Hire Terms & Conditions
Note: The term ‘Hire’ or ‘Hirer’, shall apply to any agreement or deal agreed for the use of the Babbacombe Theatre
To prevent confusion, tickets can only be sold through our computerised Box Office system. We also have an agency sales agreement with the Tourist Information Centres in Torquay and Visitor Information Points across the Bay. All tickets will therefore be available for purchase from these Centres, if you do opt to sell tickets via other agencies, e.g. Ticketmaster and /or See Tickets, you must ensure the details are provided, regarding amount of tickets to allocated and a contact email.
If you wish to prevent seats from being sold (for sound desks, video cameras, etc.) we must have this information from the time of booking. Once removed they cannot be sold, and vice-versa.
All children over the age of two need a ticket. Those under two will be admitted free, but must sit on a lap.
If you wish to issue complimentary tickets ensure, the General Manager, Sharon Waring is advised of this. If you are issuing special rate vouchers please send the Box Office a sample copy of your vouchers, which they will then swap on presentation for a ticket at the time of booking.
Reservations under 10 tickets will be held for a maximum of 5 days, after which time the tickets will be cancelled automatically with or without notification.
Reservations and Group Bookings over 10 tickets will be held for a specific period discussed with the client. These groups may be contacted on a regular basis to ascertain the status of the reservation.
The theatre retains the right to refuse reservations up to 7 days prior to the performance. The Box Office offers a full range of payment facilities over the counter and on the phone. We can accept all major credit and debit cards. Cheques and Postal orders made payable to Matpro Limited.
There is a charge for postage for each set of tickets, which is re-charged to the customer.
One member only of your organisation, will be given confidential Box Office information of the booking and all enquiries should come through them, preferably via email. If you require further marketing information, contact Sharon Waring for further details.
For the purpose of data protection, listings of customers will not be issued.
Please ensure that all tickets details are returned and confirmed with the Theatre BEFORE announcing details to the public. Or if details are unclear, please indicate in writing an approximate ‘On Sale’ date.
Hire Terms: MATPRO LIMITED, BABBACOMBE THEATRE, TORQUAY.
CONDITIONS OF HIRING
All applicants for the use of the Theatre must be made in writing to the Managing Director, Colin Matthews, via email – [email protected]
The applicant must state precisely the nature of the purpose for which the Theatre is required. Matpro Limited reserves the right to call for further particulars respecting any proposed booking.
Colin Matthews shall have an absolute discretion to refuse an application to hire the Theatre.
The Theatre shall not be used for any purpose other than that stated in the original application.
The Hirer shall not assign the right to use the Theatre or effect any form of sub-letting whatsoever.
A deposit (30% of the basic hire charge), which will be required once the hire contract is granted. The balance of the fee must be paid on immediate receipt of an invoice after the booking has occurred.
Under no circumstances will access be given to the Theatre until the whole of the deposit has been paid and these conditions complied with.
Matpro Ltd will take a 15% commission on any merchandise or programmes sold on or outside the premises.
Matpro Limited reserves the right to refuse payment of the hiring fees by cheque.
The person whose name is on the application form must be over 18 years of age, and will be deemed to be the Hirer.
If the hiring is cancelled or postponed:- Costs of cancellation will be found in the Contract of Hire
No child shall perform on stage under the legal age and any such license for a child must be obtained by the Hirer and produced on demand to the Stage Manager, Tom Martin, [email protected] before the date of the commencement of the hire.
No dogs or other animals are allowed into the Theatre at any time, except Assistance Dogs.
At least 14 days’ notice must be given to the Theatres, Stage/Technical Manager, Tom Martin for the basic lighting programme.
Colin Matthews reserves the right to determine GET IN time.
The Theatre auditorium is limited to 600 seats. Hirers must adhere to the above limit and tickets must not be issued for any greater number. No re-arrangements of the seating is permitted.
All companies hiring the venue are required to hold public liability insurance covering all matters which are the subject of the indemnities and undertakings herein. It is the responsibility of the Hirer, after having taken any necessary professional advice, to determine the appropriate level of cover, having regard to the level of risk, in respect of any one incident and unlimited in total. The Hirer must provide evidence that insurance cover has been arranged before the commencement of the booking.
If there is no policy in place the Hirer will be required to pay an additional fee of 10% of the total hire charge to obtain cover within the policy of Matpro Limited. Any sum by way of excess under this Policy will be payable by the Hirer to Matpro Limited for each claim paid.
No responsibility will be accepted or compensation paid by Matpro Limited in the event of loss or damage being suffered by the Hirer because of failure of the lighting, heating, or any other equipment on site.
Matpro Limited reserves the right cancel any hiring should they consider it necessary to do so due to any royal demise, public calamity, epidemic or destruction of or damage to the premises by fire or because of any other unavoidable cause. Matpro Limited cannot be held responsible or be liable to compensation should the event be cancelled due to Force Majeure.
Any complaints arising out of the hiring of the Theatre, etc. must be made in writing to the Theatres, General Manager, Sharon Waring within 48 hours of the occasion for such complaint.
Whenever the consent of Matpro Limited in writing is required to be given in accordance with these conditions, such consent shall be given by Colin Matthews or his GM, Sharon Waring.
These conditions may be enforced by any Manager of Matpro Limited and they shall have the right to remove or have removed or have excluded from the Theatre any person or persons committing breach of these conditions.
The Hirer shall not obstruct or permit the obstruction by person or property of any gangway, passage, stairway or emergency exit either inside or outside the Theatre.
Smoking is strictly prohibited on or anywhere in the vicinity of the stage, auditorium, foyer and in the dressing rooms.
No decorations, flags, emblems, banners or signs will be permitted to be displayed either inside or outside the Theatre without the previous consent of Matpro Limited.
All woodwork, scenery, flats, draperies, curtains whatsoever provided by the Hirer and used in connection with any production at the Theatre must be rendered non-inflammable and so maintained, failing which the use thereof is prohibited.
No nails, tacks, drawing pins, hooks or screws shall be driven into the walls, doors, floor, furniture or any of the woodwork. No balloons filled with inflammable gas shall be sold or exhibited or used in connection with any performance of the hirer, and nothing shall be done which shall in any way increase risk of fire.
The Hirer shall not commit or permit any interference of any description with any of the fittings, apparatus or furnishings of the Theatre, without first obtaining the consent of and complying with the requirements of the venue or its authorised managers in respect thereof.
Should any damage be done to the building, fittings, apparatus or furniture the expense of making good the same shall be covered by the Hirer. Matpro Limited will be the sole judge of the value of the incurred damage. This includes any damage caused by the audience that Matpro Ltd., deems to be the responsibility of the hirer. Any articles or items belonging to the venue that may be found to be lost or missing from the Theatre during or after any hiring shall be paid for by the hirer. A deposit or guarantee of security against any such loss or damage will be demanded if thought necessary in the opinion of Matpro Limited.
Matpro Ltd is not responsible for any loss of damage to the Hirers equipment, costumes or personal effects.
Tickets for events within the Theatre may only be issued by the Theatre Box Office, the venues website, and appointed agents unless specific permission is sought from Colin Matthews. All other tickets will be declared void. A valid ticket does not automatically permit entry to the Theatre, and the Theatre Manager, Marie Chapman or her deputy may prevent entry if it is in the best interests of the Theatre.
Hire of the Theatre, does not include the parking facilities adjacent to the side of the Theatre. However, we will make provision for at least two vehicles.
The venue will not tolerate the display of fly posters to promote an event within the Theatre. If this occurs the booking will be terminated and deposit will not be returned. The Theatre will not be liable for any costs associated with the removal of illegal billposters.
All posters, pull ups and leaflets must be sent to the Theatre’s Administration Office, care of, Katie Skeggs, for her to arrange distribution and display. Matpro Limited reserves the right to refuse to display any publicity, which it considers unsuitable.
The Hirer shall insure Matpro Limited against any loss or damage suffered by, or any claim made against the venue arising from any breach of these conditions by the Hirer, his representatives, agents or employees.
The Hirer shall comply with all the statutory provisions regarding Copyright in relation to their performance/s. All costs incurred where a claim is made for failure to comply will be met by the Hirer.
Matpro Limited has taken out a Licence with the performing Rights Society Limited to cover the performance of all musical work in the repertoire of that Society. The Hirer shall comply with the Conditions of the Society’s License (which may be inspected on application to the Theatre, by Colin Mathews and in particular shall: -
a) Permit the Society, by its duly authorised agent, to have the free right of entry in and upon the accommodation during all times of a public performance.
b) Within 24 hours of the termination of the hire or in the case of a hire being extended a printed list signed by the Hirer of all the music and songs being performed with the names of the authors, composers, arrangers and publishers of such compositions and the number of times such has been performed.
c) If no music is to be performed or songs sung, the aforesaid form shall be endorsed to this effect and similarly returned to Colin Matthews.
The ticket price will be agreed between the Hirer and Matpro Ltd. This ticket price will shown on the contract or hire agreement and will the be the price paid by patrons. From this figure there will be deductions of:
1. VAT at the current rate
2. Credit Card Commission at the current rate
3. PRS at the current rate unless a letter is received from PRS confirming a lower rate
4. Any agency commission resulting from sales of tickets by a third party
5. Any contras agreed e.g. advertising, catering etc
from the balance the Hire Charge will be deducted and after this deduction the proceeds will be paid to the Hirer.
Hours of hiring must be specified on the initial application. Matpro Limited reserves the right to hire the theatre spaces during times not specified upon the initial request, but will be confirmed on the supplied contract. Should you need to change your original hours, this will be in agreement with the management, and will be charged at the appropriate rates.
PERFORMING RIGHTS SOCIETY - PRS
Before any performance of copyright musical works can be given in public, those responsible for the event are required to obtain the permission of the owner if the copyright of the works concerned.
Obviously, if each music user were to have to seek out separate permission for each individual work to be performed the administrative burden would be extremely onerous. Through the PRS it is possible to obtain permission to use virtually any copyright works (exceptions are in certain specialised areas such as ‘grand rights’) by applying for a licence and paying the appropriate royalties. For the hirers of the Babbacombe Theatre, the administration is further simplified by virtue of the fact that we do hold our own licence with PRS. The hirer does not need to apply personally to PRS. However, the venue will need to provide certain information to PRS in order that the appropriate fee can be assessed.
In most cases, the information required by PRS will be restricted to the frequency and general description of events that have taken place. The main exceptions to this are that;
(1). When events such as popular concerts, classical concerts or variety shows occur, it is necessary for the box office receipts (net of VAT) to be declared, as the royalty is usually a percentage of such figures. (4.2% or a variable percentage).
(2). For all live music events PRS requires a full list of the individual works used during the performance/s.
Please co-operate with the venue over the provision of this information which they are contracted to supply to PRS. Failure to do so can result in performances being unauthorised and your rights being infringed. In such cases PRS will take action as necessary to protect its members rights.
Please also note, that any account balance at the end of a production, may be withheld by Matpro Limited until suitable PRS information can be supplied.
Should you have any further queries please do not hesitate to contact the administration office on (01803) 322233.