Responsible Person Lessee
Move In Date Production
Move Out Date First Performance
Theatre Lease Agreement 20200713 Initial
THEATRE LEASE AGREEMENT
between
THE RENAISSANCE THEATRE, TRADING AS
THE SOUTH AFRICAN STATE THEATRE
and
LESSEE
[whose details are set out in Schedule 1]
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Theatre Lease Agreement 20200713 Initial
Table of Contents
1. PARTIES……………………………………………………………………………………….. 4
2. INTERPRETATION & DEFINITIONS…………………………………………………. 4
3. LETTING AND HIRING……………………………………………………………………. 6
4. LEASED PREMISES……………………………………………………………………….. 6
5. DURATION OF LEASE……………………………………………………………………. 6
6. THE PRODUCTION………………………………………………………………………… 6
7. PAYMENT……………………………………………………………………………………… 7
8. COMMISSION………………………………………………………………………………… 8
9. INTEREST …………………………………………………………………………………….. 9
10. VALUE ADDED TAX……………………………………………………………………….. 9
11. OVERTIME AND OVERRUNS………………………………………………………….. 9
12. ADDITIONAL EQUIPMENT AND CONSUMABLES……………………………. 10
13. CANCELLATIONS ………………………………………………………………………… 11
14. HOUSE SEATS…………………………………………………………………………….. 11
15. BOOKING AGENT ………………………………………………………………………… 12
16. MARKETING AND PUBLICITY……………………………………………………….. 12
17. THE LESSEE’S OBLIGATIONS………………………………………………………. 14
18. PERFORMANCE RIGHTS……………………………………………………………… 16
19. CATERING…………………………………………………………………………………… 16
20. INSURANCE………………………………………………………………………………… 17
21. FILMING AND VIDEO RECORDING ……………………………………………….. 17
22. SMOKING / REFRESHMENTS IN THE AUDITORIUM / STAGE …………. 17
23. ELECTRICAL INSTALLATIONS ……………………………………………………… 18
24. BRANDING, SIGN POSTING AND FOYER DISPLAYS ……………………… 18
25. FIRE, EMERGENCY EXISTS AND SECURITY…………………………………. 18
26. PERSONNEL ……………………………………………………………………………….. 19
27. NON-SOLICITATION …………………………………………………………………….. 19
28. LIMITATION OF LIABILITY…………………………………………………………….. 19
29. FORCE MAJEURE………………………………………………………………………… 20
30. AIR CONDITIONING / LIGHTING AND MACHINERY SUPPLY…………… 21
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31. GENERAL CONDITIONS AND HOUSE RULES………………………………… 21
32. COMMUNICATION WITH LESSOR…………………………………………………. 22
33. DAMAGE TO OR LOSS OF PROPERTY …………………………………………. 22
34. GOVERNING LAW………………………………………………………………………… 23
35. BREACH ……………………………………………………………………………………… 23
36. DOMICILE……………………………………………………………………………………. 24
37. RETURN OF CONTRACT ……………………………………………………………… 25
38. SUB-LETTING / NO CESSION ……………………………………………………….. 25
39. GENERAL ……………………………………………………………………………………. 25
40. CORRUPT ACTIVITIES…………………………………………………………………. 26
41. COVID-19…………………………………………………………………………………….. 27
42. ATTESTATION……………………………………………………………………………… 29
SCHEDULE “1” ……………………………………………………………………………………… 31
ANNEXURE “A” …………………………………………………………………………………….. 35
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Theatre Lease Agreement 20200713 Initial
1. PARTIES
This Agreement is entered into by and between:
1.1 THE RENAISSANCE THEATRE, trading as THE SOUTH AFRICAN STATE
THEATRE, a cultural institution in terms of the provisions of section 3(1) of the
Cultural Institutions Act, 1998, also a Schedule 3A Public entity under the Public
Finance Management Act, 1999 (the “Lessor”); and
1.2 The entity identified as the Lessee in the Transaction Schedule (the “Lessee”).
each hereinafter referred to individually as a “Party” and collectively as the “Parties”.
2. INTERPRETATION & DEFINITIONS
2.1 The headings of the clauses in this Agreement are for the purposes of
convenience and reference only and shall not be used in the
interpretation of, nor modify nor amplify, the terms of this Agreement nor
any clause hereof.
2.2 Unless such meaning is inconsistent with the context the following terms
shall throughout this agreement have the following meanings, namely:
2.2.1 “Agreement” shall mean this Lease Agreement;
2.2.2 “Booking Agent” shall mean the SAST appointed ticketing agent;
2.2.3 “Business Day” shall mean any day other than a Saturday, Sunday
or public holiday;
2.2.4 “Building” shall mean the State Theatre situated at 320 Pretorius
Street, Pretoria, of which the Leased Premises form part;
2.2.5 “Consumables” shall mean any and all goods supplied to the Lessee
by the Lessor;
2.2.6 “CPA” shall mean the Consumer Protection Act, 2008;
2.2.7 “Gross Sales” shall mean the gross sales generated by sale of
tickets for the Production excluding VAT and commissions and other
fees paid to the Booking Agent;
2.2.8 “Leased Premises” shall mean the theatre specified in Schedule 1;
2.2.9 “Move-in Date” shall mean the date specified in Schedule 1;
2.2.10 “Move-out Date” shall mean the date by which the Lessee shall
vacate the Building, as specified in Schedule 1.
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2.2.11 “Parties” shall mean the Lessor and Lessee, and “Party” shall be a
reference to either of them;
2.2.12 “Production” shall mean the production specified in Schedule 1;
2.2.13 “Rental” shall mean the amount specified in Schedule 1;
2.2.14 “Signature Date” shall mean the date of signature of this Agreement
by the last Party signing;
2.2.15 “Staff” shall mean the Lessor’s personnel identified in Schedule; and
2.3 Expressions in the singular also denote the plural, and vice versa;
2.4 Words and phrases denoting natural persons refer also to juristic
persons, and vice versa;
2.5 Words indicating one gender shall import and include other genders;
2.6 The schedules to this Agreement form an integral part hereof and words
and expressions defined in this Agreement shall bear, unless the context
otherwise requires, the same meaning in such schedules. In the event of
a conflict in meaning between the Agreement and the schedules, the
provisions of the Agreement shall take precedence.
2.7 When any number of days is prescribed in this Agreement, same shall
be reckoned exclusively of the first and inclusively of the last day unless
the last day falls on a day which is not a Business Day, in which case
the last day shall be the immediately following Business Day.
2.8 In the event that the day for payment of any amount due in terms of this
Agreement should fall on a day which is not a Business Day, then the
relevant date for payment shall be the following Business Day.
2.9 Where figures are referred to in numerals and in words, if there is any
conflict between the two, the words shall prevail.
2.10 Where any term is defined within the context of any particular clause in
this Agreement, the term so defined, unless it is clear from the clause in
question that the term so defined has limited application to the relevant
clause, shall bear the same meaning as ascribed to it for all purposes in
terms of this Agreement, notwithstanding that that term has not been
defined in this interpretation clause.
2.11 The use of the word “including” followed by a specific example or
examples shall not be construed as limiting the meaning of the general
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Theatre Lease Agreement 20200713 Initial
wording preceding it and the eiusdem generis rule shall not be applied in
the interpretation of such general wording or such specific example or
examples.
2.12 A reference to an enactment in this Agreement is to that enactment at
the Signature Date and amended or re-enacted.
2.13 The rule of construction that the contract shall be interpreted against the
Party responsible for the drafting or preparation of the Agreement, shall
not apply.
2.14 The expiration or termination of this Agreement shall not affect such of
the provisions of this Agreement as expressly provide that they will
operate after any such expiration or termination or which of necessity
must continue to have effect after such expiration or termination,
notwithstanding that the clauses themselves do not expressly provide for
this.
3. LETTING AND HIRING
The Lessor hereby leases and the Lessee hereby hires the Leased
Premises on the terms and conditions set out in this Agreement.
4. LEASED PREMISES
The Leased Premises and its capacity is as specified in Schedule 1.
5. DURATION OF LEASE
The Lessee shall lease the Leased Premises for the period commencing on
the Move-in Date and ending on the Move-out Date.
6. THE PRODUCTION
6.1 The Lessee shall use the Leased Premises solely for purposes of
staging a theatre production, being the Production specified in Schedule
1.
6.2 The Lessee shall not stage the Production in the Leased Premises
unless the Lessor has approved the Production in writing. The Lessee
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shall not be entitled to stage any production other than the Production as
approved by the Lessor.
6.3 The Lessee shall be allowed into the Lease Premises for purposes of
setting up and rehearsing as from the Move-in Date.
6.4 The schedule of performances of the Production is as set out in
Schedule 1. The Lessee shall comply with such schedule, unless
otherwise agreed upon between the Parties in writing.
6.5 The Lessee shall vacate the Leased Premises immediately after the
Production has ended and remove all decor, sets, furnishings and any
other materials and goods of whatsoever nature brought into the
Building by the Lessee and undertakes that it shall do so in any event by
no later than the Move-out Date. If the Lessee fails to do so, the Lessor
shall be entitled to remove all such items from the Leased Premises and
store same. The Lessee shall on demand reimburse the Lessor for all
costs incurred by the Lessor relating to such removal and storage. The
Lessor shall have no liability to the Lessee for any damage to or loss or
theft of the removed and/or stored items.
7. PAYMENT
7.1 In consideration for the lease of the Leased Premises, the Lessee shall
pay to the Lessor the amount of a Rental specified in Schedule 1.
7.2 Unless otherwise agreed upon between the Parties in writing, the
Lessee shall pay the Rental as follows:
7.2.1 the Lessee shall pay an amount equal to 50% (fifty) percent of the
Rent on the Signature Date; and
7.2.2 the Lessee shall pay the balance of the Rental, being an amount
equal to 50 (fifty) percent of the Rental by no later than 7 (seven)
days prior to the Move-in date.
7.3 The Lessee shall make payment of the Rental into the Lessor’s bank
account, the details of which are as follows:
Account Name South African State Theatre
Bank ABSA
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Account type Current
Account number 4053216317
Branch code 632005
The Lessee shall provide the Lessor with proof of each payment as soon
as it has been effected.
7.4 In addition to the Rental, the Lessee shall pay to the Lessor all other
amounts set out in this Agreement, including the costs of personnel
overtime, additional equipment and Consumables provided to the
Lessee. The Lessee shall make payment of such additional amounts to
the Lessor within 7 (seven) days of the Lessor’s invoice.
7.5 The Lessee acknowledges that the Lessor is unable to prepare final
accounts for the production until at least 15 (fifteen) business days after
the final performance of the Production. Once the final accounts have
been finalised, the Lessor shall submit them to the Lessee.
7.6 Should the final accounts show that any amount is due by the Lessee to
the Lessor, the Lessee undertakes to pay the Lessor the full amount
outstanding, within 7 (seven) business days of the date of the final
account.
8. COMMISSION
8.1 In addition to the Rental, the Lessee shall pay such commission as may
be specified in Schedule 1 to the Lessor. The commission shall be
calculated as a percentage of Gross Sales.
8.2 The Lessee authorises the Lessor to deduct from Gross Sales paid over
by the Booking Agent to the Lessor the full commission due to the
Lessor, before distributing any ticket sales revenue due to the Lessee.
8.3 Under no circumstances shall the Lessee be entitled to sell any ticket
which it has instructed the Booking Agent to issue as a complimentary
ticket. If tickets issued as complimentary tickets are sold, Lessee shall
pay the Lessor full commission in respect of such tickets.
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9. INTEREST
If any amount payable by the Lessee to the Lessor is not paid by the due
date, that payment shall bear interest at the prevailing prime overdraft rate
plus 2%, as quoted by the Lessor’s bankers from time to time, from the date
such payment became due until the date payment is actually received by the
Lessor.
10. VALUE ADDED TAX
The Lessor is exempt from registration for Value Added Tax (“VAT”). As
such, the Rental does not include VAT. All amounts in this Agreement are
considered as net of VAT and there shall be no deduction or addition of VAT
to any amount under this Agreement.
11. OVERTIME AND OVERRUNS
11.1 The Rental includes the cost of the services provided by the Staff
specified in Schedule 1 during the Move-in and set-up period and the
run of the Production. The Rental excludes the costs of all other staff
and personnel. If the Lessee requires the services of additional staff or
personnel, the Lessee shall pay the Lessor for such services at the rates
determined by the Lessor from time to time.
11.2 If the Lessee moves into the Leased Premises on a Sunday, the Lessee
shall pay to the Lessor the overtime costs relating to the Lessor’s staff
that have to work on that day at a rate of double time.
11.3 Should the Production performances cause overtime to be incurred by
the Lessor, the Lessee shall be liable for payment of such overtime.
11.4 Overtime shall be calculated as follows:
11.4.1 For 15 minutes, a charge of 30 minutes;
11.4.2 For 30 minutes, a charge of 1 hour.
Initial Here
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11.5 Where a Performance runs over the Production time, as stipulated in
Schedule 1 hereto, the Lessor shall be entitled to charge the Lessee a
penalty of 5% of the Gross Sales. This is applicable
also to the time allotted to Strike, on Move-out.
12. ADDITIONAL EQUIPMENT AND CONSUMABLES
12.1 In addition to making use of the Leased Premises available to the
Lessee for the Period of Use, the Lessor also agrees to provide the
following:
12.1.1 use of the static lighting rig as available in the Leased Premises. The
lighting rig may not be altered without the prior written consent of the
Lessor. Should consent be given then the Lessor shall be entitled to
appoint an agent, at the Lessee’s expense, to inspect any alterations
or additions to the Lease premises, and all costs incurred in resetting
the lighting rig after the production shall be for the Lessee’s account;
and
12.1.2 use of the installed Sound Equipment (speakers and mixing desk) as
available in the Leased Premises.
12.2 In the event that the Lessee requires any equipment or other
Consumables other than the equipment specified in clause 12, the
Lessee shall make payment to the Lessor in respect of such equipment
in the event that the Lessor makes it available to the Lessee.
12.3 The Lessee may not, under any circumstances, remove any Lessor’s
Lighting or Sound equipment from the Leased Premises or any other
part of the Building.
12.4 The Lessee takes possession of the Leased Premises including all
Lighting and Sound equipment contained therein and acknowledges that
this equipment is in good working order at the time of move-in. Should
there be any damage to such equipment, the Lessee must inform the
Lessor in writing on move-in. Equipment found to be damaged after
move-in, will be repaired or replaced by the Lessor at the expense of the
Initial Here
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Lessee. Such an expense may be recouped by the Lessor from the
Lessee from any amount due to the Lessee from Ticket Sales.
13. CANCELLATIONS
13.1 Once bookings for the Production have opened at the Booking Agent,
the Lessee shall not be entitled to change the performance dates or
times of the Production unless, subject to the provisions set out below in
this clause 13, a particular performance is cancelled outright.
13.2 Should the Lessee cancel performance of the Production and/or this
Agreement at any time, the Lessor shall be entitled, without prejudice to
its rights at law, to retain the Rental or any portion of it already paid.
13.3 If the Lessee cancels the Production or terminates the Agreement less
than 3 (three) months prior to the move in date, the Lessee shall be
liable to pay the Lessor the whole of the Rental.
13.4 The Lessor may, in its sole and absolute discretion, refund a portion of
the Rental paid by the Lessee if the Leased Premises have been re-let
for the dates, duration and value for which it was originally reserved.
13.5 If the Lessee terminates the Agreement or cancel the Production, the
Lessee shall, on demand by the Lessor, reimburse the Lessor for any
costs and expenses already incurred by the Lessor in connection with
the Agreement or the Production.
14. HOUSE SEATS
14.1 The Leased Premises contains the number of house seats specified in
Schedule 1. The seat numbers of such seats are also specified in
Schedule 1, but may be changed by the Lessor from time to time.
14.2 The Lessee may not sell tickets for house seats. Such seats are
reserved for and controlled by the Lessor’s Chief Executive Officer
(CEO), or his assignee, and may be allocated by the CEO to any
persons for use during performances of the Production. The seats will
be returned to the Box Office for sale on the evening of each
performance of the Production if not required by the CEO.
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15. BOOKING AGENT
15.1 Unless otherwise agreed to between the Parties in writing, the Booking
Agent shall act as the sole booking agent for the Leased Premises and
shall account to both the Lessor and the Lessee on a weekly basis after
every week’s performances have ended and shall make payments to the
Lessor of all advance ticket sales monies less the Booking Agent’s
commission and charges specified in Schedule 1.
15.2 If the Lessee is registered as a VAT vendor, the Booking Agent shall sell
tickets for the Production on the Lessee’s behalf and such tickets shall
display the Lessee’s VAT details.
15.3 The Booking Agent will make no advance of takings under any
circumstances to the Lessee. The Lessor will account to the Lessee on
a weekly basis.
15.4 The fee payable for each complimentary ticket which is issued by the
Booking Agent shall be as specified in Schedule 1.
15.5 Under no circumstances shall the Lessee be entitled to sell any ticket
which it has instructed the Booking Agent to issue as a complimentary
ticket. If tickets issued as complimentary tickets are sold, Lessee shall,
in addition to the charges payable for the issue of complimentary tickets,
be obliged to pay the Booking Agent full commission and booking fees in
respect of such tickets.
15.6 The hourly administration fee specified in Schedule 1 will be charged to
the Lessee for changes to inventory or ticket layout once bookings have
been opened to the public.
15.7 Consignment tickets will be issued by the Booking Agent on request of
the Lessee in accordance with Schedule 1 at a face value of the ticket
prices specified in the Booking Agents Event Information Sheet.
16. MARKETING AND PUBLICITY
16.1 The Lessee shall:
16.1.1 be responsible for and bear all costs of printing of flyers, posters,
newspaper advertising, marketing, promotion and publicity relating to
the Production (“Production Marketing”);
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16.1.2 announce the venue of the Production (being the Leased Premises)
in all promotional and advertising materials;
16.1.3 reproduce and display the Lessor’s corporate identity only in
accordance with the Lessor’s instructions and corporate identity
guide;
16.1.4 contact the Lessor’s Graphic Designer for corporate identity and
approval of any marketing material before printing;
16.1.5 not use the Lessor’s name, trademarks or corporate identity or
undertake any Production Marketing without prior written approval of
the Lessor.
16.2 The Lessor will, after receiving the relevant information regarding the
Production from the Lessee publish such details on its website. The
Lessee shall ensure that all images are submitted to the Lessor as high
resolution images (300dpi) and the media release, including prices and
performance schedule shall be emailed to the Lessor’s Graphic
Designer within 7 (seven) days of signature of this Agreement.
16.3 The Lessor will include all details regarding the production in its monthly
email newsletter and it will send off an sms regarding the Production to
its database should the Lessee require this, provided that the Lessor
shall not be obliged to do so if it would contravene any laws, regulations
or applicable codes of practice as they may from time to time be in effect
or would be contrary the rights or instructions of the persons included in
the database.
16.4 The Lessor will, on receipt of advertising posters (in A1 format) from the
Lessee rig said posters in and around the Building for advertising
purposes, and will also display any fliers regarding the production which
the Lessee may print, as well as any other reasonable advertising
material (e.g. pull up banners).
16.5 Despite any other provision of this Agreement, the Lessor shall be
entitled to require the Lessee to change or cease Production Marketing
in the event that the Lessor deems same to be contrary to the Lessor’s
house rules or corporate identity guide.
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16.6 The Lessee shall display the Lessor’s trademarks and branding in all
marketing material relating to the Production in such manner as may be
specified by the Lessor from time to time.
17. THE LESSEE’S OBLIGATIONS
17.1 The Lessee shall:
17.1.1 provide and/or bear the cost of all additional personnel as may be
necessary to perform in, operate and manage the Production;
17.1.2 facilitate the appointment of follow spotters on request and the cost
will be for the Lessee’s account;
17.1.3 provide a suitable sound engineer for the production, should a sound
mix be required;
17.1.4 provide and or bear the cost of all additional sound equipment,
technicians and operators as required;
17.1.5 provide a suitable lighting designer and stage manager for the
production;
17.1.6 provide all additional lighting equipment as required;
17.1.7 bear the costs of all miscellaneous items used during the set-up and
running of the Production;
17.1.8 bear the costs of all publicity and marketing associated with the
production, including programmes, posters and other publicity
material;
17.1.9 bear the costs of all Booking Agent’s service charges, including
commissions and credit card commissions;
17.1.10 include a copy of the SAST credits list in any programme printed for
the Production;
17.1.11 provide 2 copies of the Production programme for the Lessor’s
archives;
17.1.12 adhere to the provisions of all applicable laws and regulations, and
shall not in any way interfere with, hinder, obstruct, impede, or be a
nuisance to any of the other users of the Lessor’s facilities, or cause
or permit the obstruction or blockage of sewer pipes, water pipes,
and drains in use in connection with the Building. In particular, the
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Lessee shall comply with all the Lessor’s health and safety rules and
requirements and will report matters of issue in regard to
occupational health and safety to the Lessor.
17.2 The Lessee shall not:
17.2.1 close off any streets or pedestrian walkways within or outside the
Building, and shall at all times ensure that all streets and walkways
are kept open for normal and pedestrian traffic. The Lessee shall
liaise with the local authorities if such closures are required and
obtain all necessary approvals and bear all costs and expenses in
that regard;
17.2.2 cause any sound or noise which is to the detriment of other users or
occupants of the Building;
17.2.3 affix anything to the structure of the Building, or deface or damage
the inside or outside of the Building or any part thereof;
17.2.4 paint or construct (save by way of components approved in advance
by the Lessor) any object or structure inside the Building, which will in
any event comply with the Occupational, Health and Safety Act of
1993, as amended;
17.2.5 suspend any object from any ceiling or roof construction within the
Building, unless approved by the Lessor beforehand;
17.2.6 tamper with or make any changes or additions to any electrical,
plumbing, or other technical installations, provided that, where
approved by the Lessor, temporary electrical installations must be
provided by approved electrical contractors and must comply with the
Lessor’s electrical regulations;
17.2.7 bring any article into or upon any structure within the Building which
may exceed the floor loading limits thereof;
17.2.8 allow the washing or cleaning of any plant, equipment or object, save
only within a specific washing or cleaning area or other facility
intended for such purpose;
17.2.9 bring any hazardous substance, article or equipment near or into the
Building;
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17.2.10 connect any computer hardware or software to the Lessor’s network
without the prior written approval of the Lessor. All such equipment
will be subject to virus screening;
17.2.11 not do anything which may bring the Lessor, the Building or the
Leased Premises into disrepute or cause the Lessor to suffer harm;
and
17.2.12 admit persons to the Leased Premises, which may exceed any
maximum capacity as may have been stipulated in Schedule 1.
18. PERFORMANCE RIGHTS
18.1 The Lessee is responsible for obtaining all permissions and licences for
the Production and its staging from SAMRO/DALRO and all other
applicable collection societies and persons prior to the start of the
Production, and the Lessee shall bear all costs, fees and expenses in
this regard.
18.2 The Lessor may at any time during the term of this Agreement request
proof that the Licensee has complied with the provisions of clause 18
and the Lessor shall be entitled to terminate this Agreement if any
licences or permissions have not been obtained or related payments
have not been made.
18.3 The Lessee hereby indemnifies and holds the Lessor harmless against
any and all liability, claims, penalties, costs, expenses (including legal
fees) that may be made against or incurred by the Lessor arising out of
or relating to the Lessee’s failure to comply with the provisions of clause
18 or the Lessee or the Production infringing on the rights of any third
party.
19. CATERING
19.1 It is recorded that the Lessee shall not be permitted to make use of
outside caterers for food and beverages. The Lessee shall be obliged to
make all necessary arrangements for food and beverages directly with
the Lessor’s in-house caterers.
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19.2 The Lessor shall procure that its front-of-house department shall operate
a cash bar for one hour before each performance of the Production and
during each interval of the Production. The Lessor shall have the final
discretion regarding the items that will be offered for sale by the cash
bar.
19.3 The Lessee shall procure that none of its personnel, employees, agents,
contractors or invitees bring alcohol into the Building.
20. INSURANCE
The Lessee is responsible for the insurance of all equipment and other
goods (including props, costumes and décor) brought into the Building or
Leased Premises by or on behalf of the Lessee, its personnel, contractors,
agents or invitees. This includes all props, costumes, décor and equipment
belonging to the Lessor that is used by the Lessee. Furthermore, the Lessee
is responsible for public liability insurance which must be sufficient,
considering the expected audience number.
21. FILMING AND VIDEO RECORDING
21.1 If the Lessee wishes to record the production on DVD, film or video, the
Lessee shall request in writing permission from the Lessor to make such
a recording. The Lessor shall not unreasonably refuse such request.
21.2 If required, seats can be identified in the auditorium for camera locations
and these seats frozen for the performance/s to be recorded.
21.3 A full list of all personnel assisting the Lessee with any recordings is
required by the Lessor at least 48 (forty eight) hours before the
recording is due to take place.
22. SMOKING / REFRESHMENTS IN THE AUDITORIUM / STAGE
22.1 The Lessee notes that the SAST is a Smoke Free Building. Smoking is
not permitted in any area of the building except in designated areas.
22.2 No unapproved food or beverages may be taken into or consumed in the
Leased Premises.
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23. ELECTRICAL INSTALLATIONS
23.1 The Lessee is responsible for ensuring that all electrical equipment and
portable display stands brought onto the premises of the Lessor must
comply with the requirements of the Machinery and Occupational Safety
Act 1983, SABS 0142 Code and the Lessor’s policies and instructions
relating to electrical equipment.
23.2 Any equipment that does not meet these requirements or is otherwise
judged to be unsafe will be electrically disconnected.
23.3 The Lessee shall ensure that all plugs and other power points are not
overloaded or create a fire or other health risk or hazard in the Leased
premises and any damage of whatsoever nature, to the plugs or power
points shall be repaired at the Lessees expense.
24. BRANDING, SIGN POSTING AND FOYER DISPLAYS
24.1 The Lessee shall inform the Lessor of and provide the Lessor in
advance with all branding, sign posting and foyer displays connected
with the Production which must be approved by the Lessor before being
displayed.
24.2 The Lessor shall specify where and how these items may be presented
within the Leased Premises, Building and foyers and reserves the right
to remove any items placed in areas that have not been agreed to in
advance. Signage may not be affixed to any areas where damage could
occur.
25. FIRE, EMERGENCY EXISTS AND SECURITY
25.1 The Lessee agrees to comply with the Lessors security and fire
protection regulations and policies and undertakes to secure compliance
therewith by its employees, contractors, agents and servants.
25.2 Under no circumstances may fire and emergency exits be blocked, or
doors locked.
25.3 The Lessor’s personnel working on this Production have final authority
to insist that furnishings, décor and branding used by the Lessee be
relocated to ensure a free flow of traffic through all exit points.
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26. PERSONNEL
26.1 The Lessee shall advise the Lessor in writing of all persons who shall be
assisting with or involved in this Production.
26.2 The Lessor’s Security Department have strict instructions not to allow
anyone, other than those directly involved with the Production, into the
backstage areas.
26.3 The Lessor reserves the right to refuse a person admission to the
Building or Premises.
27. NON-SOLICITATION
The Lessee shall not use the services of the Lessor’s personnel or staff
without the Lessor’s prior written consent. If the Lessee wishes to make use
of their services, the Lessee shall pay the Lessor for the use of such
services in accordance with the Lessor’s rates from time to time.
28. LIMITATION OF LIABILITY
28.1 To the extent permitted by law and unless section 61 of the CPA is
applicable, the Lessee shall have no claim of any nature whatsoever
and howsoever caused against the Lessor:
28.1.1 in respect of any interruption in the supply of water, electricity or any
other service to the Building or Leased Premises, unless attributable
to gross negligence by the Lessor;
28.1.2 relating to fire or theft or any latent or patent defects in the Leased
Premises or Building;
28.1.3 arising from, vis major, force majeure, causes fortuitous or any other
cause either wholly or partly beyond the Lessor’s control;
28.1.4 for indirect damage, consequential damages or loss of profits
howsoever caused unless such is occasioned by the gross
negligence of the Lessor;
28.1.5 for any loss, accident, injury or damages suffered or incurred, directly
or indirectly, by the Lessee, its officers, servants, agents, contractor
or invitees or the goods or property of any of the aforesaid
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howsoever caused, unless attributable to gross negligence by the
Lessor; or
28.1.6 in respect of any damage caused to the Lessee’s property
equipment, installations, furniture, books, papers or other articles
kept in the Building or Leased Premises, unless attributable to gross
negligence by the Lessor.
28.2 To the extent permitted by law, the Lessee hereby indemnifies the
Lessor and holds it harmless against all liability (especially all public
liability), damages, claims, expenses, costs and penalties incurred by
the Lessor arising out of or connected with the Lessee’s lease or
occupation of the Leased Premises, unless such claims are attributable
to the gross negligence of the Lessor.
28.3 The Lessor shall not be liable or responsible to the Lessee for any claim,
damage or loss caused to any person or property unless such claim,
damage or loss was a direct result of the gross negligence or wilful
default of the Lessor.
28.4 The Lessee shall be responsible for the safekeeping, storage, use or
otherwise of any property brought into the Building. Property belonging
to the Lessee or a third party shall be brought into and removed from the
Building at own risk. Such property shall not be insured by the Lessor.
28.5 It is incumbent on the Lessee to cover all personnel contracted by the
Lessee for the Production under the South African Department of
Labour Compensation for Occupational Injuries and Diseases Act.
29. FORCE MAJEURE
29.1 The Lessor may postpone or cancel any bookings for the Production
and forthwith terminate the Agreement, without liability, in the event of
any damage to or destruction of the Leased Premises by fire or other
cause, shortage of labour, strikes, lockouts, industrial unrest,
unavailability of electricity or other utilities, or restrictions or any other
circumstances beyond the control of the Lessor, which shall prevent the
Lessor from performing its obligation in terms of this Agreement.
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29.2 In the event of the Agreement terminating under the circumstances
stated in paragraph 29.1 above, the Lessee will be repaid all Rental paid
under the Agreement by the Lessee at such time, subject to the
deduction of an amount equal to the sum of all costs incurred by the
Lessor up to the date of termination, and that part of the Rental
attributable to the part of the lease period that lapsed prior to such
termination.
29.3 Should the Leased Premises be damaged, but nevertheless remain
substantially useable in the sole opinion of the Lessee, then this
Agreement will not terminate, but the Lessee will be entitled to a refund,
pro rata, of the consideration paid, having regard to the extent to which
the Lessee is deprived of full beneficial use and occupation of the
Leased Premises.
30. AIR CONDITIONING / LIGHTING AND MACHINERY SUPPLY
30.1 The air-conditioning, lighting and machinery units of the Leased
Premises are sufficiently maintained and regularly inspected.
30.2 If the air-conditioning, lighting, machinery, system or power supply of the
Leased Premises does not function accurately or is not in perfect
working order, and as result the Production is cancelled or the attendees
are affected in any way, the Lessee agrees that it shall not hold the
Lessor liable and or accountable for any damage caused, including loss
of profit, as a result of the air-conditioning, lighting, machinery unit,
supply or system not functioning properly.
30.3 In the event that the Building or Leased Premises suffers a power
failure, the Lessor shall not be required to make back up power supply
available to the Leased Premises and the Lessee shall have no
recourse against the Lessor in respect of such power failure.
31. GENERAL CONDITIONS AND HOUSE RULES
31.1 The Lessee agrees to abide by the Lessor’s House Rules relating to the
use of the Lease Premises.
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31.2 If any rules are in conflict with those set out in this Agreement, this
Agreement shall take precedence.
31.3 All elements of the Production are subject to a safety inspection by the
Lessor, who reserves the right to prohibit / terminate the use of any
element of the Production that poses a safety risk in any manner.
31.4 The Lessor reserves the right to use and let the Building to other
persons and for other events during the run of this Production, provided
that such use or events shall not encroach upon or interfere with the
Production.
32. COMMUNICATION WITH LESSOR
32.1 The Lessee shall only communicate with the Lessor through the Project
Contact specified in Schedule 1.
32.2 No representation or communication made by any person relating to the
Lessor, the lease of the Leased Premises or this Agreement shall be
binding on the Lessor unless such person has been duly authorised by
the Lessor.
33. DAMAGE TO OR LOSS OF PROPERTY
33.1 The Lessee shall ensure that the Leased Premises are used by its
personnel, contractors and agents in such a way that it is at all times
maintained in a clean, tidy and safe condition. In the event that the
Leased Premises are returned to the Lessor in an unclean or untidy
condition, the Lessor reserves the right to have the Leased Premises
cleaned and the Lessee shall pay the Lessor all costs incurred by the
Lessor in this regard.
33.2 The Lessee shall be responsible and liable for any damage caused to
the Leased Premises or damage to or loss of the furnishings, utensils
and equipment therein or to any other property of the Lessor, by any act,
default or neglect of the Lessee or guests, servants, agents or
subcontractors of the Lessee, and shall pay to the Lessor, on demand,
the amount required to make good or remedy such damage or loss.
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34. GOVERNING LAW
The entire provisions of this Agreement shall be governed by and construed
in accordance with the laws of the Republic of South Africa. If any clause in
this Agreement is found to be in contradiction with a governing law, the
provisions of the governing law shall take precedence. Furthermore, the
Parties hereto hereby irrevocably and unconditionally consent to the nonexclusive jurisdiction of the North Gauteng High Court, Pretoria in regard to
all matters arising from this Agreement.
35. BREACH
35.1 Should either Party (“Defaulting Party”) commit a breach of any of the
provisions hereof, then the other Party (“Aggrieved Party”) shall, if it
wishes to enforce its rights hereunder, be obliged to give the Defaulting
Party 5 (five) Business Days written notice to remedy the breach. If the
Defaulting Party fails to comply with such notice, the Aggrieved Party
shall be entitled to cancel this Agreement against the Defaulting Party or
to claim immediate payment and/or performance by the Defaulting Party
of all of the Defaulting Party’s obligations whether or not the due date for
payment and/or performance shall have arrived, in either event without
prejudice to the Aggrieved Party’s rights to claim damages. The
foregoing is without prejudice to such other rights as the Aggrieved Party
may have at law; provided always that, subject to the provisions of
clause 35.2, the Aggrieved Party shall not be entitled to cancel this
Agreement, for any breach by the Defaulting Party unless such breach is
a material breach going to the root of this Agreement and is incapable of
being remedied by a payment in money, or if it is capable of being
remedied by a payment in money, the Defaulting Party fails to pay the
amount concerned within 5 (five) Business Days after such amount has
been determined.
35.2 Notwithstanding the provisions of clause 35, the Lessor shall be entitled,
without prejudice to its rights in terms of this Agreement or at law, to
terminate this Agreement immediately by giving written notice to the
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Theatre Lease Agreement 20200713 Initial
Lessee in the event that the Lessee fails to make payment of any Rental
or other amount payable under this Agreement on due date.
36. DOMICILE
36.1 The parties choose domicilum citandi et executandi at their respective
addresses as set out below, at which addresses all notices and legal
process in relation to this Agreement or any action arising therefrom
may be effectually delivered and served.
36.1.1 The Lessor:
320 Pretorius Street, Pretoria
Email: Shiraz@statetheatre.co.za
Attention: Shiraz Ahmed
36.1.2 The Lessee:
as per schedule 1
36.2 Any notice given by one of the parties to the other (“the addressee”)
which:
36.2.1 is delivered by hand to the addressee’s domicilium citandi et
executandi shall be presumed, until the contrary is proved, to have
been received by the addressee on the date of delivery; or
36.2.2 is posted by prepaid registered post from an address within the
Republic of South Africa to the addressee at the addressee’s
domicilium citandi et executandi shall be presumed, until the contrary
is proved, to have been received by the addressee on the 5th (Fifth)
calendar day after the date of posting.
36.3 Either party shall be entitled, on written notice to the other, to change the
address of his domicilium citandi et executandi.
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37. RETURN OF CONTRACT
The Lessee is responsible for ensuring that a copy of this contract is
returned, duly signed and witnessed, to the SAST Events and Bookings
Department within 7 (seven) business days of being issued by the Lessor,
failing which this contract shall be null and void and the Lessee’s booking
cancelled.
38. SUB-LETTING / NO CESSION
The Lessee shall not sub-let the Leased Premises or cede or assign its
rights or obligations under this Agreement without the Lessor’s prior written
consent.
39. GENERAL
39.1 This document incorporates the entire agreement between the Lessor
and the Lessee and no alteration, cancellation or variation hereof shall
be of any force or effect unless it is reduced to writing and signed by
both the Lessor and the Lessee who hereby acknowledge that no
representations or warranties have been made by either the Lessor or
the Lessee, nor are there understandings or terms of Lease other than
those set out herein.
39.2 No relaxation or indulgence which the Lessor may show to the Lessee
shall in any way prejudice its rights hereunder and, in particular, no
acceptance by the Lessor of rent after due date (whether on one or
more occasions) nor any other act or omission by the Lessor including
without limitation, the rendering of accounts after due date, shall
preclude or estop it from exercising any rights enjoyed by it hereunder
by reason of any subsequent payment not being made strictly on due
date.
39.3 Wherever in this Agreement or any annexure thereto provision is made
for the furnishing of a certificate or for a decision to be made by the
architect or auditor mutually appointed by the parties, then and in such
event such architect or auditor shall act as an expert and not as an
arbitrator and it shall be an express provision that cost associated with
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Theatre Lease Agreement 20200713 Initial
the above will be borne by the parties in equal shares unless otherwise
directed by the expert.
39.4 It is a further special condition that this Agreement shall only have effect
and become binding upon the Lessor if, and when, the same shall have
been executed and signed by the Lessor, failing which the Lessee shall
not have the right to claim the existence of an Agreement from the
Lessor, whether verbal or otherwise, by reason of negotiation having
been conducted or concluded in regard thereto or by reason of this
Agreement having been drafted or executed by the Lessee only.
39.5 Each clause, sub-clause, paragraph and sub-paragraph of this
Agreement is severable from each other. In the event of one or more
clauses, sub-clauses, paragraphs and / or sub-paragraphs of this
Agreement being found to be unlawful or in any other way being void or
voidable and unenforceable, this shall not in any way effect the
remainder of the Agreement and in particular the validity and
enforceability of the remainder of the Agreement.
39.6 All Personal Information exchanged between the Parties shall be
handled in accordance with the SAST Manual on the PROTECTION OF
PERSONAL INFORMATION ACT 4 OF 2013 (POPIA), especially all
information shall be processed solely for the purpose to give effect to
this Agreement and fulfil the obligations contained herein. The Parties
signing this Agreement provide their Consent to processing their
Personal Information accordingly.
40. CORRUPT ACTIVITIES
40.1 The Lessee acknowledges that the Lessor has a policy of zero tolerance
towards corrupt activities. The Lessee hereby agrees to report any
knowledge of any corrupt activities involving the Lessor or any of its
employees in respect of this Agreement to the Lessor for the attention of
the Lessor’s Chief Executive Officer and agrees that if the Lessee is
found at any time to have been a party to any act of corruption involving
the Lessor or any of its employees, or any attempt to commit a corrupt
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act (as defined in the Prevention and Combating of Corrupt activities Act
No. 12 of 2004, as amended) with the Lessor or any of its employees,
that in addition to such relief available elsewhere in this Agreement or at
law, the Lessor shall upon notice in writing to the Lessee, immediately
terminate this Agreement without resort to the breach clause of this
Agreement. The rights and obligations set out in this clause shall apply
mutatis mutandis to the Lessee.
40.2 The Lessee may choose to report any corrupt activities involving the
Lessor to the following:
40.2.1 The Public Service Commission National anti-fraud hotline on
0800701701
41. COVID-19
Use of the Leased Premises, including the entering into of this agreement, is subject to the
prevailing National Lockdown Regulations and the associated Directions issued by the
various National Departments.
41.1 While the Lessor has undertaken measures to comply with the National
Lockdown Regulations, the Lessor does not confirm that the Leased
Premises meets the criteria governing facilities under the National
Lockdown Regulations.
41.2 Use of the Leased Premises, and access to the Lessors Premises, is at
own risk. The Lessee expressly agrees to hold the Lessor harmless from
any Covid-19 related claim that may arise.
41.3 Use of the Leased Premises is subject to the prevailing National
Lockdown Regulations, which may allow for live performances or
staging a production to record it for broadcast, online streaming or other
digital distribution.
41.4 Audience, guests or visitors are allowed subject to the prevailing
National Lockdown Regulations.
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41.5 The Production shall be organised and executed in compliance with the
Directions issued by the Minister or Sport, Arts and Culture. Such
Directions are Gazetted and non-compliance may result in punitive
measures being enforced by the Department of Sport, Arts and Culture
or any of its agents. The Lessee holds the Lessor harmless for any
incident of non-compliance.
41.6 The Lessee must comply with the Lessor’s Covid-19 Health, Safety and
Security Plan.
41.7 Should the Lessee or any of its employees, contractors and agents that
access the Leased Premises test positive for Covid-19, the Lessee must
immediately inform the Lessor and within 24-hours of becoming aware
of the infection arrange at own cost to deep-clean and disinfect the
Leased Premises. Should the Lessee fail to do this, then the Lessor may
arrange for a Service Provider to undertake the deep-cleaning and
disinfection process for which the Lessee agrees to pay the Lessor in full
on presentation of an invoice.
41.8 Should the Lessor discover any case of Covid-19 infection in the
Lessors Premises, then the Lessor may close the Leased Premises for
deep-cleaning and disinfection. This may affect the lease period and
cause the Production to be delayed or in extreme instances rescheduled
until the Leased Premises has been cleaned.
41.9 In the event that the scheduled performance(s) cannot continue due to
any Covid-19 related cause, including, inter-alia; the National Lockdown
Regulations, any incident of infection, deep cleaning, etc. then the
Parties agree to meet and negotiate alternative dates for the
performance(s) to be rescheduled to.
41.10 The global response to Covid-19 is ever changing as the pandemic
develops and spreads. The Lessor may elect to implement any new
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measures not mentioned in this Agreement and will do so in consultation
with the Lessee.
42. ATTESTATION
The Parties hereby acknowledge and duly accept the full content of this Agreement by
appending their signatures hereto as follows:
The South African State Theatre
SIGNED at ___________________ on this the day of _____________ 20__.
________________________ Mr Aubrey Sekhabi
Signed for and behalf of the Artistic Director
South African State Theatre (Who warrants his authority hereto)
________________________ Ms Santa Viljoen
Signed for and behalf of the Chief Financial Officer
South African State Theatre (Who warrants his authority hereto)
________________________ Dr Sibongiseni Mkhize
Signed for and behalf of the Chief Executive Officer
South African State Theatre (Who warrants his authority hereto)
Witness______________________ Witness______________________
Name________________________ Name________________________
SAST Finance Manager SAST Events & Bookings
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The Lessee
This Agreement must be signed by the Lessee and returned to SAST within seven (7)
calendar days of it being provided by SAST. Failure to do so may invalidate this
Agreement.
SIGNED at ___________________ on this the day of _____________ 20__.
________________________
Name
________________________
Capacity
________________________ (Who warrants his authority hereto *)
Signed for and behalf of the
The Lessee Specified In The
Transaction Schedule
________________________
Name
________________________
Capacity
________________________ (Who warrants his authority hereto *)
Signed for and behalf of the
The Lessee Specified In The
Transaction Schedule
* Submit certified ID copy together with letter of authority and certified copy of company registration
documents.
(All certified copies must be certified within 3 (three) months of signature of this Agreement and must reflect
the full names, surname and signature of the person certifying it as well the persons professional practice
number (in the case of an Auditor or Accounting Officer) or the SAPS Force number.)
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SCHEDULE “1”
The Lessor’s Project Contact is as follows:
Name
Andries Baloyi
Contact Number
012 392 4195
Email Address
andries@statetheatre.co.za
1 Lessee’s Details
1.1 Registered Company Name OR Individuals Full Names
1.2 Company Registration OR Individual’s ID Number
1.3 Bank Account Details must be submitted on a stamped original (scan, fax,
email copies are not acceptable) bank letter.
1.4(a) Physical Address (Domicile) 1.4 (b) Postal Address

Postal Code Postal Code
1.5 Telephone Number
Not indicated
1.6 Facsimile Number
Not indicated
1.7 Cellphone Number
1.8 Email Address
1.9 Authorised Representative
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Theatre Lease Agreement 20200713 Initial
1.10 Production Project Coordinator
1.11 Coordinator Cellphone Number
2 Production Details
2.1 Title
Synopsis:
2.2 Age Restriction
2.3 Leased Premises (Theatre) and Capacity
THEATRE
CAPACITY (subject to Covid-19 National
Lockdown Regulations)
Opera 1,300
Drama 640
Arena 288
Rendezvous 268
Sibusiso Khwinana 120
Intimate 110
2.4 Get-in Date
2.5 Move-out Date
2.6 Performance Schedule (List All Performances by Date and Time). Theatre doors
open 15 minutes before and close 15 minutes after performances.
2.7 Interval Time and Duration (If Any)
20 minutes
2.8 Technical Theatre Staff Requirements
Sound tech, Lighting tech, Stage Crew, Mechanist.
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2.9 Equipment Requirements
Lighting and Sound.
2.10 Front of House Requirements
Cash bar
2.11 Tickets
Will Tickets be Sold? (If Yes, please
provide ticket pricing below) Yes
Ticket Prices
Must Complimentary Tickets be
issued? (If Yes, please indicate
number of Complimentary tickets to be
issued below.)
NB: Where tickets are not sold,
Complimentary tickets will be
issued for the full number of seats
in the theatre. This cost will be
added to the rental costs.
Yes
Number of Complimentary tickets
Are Consignment Tickets required? (If
Yes, please indicate number of
Consignment tickets to be issued
below.)
No
Number of Consignment tickets n/a
3 Rental Amount
Theatre Rental R51,589.56 (R60,693.60 less 15% covid-19 discount)
Complimentary Tickets R46.00 (R1.15ea x 40)
Total R51,635.56
4 Commission Payable to Lessor
8% (eight percent)
5 Commission and Fees Payable to Booking Agent
Commission As per prevailing Ticketing Agent Rates.
Bank Card Fees
As per prevailing Ticketing Agent Rates.
Ticket Inventory Administration Fee As per prevailing Ticketing Agent Rates.
Cancellation Fees
If a performance is cancelled, the amount
due by the Lessee as a Cancellation Fee
shall be:
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▪ the full Commission on all tickets sold at
the time;
▪ the Complimentary Ticket fee on all
complimentary tickets issued;
▪ the Consignment Ticket fee on all
consignment tickets issued;
▪ the Inventory Administration fee;
▪ the Bank Card fees; and
▪ all other accumulated charges and fees
that may be applicable.
6 Complimentary Tickets Fees and Restrictions
Complimentary Tickets Fee (per
ticket)
As per prevailing Ticketing Agent Rates.
Restriction on maximum number of
Complimentary Tickets that may be
issued.
<15% (Less than fifteen percent of Venue
capacity)
7 Consignment Tickets Fees and Restrictions
Consignment Tickets Fee (Per ticket) As per prevailing Ticketing Agent Rates.
Restriction on maximum number of
Consignment Tickets that may be
issued.
<15% (Less than fifteen percent of Venue
capacity)
This limit may be negotiated on booking of the
theatre and will be considered based on the
Production.
8 House Seats
THEATRE NUMBER OF SEATS SEAT NUMBERS
Opera 16 SA1-SA10 and N25-N30
Drama 6 N25-N30
Arena 4 TBA
Rendezvous 4 TBA
Sibusiso Khwinana 4 TBA
Intimate 4 TBA
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ANNEXURE “A”
SAST OnSet Magazine Programme
SAST has introduced a new digital magazine programme, namely OnSet,
focusing on discussing the creative work involved in developing and
presenting a production. The Producer/Director of a production is
interviewed on the set of the production in the SAST theatre where it is
being presented. Together with the Producer and or Director, other
members of the creative team must be available to be interviewed about
the production. Interviews will be held once the production opens and the
SAST team has had an opportunity to watch it. The Producer/Director must
provide the following in preparation for the interview:
• synopsis/script of the production
• biographies of the members to be interviewed
Interviews are filmed and will be broadcast free to watch on the SAST
YouTube Channel, as part of the SAST marketing and advertising
programme to promote the production, SAST and the creative team of the
production. There is no remuneration due to the Producer/Director or the
creative team for participation in OnSet.
Interviews are conducted by the OnSet Host who is an Independent
Contractor to SAST that is responsible to compile interview questions,
conduct the interview and present OnSet. The Host may also choose to
write independent reviews about the Production on other platforms.
The Producer/Director of the Production is responsible to secure
participation of the creative team and related consent. By concluding this
Agreement, the Producer/Director expressly consents, including on behalf
of the creative team, to participate in OnSet and for the related content to
be broadcast for promotional purposes.