Common use of Ticketing Services Clause in Contracts

Ticketing Services. A) Lessor shall provide Box Office services upon Lessee’s request for Lessee’s event under the following conditions: i) Lessee shall provide Lessor with all pertinent event information including, but not limited to, dates, times and ticket prices, including discount structure, for all performances. Any changes in this information shall be communicated in writing to Lessor’s Patron Relations Supervisor and may result in additional expense to Lessee as defined below in Paragraph N of this Section. ii) Lessee shall pay the applicable event set-up fee as established by Lessor, in the amount of $ 275.00 to create a new floor plan or $ 30.00 to utilize a previously created floor plan in Lessor’s inventory. Such fees shall be paid to Lessor within three days of the date of this agreement and shall be non-refundable for any reason whatsoever. iii) Lessee shall pay to Lessor the per ticket printing surcharge for each and every ticket printed, including, but not limited to, those provided by Lessee to entities on a complimentary basis, as established by Lessor in the amount of $ .15 per ticket printed. Lessor shall retain this amount from box office receipts upon final settlement of Lessee’s event. In the case of cancellation, Lessee shall pay this amount upon Lessor’s demand. iv) Tickets shall not be sold by consignment or by any means other than channels normally utilized by Lessor’s Box Office. All fees specified in this Section are in addition to the “Admissions Surcharge” specified in Section 8 of this contract. B) Lessee’s event shall not be entered into Lessor’s computerized ticketing system until a fully executed contract has been received by Lessor. C) Lessor shall assign Box Office staff on the day and/or evening of Lessee’s event and Lessee shall pay the current hourly rate per person scheduled. Unless otherwise noted by Lessor in writing, Box Office shall open two hours before Lessee’s event and remain open through intermission or until no longer deemed necessary by Lessor. Lessor shall determine the number of Box Office personnel necessary for Lessee’s event. Lessor shall provide daily Box Office staff free of charge during regular daily Box Office hours. D) All communication with the Box Office shall be conducted through Lessor’s Patron Relations Supervisor unless otherwise agreed in writing. The sole exception to this shall be Lessee’s right to contact Box Office to inquire as to how many tickets for Lessee’s event have been sold. Any instruction regarding changes in dates, time or ticket prices shall be submitted in writing to Lessor’s Patron Relations Supervisor with copy sent to the Cultural Center Director. E) Lessee agrees that Lessor shall charge a per order processing fee to all entities which order tickets via fax, telephone, internet or any means other than in person at The Hemmens Box Office located at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The fee per order shall be $5.00. Lessee further agrees that Lessee shall have no participation in revenues generated by the per order fee. F) Lessee agrees that Lessor shall charge a per ticket exchange/return fee to all entities which exchange or return tickets for Lessee’s event. The fee per ticket shall be $ 3.00. Lessee further agrees that Lessee shall have no participation in revenues generated by the per ticket exchange/return fee. G) Lessee agrees that Lessor’s service provider, Seat Advisor Box Office (▇▇▇▇), shall charge a per ticket fee to all entities which order tickets via the internet. This fee shall be defined by the most current agreement between The City of Elgin, IL and ▇▇▇▇. The per ticket fee is determined by average ticket price. Lessee further agrees that Lessee shall have no participation in revenues generated by the per ticket fee. H) Lessee shall pay Lessor a credit card fee for all tickets paid by credit card. The fee shall be $.25 per credit card transaction. I) Lessor shall apply Box Office receipts for Lessee’s event toward Lessee’s “Total Estimated Expenses” as defined in Section 1, Paragraph A and ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇▇ ▇ of this contract. Lessee shall pay the difference of “Total Estimated Expenses” and monies received by Box Office for Lessee’s event to Lessor according to the stipulation defined in ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇▇ ▇ of this contract. J) Upon completion of Lessee’s event, Lessor agrees to provide Lessee with a Box Office statement which displays number of tickets Lessee Initial 3 sold and revenues received by Box Office. Box Office statement to be e-mailed to Lessee within 48 hours of Lessee’s event completion unless otherwise noted, or requested by Lessee. K) Upon completion of Lessee’s event, Lessor shall apply monies received by Box Office toward Lessee’s invoice. Lessor shall, to the best of its ability, process payment to Lessee for the balance of monies received by Box Office in excess of total expenses incurred by Lessee by City of Elgin check within thirty (30) days of event. If expenses incurred by Lessee exceed Box Office receipts, Lessee shall pay the difference. Under no circumstances will lessee be paid by cash, or any other form, from box office receipts on the day of the event. L) Upon Lessee’s request, Lessor shall provide Lessee with a printout of information gathered by Box Office from entities which purchased tickets for Lessee’s event which may include purchaser’s name, address, e-mail address and phone number. Lessee shall provide only such information as is provided by each entity. Lessor reserves the right to retain all such information in its own database. M) If Lessee cancels, postpones, reschedules, relocates or in any other way whatsoever alters the information originally entered in Lessor’s Box Office computerized ticketing system regarding Lessee’s event, Lessee shall: i) Reimburse all entities which incurred fees as defined above in Paragraphs E and F of this Section should such entity not be able to attend event due to Lessee’s change of event. In the case of cancellation, such fees shall be reimbursed to all entities which purchased tickets to Lessee’s event. ii) Pay the current per ticket exchange fee to Lessor for each and every ticket printed at the rate established by Lessor as of the date of this agreement applicable to Hemmens fees whether the ticket is reissued for the changed event or returned for refund. In the case of cancellation, such fees shall be paid to Lessor for each and every ticket purchased for Lessee’s event and may include those provided to entities on a complimentary basis by Lessee. iii) Pay Lessor the per order processing fee as defined above in Paragraph E of this Section for all re-issued ticket orders. This provision does not apply to cancelled events. iv) Reimburse Lessor the credit card fee as defined above in Paragraph G of this Section for all orders paid by credit card which are cancelled due to Lessee’s change of event. Failure to comply with the provisions defined in this Paragraph shall be considered a breach of Section 5 of this contract and is subject to the provisions of such Section.

Ticketing Services. A) Lessor shall provide Box Office services upon Lessee▇▇▇▇▇▇’s request for Lessee▇▇▇▇▇▇’s event under the following conditions: i) Lessee shall provide Lessor with all pertinent event information including, but not limited to, dates, times and ticket prices, including discount structure, for all performances. Any changes in this information shall be communicated in writing to Lessor▇▇▇▇▇▇’s Patron Relations Supervisor and may result in additional expense to Lessee ▇▇▇▇▇▇ as defined below in Paragraph N of this Section. ii) Lessee shall pay the applicable event set-up fee as established by Lessor, in the amount of $ 275.00 to create a new floor plan or $ 30.00 to utilize a previously created floor plan in Lessor’s inventory. Such fees shall be paid to Lessor within three days of the date of this agreement and shall be non-refundable for any reason whatsoever. iii) Lessee shall pay to Lessor the per ticket printing surcharge for each and every ticket printed, including, but not limited to, those provided by Lessee to entities on a complimentary basis, as established by Lessor in the amount of $ .15 per ticket printed. Lessor shall retain this amount from box office receipts upon final settlement of Lessee▇▇▇▇▇▇’s event. In the case of cancellation, Lessee shall pay this amount upon Lessor▇▇▇▇▇▇’s demand. iv) Tickets shall not be sold by consignment or by any means other than channels normally utilized by Lessor’s Box Office. All fees specified in this Section are in addition to the “Admissions Surcharge” specified in Section 8 of this contract. B) Lessee’s event shall not be entered into Lessor▇▇▇▇▇▇’s computerized ticketing system until a fully executed contract has been received by Lessor▇▇▇▇▇▇. C) Lessor shall assign Box Office staff on the day and/or evening of Lessee’s event and Lessee shall pay the current hourly rate per person scheduled. Unless otherwise noted by Lessor in writing, Box Office shall open two hours before Lessee▇▇▇▇▇▇’s event and remain open through intermission or until no longer deemed necessary by Lessor. Lessor shall determine the number of Box Office personnel necessary for Lessee’s event. Lessor shall provide daily Box Office staff free of charge during regular daily Box Office hours. D) All communication with the Box Office shall be conducted through Lessor’s Patron Relations Supervisor unless otherwise agreed in writing. The sole exception to this shall be Lessee▇▇▇▇▇▇’s right to contact Box Office to inquire as to how many tickets for Lessee▇▇▇▇▇▇’s event have been sold. Any instruction regarding changes in dates, time or ticket prices shall be submitted in writing to Lessor▇▇▇▇▇▇’s Patron Relations Supervisor with copy sent to the Cultural Center Director. E) Lessee ▇▇▇▇▇▇ agrees that Lessor ▇▇▇▇▇▇ shall charge a per order processing fee to all entities which order tickets via fax, telephone, internet or any means other than in person at The Hemmens Box Office located at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. The fee per order shall be $5.00. Lessee ▇▇▇▇▇▇ further agrees that Lessee ▇▇▇▇▇▇ shall have no participation in revenues generated by the per order fee. F) Lessee ▇▇▇▇▇▇ agrees that Lessor ▇▇▇▇▇▇ shall charge a per ticket exchange/return fee to all entities which exchange or return tickets for Lessee▇▇▇▇▇▇’s event. The fee per ticket shall be $ 3.00. Lessee ▇▇▇▇▇▇ further agrees that Lessee ▇▇▇▇▇▇ shall have no participation in revenues generated by the per ticket exchange/return fee. G) Lessee ▇▇▇▇▇▇ agrees that Lessor’s service provider, Seat Advisor Box Office (▇▇▇▇SABO), shall charge a per ticket fee to all entities which order tickets via the internet. This fee shall be defined by the most current agreement between The City of Elgin, IL and ▇▇▇▇. The per ticket fee is determined by average ticket price. Lessee ▇▇▇▇▇▇ further agrees that Lessee ▇▇▇▇▇▇ shall have no participation in revenues generated by the per ticket fee. H) Lessee shall pay Lessor a credit card fee for all tickets paid by credit card. The fee shall be $.25 per credit card transaction. I) Lessor shall apply Box Office receipts for Lessee▇▇▇▇▇▇’s event toward Lessee▇▇▇▇▇▇’s “Total Estimated Expenses” as defined in Section 1, Paragraph A and ▇▇▇▇▇▇▇ ▇Section 3, ▇▇▇▇▇▇▇▇▇ ▇ Paragraph B of this contract. Lessee shall pay the difference of “Total Estimated Expenses” and monies received by Box Office for Lessee▇▇▇▇▇▇’s event to Lessor according to the stipulation defined in ▇▇▇▇▇▇▇ ▇Section 3, ▇▇▇▇▇▇▇▇▇ ▇ Paragraph B of this contract. J) Upon completion of Lessee▇▇▇▇▇▇’s event, Lessor ▇▇▇▇▇▇ agrees to provide Lessee with a Box Office statement which displays number of tickets Lessee Initial 3 sold and revenues received by Box Office. Box Office statement to be e-mailed to Lessee within 48 hours of Lessee’s event completion unless otherwise noted, or requested by Lessee▇▇▇▇▇▇. K) Upon completion of Lessee’s event, Lessor shall apply monies received by Box Office toward Lessee▇▇▇▇▇▇’s invoice. Lessor shall, to the best of its ability, process payment to Lessee for the balance of monies received by Box Office in excess of total expenses incurred by Lessee by City of Elgin check within thirty (30) days of event. If expenses incurred by Lessee exceed Box Office receipts, Lessee shall pay the difference. Under no circumstances will lessee be paid by cash, or any other form, from box office receipts on the day of the event. L) Upon Lessee▇▇▇▇▇▇’s request, Lessor shall provide Lessee with a printout of information gathered by Box Office from entities which purchased tickets for Lessee’s event which may include purchaser’s name, address, e-mail address and phone number. Lessee shall provide only such information as is provided by each entity. Lessor reserves the right to retain all such information in its own database. M) If Lessee cancels, postpones, reschedules, relocates or in any other way whatsoever alters the information originally entered in Lessor’s Box Office computerized ticketing system regarding Lessee’s event, Lessee shall: i) Reimburse all entities which incurred fees as defined above in Paragraphs E and F of this Section should such entity not be able to attend event due to Lessee▇▇▇▇▇▇’s change of event. In the case of cancellation, such fees shall be reimbursed to all entities which purchased tickets to Lessee’s event. ii) Pay the current per ticket exchange fee to Lessor for each and every ticket printed at the rate established by Lessor as of the date of this agreement applicable to Hemmens fees whether the ticket is reissued for the changed event or returned for refund. In the case of cancellation, such fees shall be paid to Lessor for each and every ticket purchased for Lessee’s event and may include those provided to entities on a complimentary basis by Lessee. iii) Pay Lessor the per order processing fee as defined above in Paragraph E of this Section for all re-issued ticket orders. This provision does not apply to cancelled events. iv) Reimburse Lessor the credit card fee as defined above in Paragraph G of this Section for all orders paid by credit card which are cancelled due to Lessee▇▇▇▇▇▇’s change of event. Failure to comply with the provisions defined in this Paragraph shall be considered a breach of Section 5 of this contract and is subject to the provisions of such Section.