GENERAL CONTRACT AGREEMENT

 

This contract is made on (day, date, year), between Stage One, Inc., 824 Brookside Ave, Charlotte, NC 28203, herein referred to as Presenter, and (name, address, city, state, zip), herein referred to as Producer, with regard to the production of the play (title).

 

I. The Producer, having reviewed and approved the attached Production Plan, covenants and agrees to produce said play for performance at the times and places specified therein. Specifically, the Producer shall:

  1. Deposit funds to cover the cost of production as specified and scheduled in the Plan;

  2. Assume and maintain creative and administrative control over all aspects of the Plan;

  3. Maintain close communication with the Presenter in all matters relating to the Plan; and

  4. Receive return of investment based on revenue up to, but not more than the invested amount.

II. In exchange, the Presenter agrees to

  1. Authorize the Producer to invest tax-deductible funds in this production, and to solicit funds from other sources, as specified in the Plan;

  2. Receive these funds and other revenue generated by the project, and disburse them as directed in the Plan;

  3. Serve as agent of record in all contractual negotiations;

  4. Provide non-profit discounts for space and equipment, bulk mail, commercial advertising, and other goods and services;

  5. Maintain financial books and records, filing all fiscal and legal forms and reports;

  6. Provide any specific additional services stipulated in the Plan.

III. To seal this agreement, the Presenter has deposited (amount) in escrow, to be applied to production costs and reimbursed according to the plan.

This agreement shall be enforced under the laws of the State of North Carolina, and shall be binding upon the Parties, their successors, assigns and personal representatives.

 

This document and the attached Production Plan constitute the entire agreement.

 

Signed the day and year first above written.

 

____________________________                ___________________________

Producer                                                                Presenter

 

 

Stage One, Inc.
Sample Production Plan

 

Producer:  John Doe
Address:  100 Oak Ln
City/State Zip:  Hometown, NC 20000
Phone/Cell/Pager/E-Mail:  704-555-0000/704-555-1111//johndoe@aol.com
Organization:  
Production Title/Author:  Hamlet, by William Shakespeare
Performance Venue:  The Globe Theatre
Days/Dates/Times:  Thur-Sat,  Sep 1-17, 8:00; Sun, Sep 18, 2:30
Production Manager:  Jane Buck
Stage One Facilitator:  Bob Fawn

 

General Description

This plan describes in detail who does what when regarding the production. The Production Budget (Appendix A) projects and tracks all expenses and receipts; the Production Schedule (Appendix B) lists all meetings, activities, and deadlines. Any unspecified obligations are the responsibility of the Producer.

 

Communication

The Producer will meet with the Presenter as scheduled in Appendix B to transfer funds and exchange information. In addition, the Stage One facilitator will attend production meetings and confer regularly, directly, and exclusively with the Production Manager regarding all peripheral needs and concerns.

 

Funding

The Producer will furnish Stage One with escrow funds to cover the costs indicated in the Production Budget (Appendix A), no later than the dates indicated on the Production Schedule (Appendix B). Failure to make scheduled deposits may result in cancellation of the affected portion of the plan.

 

Unless otherwise stated, the production budget is the amount that will be generated when ticket sales average 50% of house capacity through the run of the show (half the number of seats times the average ticket price times the number of performances).

 

To raise this amount, the Producer may solicit both charitable donations and non-profit investments under the following conditions:

  1. Fundraising materials are reviewed by the Presenter and presented under the cover of a Stage One Letter of Authorization.

  2. Donations to Stage One, earmarked exclusively for this production, are fully tax deductible under Section 501 (c) (3) of the US Tax Code. The Presenter will provide each donor with a letter to that effect.

  3. Investments in the production will be paid to the Presenter and repaid proportionately, as ticket sales recover production costs, no later than two weeks after closing night. If costs exceed gross revenue, the Presenter will also provide letters allowing the shortfall as a deductible donation.

  4. No investor may receive more than the actual amount invested. If revenue exceeds cost, Stage One retains the net, reserving exactly half, for three years only, for projects staged by the Producer. After three years, these funds revert to Stage One.

To be eligible for tax deductions, all contributions and investments must be payable to "Stage One / [Production Title]."

 

Space & Equipment

The Presenter will lease the specified venue for the performance dates (above) and for budgeted load-in and tech/dress rehearsals.

 

The Producer will arrange space for all rehearsals, construction, and transportation of scenery, props and costumes unless otherwise stipulated in the budget. Non-profit rates apply.

 

The Producer may use any available Stage One scenery, costumes, properties, and equipment needed, so long as they are returned in good condition. Time and expense involved in refurbishing, repairing, or replacing any Stage One property will be charged to the production budget.

 

Staffing

The Producer will assume or assemble a company to cover the following credited positions:          

Production Manager

Director (Choreographer, Musical Director, Conductor)

Stage Manager

Actors (Singers, Dancers)

Design Team (Scenery, Costumes, Props, Light & Sound)

Technical Director

Production Crew (Carpenters, Painters, Stitchers, 

Stage Hands & Board Operators

Marketing Director 

House Manager

Box Office Staff

House Staff

Other (list)

 

* The Production Manager will maintain the calendar, monitor deadlines, plan and conduct production meetings, and maintain lines of communication within the company and with the Stage One facilitator.

The Presenter will sign all company members named in the Production Budget to a standard Stage One contract stipulating all conditions and compensation.

 

Marketing

The Producer will develop and execute a comprehensive marketing campaign, producing and distributing posters and flyers, producing and labeling mailers, and providing the Presenter with release copy and camera-ready newspaper ads, all in time to meet deadlines scheduled in Appendix B. All graphic advertising will include the Stage One production logo, and release copy will prominently include the words "Produced Under the Umbrella of Stage One," or words to that effect. Mailers must use the Stage One return address and bulk mail permit, and be sorted by zip code.

 

The Presenter will announce the event through Public Services Announcements to local media, note it in all concurrent Stage One advertising, and feature it on the Stage One web site and the Public Access TV magazine Stage One Forum. The Presenter will also be responsible for placing newspaper advertising and posting bulk mail at non-profit rates as specified in the schedule.

 

The Presenter is not responsible for publicity if the Producer fails to meet a scheduled deadline.

 

Box Office & House Management

The Producer will be responsible for all box office and house management activities, printing tickets and programs, and providing personnel to take reservations, sell tickets at the door, and usher.

The Presenter will provide a box office telephone and answering machine.

 

Financial Management

The Production Budget (Appendix A) assumes paid attendance will average 50% of the house capacity. The producer will therefore incorporate all costs into a maximum amount determined by the following formula:

 

Number of Seats X Ticket Price X Number of Performances

2 (50% seating capacity)

The Presenter will negotiate contracts and authorize expenditures for goods and services only after the Producer has presented funds to pay for them. These funds will be deposited into a Stage One bank account as escrow, earmarked exclusively for this production, from which the Presenter will pay all obligated amounts as they are due.

 

The Presenter will advance escrow funds in excess of obligated amounts to the Producer as petty cash upon request, the amount of which will not at any time exceed $500, to be replenished by the Presenter as needed in exchange for itemized receipts of purchase. The Producer will return the full amount of this advance to the Presenter, in receipts or cash, no later than three days before closing night.

 

The Producer will also account for and deliver to the Presenter all revenue from advance sales and program ads at the end of each production week, and all walk-up receipts and ticket stubs before the first act intermission of each performance. The Presenter will deposit these funds into the escrow account for distribution within ten working days after closing night, as follows:

    Priority One: Repay Producer and non-profit investors. If revenue does not cover costs, repayment is proportional, and all loss is tax-deductible.

     

    Priority Two: Pay contingent company shares. After investors are repaid, up to $_______ in revenue pays members of the company up to $______ per share.

     

    Priority Three: Pay Presenter. Revenue in excess of projected income is retained by Stage One, half of it reserved exclusively for future projects staged by the Producer. If, after three years, the Producer has not used these funds, they will revert to Stage One.

The Presenter will maintain all financial and fiscal records for the escrow account and handle all tax reports, including 1099 Forms and letters acknowledging tax-deductible donations in excess of $200. Copies of these records will be provided to the Producer as requested during the production period and in final form within ten working days after closing night.