240 (fax) (hereinafter COMPANY) and
VENUE: The Repertory Theater
CONTACT: Sasha True
ADDRESS: 130 Edgar Road, Webster Groves, MO 63119
PHONE: (314) 968-4900
WEBSITE: www.repstl.org
BOX OFFICE PHONE: (314) 968-4925
(Hereinafter referred to as PRESENTER),
I.

ENGAGEMENT

Presenter hereby engages the services of the COMPANY and the COMPANY hereby accepts the
obligation pursuant to the terms hereunder, to provide performance(s) (hereinafter called
Engagement) as follows:
Name of Theater: The Repertory Theater
Place of Performance (City, State): Webster Groves, MO
Day, Date, and Time of Performance:
DATE
TIME
September 10, 2015 8:00PM
September 11, 2015 8:00PM

PRODUCTION
The Art of Falling
The Art of Falling

Residency Activities

II.

Post-performance discussion immediately following Engagement on September 10, 2015

Master class for STUDENTS to be schedule in September 9, 2015 and taught by a member of
COMPANY artistic staff
Opportunity for up to 30 students to take company class during the engagement; exact date
and time to be mutually determined, students will be selected from the aforementioned
master class
COMPENSATION

The total payment for the engagement shall be Twenty Thousand ($20,000) and shall be paid according
to the following schedule:
(20%) on signing
(80%) on or before (date of first performance)
The fee is SPECIAL and Confidential.

No deductions shall be made for reasons of taxation or expenses incurred by the PRESENTER before,
during or after the engagement.
COMPANY AND PRESENTER acknowledge and agree that the attached RIDER and any Addenda are an
integral part of the contract for this engagement and both parties shall be bound by the terms and
provisions therein.
It is understood and agreed that this contract is not contingent upon either the COMPANYs or the
PRESENTERs receipt of public and/or private funding, directly or indirectly related to this engagement.
III.

COMPANY WILL PROVIDE THE FOLLOWING

a. A company of dancers, all costumes, properties, scenery, audiotapes, and lighting and sound
equipment as may be necessary for the performance(s).
b. Housing for all COMPANY members.
c. All licenses and/or rights for the choreography and music showcased in the performance(s).
d. All artistic and company personnel necessary for rehearsal and performance and/or activities of
COMPANY hereunder, management personnel, stage manager, lighting supervisor, audio
engineer, head carpenter, production manager, and wardrobe supervisor.
e. Copy for the house program four weeks prior to the first performance
f. Promotional materials package including:
Electronic press kit including digital poster, logos for both the COMPANY and the
PARTNER, proper social media engagement, and any other materials COMPANY decides
necessary for the Engagement and any aforementioned Residency activities
Demonstrational DVD/video of HSDC, which cannot be edited for any use without prior
consent of COMPANY, and may be used only for promoting this engagement
g. COMPANY shall have sole exclusive control over the production, presentation and performance
of the engagement hereunder including, but not limited to, the details, means and methods of
the performance of said engagement and the performances of each participant herein and the
persons to be employed by COMPANY for this engagement. PRESENTER shall not attempt to
change or eliminate any portion of the text, choreography, music, sound accompaniment,
costumes, lighting, stage design or performance of the engagement herein provided, or do
anything to derogate or impair COMPANYs rights in any of the foregoing

IV.

PRESENTER WILL PROVIDE THE FOLLOWING

a. Auditorium, theatre or other performance space which is deemed acceptable by COMPANY for
said performance(s), with all necessary staff including but not limited to publicity, ticket,
services, house manager, house staff, doormen, custodial, security and technical staff as set
forth in the RIDER and Addenda.
b. Fulfillment of all categories of Minimum Technical Requirements as set forth in attached RIDER.
c. Approval and cooperation of all unions having jurisdiction of the facility where the
performance(s) will take place with respect to all staffing, services, equipment, and materials to
be supplied by COMPANY and/or PRESENTER.
d. All necessary promotional personnel required to fulfill all requirements in SECTION VII.
e. Original clippings with newspaper masthead of all advance articles and performance review on
the engagement. Samples of marketing materials used to promote the engagement and

attendance figures will be provided to COMPANY within one month of completion of

engagement
f. TEN (10) pairs of complimentary tickets, per performance in prime center orchestra locations,
TWO (2) of these tickets shall be reserved on a center aisle for use of the Artistic Staff. In
addition, seven (7) pairs of tickets, per performance, also in prime center orchestra locations,
available for purchase by HSDC at a 20% (twenty percent) discount. These tickets may be
released for sale no less than 24 hours prior to each performance curtain time. Should the
performance not be sold out, PRESENTER shall make every attempt to comply with COMPANY
request for COMPANY personnel to occupy any vacant and available seats. Upon request,
additional tickets at the best available location will be available to COMPANY the same discount
for use of COMPANY personnel and donor engagement.
g. Seating charts must be provided to COMPANY upon signing this Agreement, with scaling,
complimentary, and purchase ticket locations specified.
h. Adequate class and rehearsal space for COMPANY. A minimum two-hour class/rehearsal period
is required by COMPANY onstage every day during residency.
i. Adequate space for residency activities stated in SECTION V.
V.

RESIDENCY ACTIVITES INFORMATION AND REQUIREMENTS

Programming for The Art of Falling also provides master classes for the Dance department at the
PRESENTERs university partner.
PRESENTER does not have permission to record or document any of the master classes provided.
PRESENTER will hold COMPANY harmless should any injuries to non-COMPANY members occur.
MASTER CLASSES
PRSENTER will provide adequate space for any students capable and interested in a large master class
COMPANY will provide a beneficial master class to last two hours.
From these master classes, thirty (30) students will be selected to work in a more intimate setting with
COMPANY members.
VI.

PHOTOGRAPHY, RECORDING AND FILM

PRESENTER acknowledges that photography or any recording of the Engagement violates Copyright law.
COMPANY will make reasonable accommodations regarding photography and video recording of
Engagement, especially for educational purposes.
PRESENTER agrees that no photography or recording will occur without written permission, and that no
distribution of recording shall occur.
VII.

PUBLICITY/MARKETING

All COMPANY billing shall be specified as below:

a. Billing in all advertising and publicity issued or authorized by PRESENTER, including but not
limited to programs, billboards, signage, publications, and posters shall be as follows: Presented

by Hubbard Street Dance Chicago, Glenn Edgerton, Artistic Director, in partnership with The
Second City.
b. COMPANYs and PARTNERs logo shall be used in all advertisements, publicity, and house
program.
c. Billings of individual members of COMPANY and PARTNER in programs and other places
COMPANY directs.
COMPANY agrees to provide promotional materials as outlined in SECTION III in a digital package, made
accessible upon signing this Agreement. Photos are to be used for promotional purposes only, and no
alteration or manipulation to any materials provided are permitted without written consent from
COMPANY or PARTNER (if applicable).
VIII.

SPONSORSHIP/DONOR

COMPANY and PARTNER reserve the right to acknowledge on the program cover page any corporations,
individuals, public entities, and/or any other organization that my provide financial or in-kind
sponsorship support to The Art of Falling or COMPANY season. The PRESENTER agrees to print such
acknowledgement in its entirety and in no circumstances may omit such acknowledgement without
express written consent of COMPANY. No alteration can be made to the acknowledgement without
written permission.
IX.

PROGRAMS

PRESENTER shall provide a sufficient number of house programs, available for distribution at time of
performance, and conforming to the billing provisions as follows:
a. PRESENTER shall use program copy provided by COMPANY. If any changes to the program copy
become necessary due to space limitation, COMPANY requests prior notification and right of
choice as to which aspects shall be eliminated.
b. Program order and casting is subject to change and must be noted in all printed material.
c. If any changes occur due to injury, illness, or early printing, the PRESENTER agrees to print
corrections at its own expense.
X.

LIABILITY

COMPANY will continue to present liability and workers compensation insurance covering its own
employees.
Each party agrees to hold harmless the other party against any claims, damages, liabilities, or losses in
connection to the Engagement. PRESENTER will provide proof of personal, public, fire, and theft
insurance for COMPANY records.
XI.

CANCELATION

If an Act of God prohibits execution of this agreement, both parties shall be forgiven of their mutual
responsibilities.
If PRESENTER cancels the Engagement for reason other than an Act of God, the PRESENTER shall be
responsible for all fees agreed set forth in this agreement. If COMPANY cancels the Engagement for

reason other than an Act of God, the COMPANY agrees to reimburse the PRESENTER for all losses
procured.
XII.

BREACH OF CONTRACT

Should either party not make all reasonable effort to fulfill this contract and additional RIDER, proper
legal channels should be taken to seek damages. All parties will make reasonable effort to keep legal
proceedings private.
BOTH PARTIES SIGNING BELOW ARE AUTHORIZED SIGNATORS OF COMPANY AND PRESENTER
For HUBBARD STREET DANCE CHICAGO
________________________________________________________

Date:_____________________

For PRESENTER
________________________________________________________

Date:_____________________