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Rental Guidelines

  1. The rules and policies listed here are necessary for the safety of all persons in the Theater and for the protection of the Theater facilities.

  2. Renter is responsible for the enforcement of the terms, rules, and policies of the Rental Contract, and for actions of all persons associated with Renter’s use of the Theater, including Renter’s officers, directors, agents, employees, volunteers, performers, presenters, crew members, audience members, and event participants.

  3. Starbright provides the Theater with 142 seats, stage, dressing rooms, and foyer (hereafter collectively referred to as “Venue”) for the dates and times (hereafter referred to as “Rental Period”) specified in the Rental Schedule. Renter will have the use of Theater only during the Rental Period and only for the agreed upon types of use.

  4. Renter will have the use of Equipment only during the days and times specified in the Rental Schedule.

  5. The deposit is due at the time of signing of the Rental Contract. Starbright may apply this deposit to cover rental time overages, excessive cleaning costs, or any other unexpected fees incurred, but not otherwise paid by the Renter. If not used, the deposit will be returned to Renter within 30 calendar days after the end of the Rental Period. If the Renter cancels the rental less than 90 calendar days prior to the start of the Rental Period, the deposit will not be refunded.

  6. If a deposit refund check is issued, it shall be made payable to the Renter and can be mailed to the Renter upon request. Starbright will not issue or mail a deposit refund check to anybody other than the Renter.

  7. Renter agrees to pay Starbright fees for the Venue rental, labor, materials and equipment provided by Starbright as specified in the Fees and Due Dates.

  8. Starbright makes no warranties, comments, or judgments regarding whether Theater, Theater’s facilities and equipment, or any additional equipment brought in by Starbright at the Renter’s request, or Starbright’s employees, or Starbright’s contractors will be suitable for, or fulfil the artistic requirements of, or match the design direction, or fulfil the technical requirements, or meet the needs of the Renter. Starbright assumes no responsibility for, and makes no guarantees regarding meeting or fulfilling, in whole or in part, the Renter’s design, business, production, technical or artistic goals. Renter confirms that he has examined the Theater, Theater’s facilities and equipment, and agrees that they meet the Renter’s needs.

  9. Renter shall not have access to, enter, or use any areas of the building not explicitly included in this Contract. Renter shall not have access to classrooms, hallways leading to classrooms, or areas occupied by students Monday-Friday, 7:30am-6:30pm (hereafter referred to as “School Hours”). Renter, Renter’s officers, directors, agents, employees, volunteers, performers, presenters, crew members, audience members, and event participants shall not interfere with any school operations during School Hours. Renter agrees that as a matter of law, Renter, Renter’s officers, directors, agents, employees, volunteers, performers, presenters, crew members, audience members, and event participants are not allowed to have any contact with students.

  10. All additional personnel, services and equipment not prepaid by the Renter will be billed to the Renter following the Rental Period. Personnel, services and equipment that are not part of the Rental Contract will be quoted by Starbright at the Renter’s request. Renter agrees to pay all charges within 30 calendar days of invoice.

  11. The Renter may request to extend the run of any show for additional days. If the Renter notifies Starbright of the potential additional days, Starbright shall tentatively reserve those dates for the Renter without requiring any prepayment. If Starbright receives a request for said dates from another client, then Starbright shall notify the Renter and give the Renter the right of first refusal for said dates. Within 3 calendar days of receiving such notification from Starbright, the Renter may exercise the option of booking said dates and incorporating them into the scope of this Contract, or releasing said dates.

  12. Renter shall notify Starbright in writing of any cancellations, additions, changes of dates, times, services, equipment, or types of use, at least 60 calendar days in advance of the date affected by the change. In the event the Renter cancels any date, time, service or equipment in the Rental Period without providing Starbright with a written notice at least 60 calendar days prior to said date, Renter agrees to pay Starbright all fees for said date, time, service and equipment.

  13. Rental time and labor are billed in whole hours only. Any portion of an hour used will be charged as a whole hour.

  14. Any day during which an event is attended by an audience or recorded, is deemed a Performance Day. All hours used on a Performance Day are charged at the Performance Day rate.

  15. Starbright shall provide a Sound/Lighting Technician on those dates when the lighting and sound systems are in use. Renter is responsible for staffing the front of house, box office, and security. 

  16. Renter shall provide to Starbright, in writing, the event’s logistics and technical needs no later than 15 calendar days prior to the start of the Rental Period. If the Renter has a Technical Rider, or the Renter’s performers or presenters have provided Renter with a Technical Rider, or other description of their needs, then the Renter shall provide a copy of said Technical Rider to Starbright no later than 15 calendar days prior to the start of the Rental Period. Starbright does not guarantee that all logistical or technical requirements can be met. Starbright shall discuss with Renter all logistical and technical needs and upon Renter’s request provide an estimate of the costs associated with meeting said requirements.

  17. Starbright shall determine which staff and crew are required to adequately and safely support the Renter’s event, which may include personnel required for hanging, moving or focusing lights, programming cues, programming show control, setting up or operating additional sound equipment (beyond the standard sound system included in the Theater), scenery changes, rigging, operating followspots, operating video cameras, or other technical requirements. Upon Renter’s request, Starbright may assist the Renter in hiring the required staff and crew. Renter shall make arrangements with Starbright at least 15 calendar days in advance for any additional personnel. The Renter shall be responsible for all labor costs. Renter shall only provide such personnel who possess the skill and experience to safely perform their duties at the Theater. In the event the Renter is providing any personnel, Starbright shall have the right to disqualify any personnel, if in Starbright’s determination said personnel does not possess the skill and experience to safely work at the Theater or safely use Theater’s equipment. Renter agrees to fully indemnify Starbright and its officers, directors, agents, employees and volunteers, and any other party associated with Starbright, of any liability stemming or arising from Renter, Renter’s staff or crew, or third party.

  18. Renter must provide one person to serve as the Stage Manager, whose responsibilities shall include interfacing with performers, controlling stage activities before and during the event, and communicating from backstage to the control booth, so that the program can begin on time and run smoothly.

  19. If the event includes an audience of more than 10 people, then Renter must provide one person to serve as the House Manager. This person must be at least 18 years old. The House Manager responsibilities shall include opening the theater front doors to allow the audience to enter at the start of the event; overseeing the audience as they enter the foyer and the auditorium; assisting audience members in finding their seats; performing any necessary audience control duties to ensure orderly conduct in the foyer and in the auditorium; managing the audience as they exit the auditorium during any intermissions and after the end of the event; and communicating to the Stage Manager and to the control booth regarding the readiness to begin the performance. When the theater front doors are unlocked, the House Manager is personally responsible for watching the front doors and shall not leave the front doors unattended.

  20. If the event includes an audience of more than 20 people, then Renter must provide an usher or ushers to assist the House Manager in seating the audience and controlling the crowd. A minimum of one usher is required for an audience of 20 to 70 people, and a minimum of two ushers are required for an audience of more than 70 people.

  21. Renter’s designated Stage Manager and House Manager must attend a short safety briefing conducted by Starbright. This briefing typically takes place 15 minutes prior to the start of the Rental Period.

  22. All activities involving children and young adults must be supervised by responsible adults as follows: one adult supervisor for every eight children ages six and older (1:8 ratio) and one adult supervisor for every six children under the age of six (1:6 ratio).

  23. Renter agrees to provide a certificate for one million dollars worth of liability insurance to cover any injury, loss or damages caused by the negligence of Renter for the duration of the Contract.  This certificate must list as additional insured: Starbright School, Inc., 4645 Albany Drive, San Jose, CA 95129 and must specify the address of the facilities in use as 1770 W. Campbell Ave, Campbell, CA 95008. This certificate must be secured and a copy provided to Starbright no later than 30 calendar days prior to the first rental date.

  24. Renter has examined the Theater prior to the start of the Rental Period and found the Theater to be in good repair and free of damage. This inspection shall include: stage structure, stage floor covering, all drapes (soft goods), audience chairs, floor coverings, wall surfaces, lighting fixtures, restroom fixtures, restroom mirrors. Renter acknowledges the current condition of the Theater at the start of the Rental Period. Renter is responsible for documenting any deficiencies present at the start of the Rental Period, and Starbright is responsible for either signing such documentation to acknowledge the deficiencies, or correcting the deficiencies prior to the start of the Rental Period.

  25. Renter acknowledges that the Theater contains equipment which is sensitive, fragile and can be easily damaged. Renter shall examine the Theater’s equipment prior to the start of the Rental Period to verify that all equipment is in fully working order and in excellent condition. This inspection shall include: lighting equipment, audio equipment, rigging equipment, stage tracks, audio console, lighting control computers, audio computers, microphones, intercoms, and followspots. Renter is responsible for documenting any deficiencies present at the start of the Rental Period, and Starbright is responsible for either signing such documentation to acknowledge the deficiencies, or correcting the deficiencies prior to the start of the Rental Period.

  26. Renter shall not cause damage, through either willful actions or negligence, to any Theater facilities or equipment. Renter agrees that at the end of the Rental Period, the Theater and all equipment shall be returned to Starbright in the same condition as at the start of the Rental Period.

  27. Renter must obtain Starbright’s permission to operate, rearrange, relocate, or tamper with any of Theater’s equipment including lighting, sound, curtains and rigging systems. Misuse of equipment can create serious risks to the safety of personnel and cause expensive damage. Operation or changes must be performed only by authorized personnel.

  28. For safety and insurance requirements, Starbright’s staff must be involved in rigging any items on the stage.

  29. Renter shall be held fully responsible and liable for any damage to Theater facilities or equipment, caused by Renter’s officers, directors, agents, employees, volunteers, performers, crew members, audience members, or event participants. Renter shall, at its sole expense, fully repair any damage to the Theater; fully repair any damaged equipment; or replace the damaged equipment with brand-new equipment. This shall include, but is not limited to: (a) paying for the services of any contractors, technicians or vendors to repair the damage; (b) purchasing new equipment and paying for the installation of new equipment; (c) reimbursing Starbright for time and materials used by Starbright to repair the damage or manage the repair by others; (d) reimbursing Starbright for any losses resulting from the damage. Starbright at its sole discretion shall determine the acceptable method of either repair or replacement, and shall at its sole discretion select the contractors or technicians to repair the damage, vendors to replace the damaged equipment, and acceptable models of replacement equipment.

  30. Renter agrees to keep all areas of the Theater clean and orderly at all times during the Renter’s use of the Theater. Renter agrees to properly dispose of all food, trash and garbage at the end of each rental day. Starbright agrees to clean and restock the restrooms; and empty trash bins.

  31. During setup and rehearsals, only those persons involved with and necessary to the function are permitted in the Theater. Guests and public access is not allowed.

  32. Security cameras are installed in all exterior and interior areas of the Theater, including entry doors, foyer, stage, auditorium, control booth, dressing rooms, storage room, and hallways. The security cameras continuously record video during the entire Rental Period and may be monitored remotely by Starbright. The security camera feeds and video footage is used by Starbright to ensure safety and security of the Theater. Starbright reserves all rights to use security camera feeds and video footage and may provide this video footage to law enforcement, insurance companies, or parties to any dispute, in the event of any incident, safety violation, damage to the Theater, injury, dispute, legal action, claim, violation of any provision of this Contract, or illegal activity. Renter has the right to request that security cameras be turned off in specific areas of the Theater, under the condition that any such areas will not be accessible to the public during the Rental Period. Such requests must be received by Starbright in writing at least 24 hours before the start of the Rental Period. Upon receiving such a request, Starbright shall review the Renter’s request and will notify the Renter if the request can be accomodated. Security cameras in any publicly accessible area cannot be turned off. Renter shall not have any rights to the security camera feeds or video footage and Renter may not request access to the camera feeds or a copy of the footage.

  33. Renter shall never exceed the venue occupancy limit which is designated by the Fire Marshall. Renter shall not at any time remove, block, or obstruct any fire lanes, emergency exits, hallways, emergency egress routes, exit signs, or fire extinguishers. If the Renter modifies the Theater in any way, or installs temporary platforms, stairs, staging, soft goods, scenery or equipment, then the Renter is solely responsible for (a) ensuring that all such temporary installations do not violate building codes or fire regulations; and (b) installing any handrails, exit signs or other safety features as may be required by code. Renter shall comply with all applicable building codes and fire safety regulations. If the Renter’s actions during the Rental Period cause a violation of any codes or regulations; or if the Renter’s actions during the Rental Period cause a fine to be issued to the Renter or to Starbright by any governing authority, then the Renter shall be solely responsible for paying the full amount of any fines issued to Starbright and solely responsible for the full amount of all costs incurred by Starbright to correct any violations.

  34. Renter shall fully comply with applicable federal, state, county and local codes, regulations, and ordinances, including orders issued by the Department of Public Health. Renter is responsible for ensuring that Renter’s officers, directors, agents, employees, volunteers, performers, presenters, crew members, audience members, and event participants comply with applicable federal, state, county and municipal codes, regulations and ordinances, including orders issued by the Department of Public Health. If the Renter’s actions during the Rental Period cause a violation of any codes, regulations, ordinances, or orders; or if the Renter’s actions during the Rental Period cause a fine to be issued to the Renter or to Starbright by any governing authority, then the Renter shall be solely responsible for paying the full amount of any fines issued to Starbright and solely responsible for the full amount of all costs incurred by Starbright to correct any violations.

  35. “Load In” shall be defined as the process by which the Renter brings Renter’s scenery, props, equipment, costumes and other materials into the Theater.

  36. “Load Out” shall be defined as all work necessary to remove all materials brought into the Theater by the Renter during the Rental Period and to restore the Theater to the same condition as at the start of the Rental Period. Renter shall perform the Load Out in full compliance with the instructions provided by Starbright staff onsite during the Load Out. Load Out shall include, but is not limited to the following:  (a) restoring all lighting instruments to their original location, circuit, color and focus; (b) restoring all rigging to its original location, trim, and condition; (c) restoring all soft goods to original location and condition; (d) moving any other equipment to its original locations. As part of Load Out, Renter agrees to remove and properly dispose of all sets and materials brought into the Theater, unless Renter receives specific permission from Starbright to leave certain materials behind. All labor and materials required for Load Out shall be provided by and paid for by the Renter. Load Out shall be deemed completed only once accepted and approved by the Starbright staff onsite during the Load Out. If Renter fails to complete the Load Out in a manner accepted and approved by Starbright, then Starbright will bill Renter for any costs and labor required to complete the Load Out and Renter agrees to pay for any such costs.

  37. Renter agrees to Load In only during the Rental Period and complete the Load Out by the end of the Rental Period.

  38. Renter may place information tables in the lobby and may place publicity information and signage in the lobby, as well as in front of the Theater during the Rental Period only.

  39. Any and all decorations, furniture, equipment, scenery, props, posters, programs, publicity information, signage, food and beverage service items, or any other materials brought to the Theater or installed by the Renter (hereafter collectively referred to as “Materials”) (a) may not damage, permanently alter, stain, or discolor any part of the Theater, building, sidewalk or Kirkwood Shopping Plaza; (b) may not present a danger to the public; (c) may not obstruct pedestrian or vehicle traffic; (d) may not interfere with the daily operations of Starbright or the Kirkwood Shopping Plaza; (e) may not violate any laws, codes or ordinances.

  40. By the end of the Rental Period, the Renter must remove all Materials from the Theater. The Renter must restore the Theater to the same condition as at the start of the Rental Period. Renter shall clean and remove any residue and repair any damage resulting from said Materials. This shall include, but is not limited to: (a) completely remove all adhesive tape or any other mounting hardware or mounting methods; (b) completely clean any adhesive residue on any part of Theater, building, windows, sidewalk; (c) patch all nail holes, screw holes, pin holes or any other holes; (d) touch-up paint in all areas where surfaces have been damaged, stained, scratched, discolored or patched by the installation or removal of Materials.

  41. By the end of the Rental Period, the Renter must place all trash in provided containers or remove it from the Theater. Additional charges apply for storing Renter’s Materials before or after the Rental Period; or for reopening the Theater at a later time or date to clean up or to remove Materials.

  42. Starbright reserves the right, at its sole discretion, to deny the Renter permission to use Materials, or remove any Materials, if at Starbright’s sole determination said Materials violate any conditions of this Contract.

  43. Food, candy, gum, and beverages are not allowed on the stage, unless those items are “props” and required as an integral part of the play. The specific food and beverages must be approved by Starbright in advance. Food or beverage used on stage must not leave any stains or residue on the stage floor or the drapes. Starbright strongly discourages the use of greasy foods and cola drinks. Bottled water is allowed for performers on stage. When the seating system is extended in the “theater seating” configuration, NO FOOD, CANDY, GUM, OR BEVERAGE IS ALLOWED in the audience seating area. Bottled water is allowed inside the auditorium.

  44. THERE IS NO SMOKING PERMITTED ANYWHERE INSIDE, IN FRONT, OR BEHIND THE THEATER AT ANY TIME.

  45. For fire safety reasons, Starbright STRICTLY PROHIBITS the use of any pyrotechnic effects, flash paper, flash pots, squibs, fireworks, sparklers, open or closed flame, candles, lighters, matches, and any other special effects that include any type of flame, explosion, or combustion.

  46. The use of glitter is STRICTLY PROHIBITED. If Renter uses glitter, or allows glitter to be used, in any amount, anywhere in the Theater during the Rental Period, then the Renter agrees to pay Starbright a $10,000 cleaning fee. 

  47. Renter agrees that certain effects or substances may damage, soil, stain, or affect Theater’s facilities, finishes, or equipment; and are difficult, expensive, or impossible to clean or remove from the Theater’s facilities, finishes or equipment. These effects or substances include, but are not limited to (1) confetti, glitter, streamers, confetti-type effects; (2) balloons; (3) sand, mud, grass, soil, pellets, grain, powder; snow, ice, substances consisting of small particles; (4) food, spices, drinks; (5) water, liquids, chemical solutions; (6) paint, primer, paint-type substances; (7) smoke, fog. Renter agrees to fully disclose to Starbright any intent to bring in or utilize such effects or substances, and obtain Starbright’s approval before bringing in or utilizing such effects or substances. In the event such effects or substances damage, soil, stain or affect Theater’s facilities, finishes, or equipment, Renter shall be held fully responsible and liable and shall reimburse Starbright for all cleaning or repairs costs that Starbright, at its sole discretion, deems necessary.

  48. Theater does not have facilities for scenery construction. Ready-made scenery can be assembled on the stage, but construction work which generates sawdust or other debris is not permitted due to fire hazards and excessive cleaning costs.

  49. Renter must not attach any item to any walls, floors, ceilings, or acoustic panels inside the auditorium (audience seating area), on the stage, or in the classrooms (dressing rooms). Renter must obtain approval from Starbright before attaching any item to any building’s surface in the lobby or hallways. Staples, nails or screws may never be used for attachment to any building’s surface.

  50. Samples of event programs and other materials to be distributed to the audience must be provided to Starbright at least 48 hours prior to the event to assure that both Starbright and Renter are operating with the same understanding of the event and related activities.

  51. Renter must provide its own staff and provide its own cash for making change if Renter is selling any merchandise. Starbright will not provide personnel for this task.

  52. All events at the Theater reflect on the Theater's reputation and affect future attendance. The Theater respects its audiences by starting the events at the advertised time and asks the Renter to support that policy. Starting time should not be delayed simply because “more people might be coming” or because of late rehearsals.

  53. Renter must accommodate all wheelchair requirements in designated wheelchair locations (1st row) and may not exceed the maximum auditorium seating capacity of 142. No standing room is allowed. Portable chairs, wheelchairs, strollers, or any other objects may not be placed in any aisle or doorway; and may not obstruct any hallway or exit route. Renter is responsible for discussing their needs with Starbright at least 15 calendar days prior to the start of the Rental Period.

  54. Starbright allows food and beverage services only in the lobby; or in the auditorium when the seating system is completely stowed away. No food or beverages are allowed in the auditorium when the seating system is extended into the “theater seating” configuration. If the Renter wishes to provide any food or beverage services at any time during the Rental Period, the Renter shall make specific arrangements with Starbright at least 15 calendar days prior to the start of the Rental Period. If, with Starbright approval, the Renter provides food and beverage service, Renter must also provide a minimum of 2 ushers and ensure that no food or beverage is allowed into the auditorium when the seating system is extended into the “theater seating” configuration. Renter shall be responsible for complete cleanup of any areas used for food and beverage service. Renter must pay for any additional cleanup required.

  55. All food and beverage items and other trash must be placed in provided trash cans. Trash which exceeds trash can capacity must be removed from the building by Renter and placed in the large trash bins located outside and behind the building.

  56. All sales of merchandise, all lobby displays, and all outside vendors must be identified by Renter and approved by Starbright at least 48 hours prior to the start of the Rental Period. In order to maintain safety requirements, no more than four tables, 6-foot long each, may be set up in the lobby. This includes all tables for tickets, refreshments, merchandise, auction items, displays, etc.

  57. Storing, selling, serving, and consuming alcohol is not allowed in the Theater.

  58. Renter is responsible for any equity waivers and rights to the material being presented.

  59. Renter grants Starbright the right to take photographs or make video recordings inside the Theater during the Rental Period. Renter grants Starbright the right, in perpetuity, to display and use such photographs or video recordings for the limited purpose of demonstrating an example of an event that occured in the Theater. To ensure that time-sensitive information is protected, the Renter may exercise the option to temporarily embargo the photographs or video recordings for a period of up to 3 months from the end date of the Rental Period. Any embargo must be communicated to Starbright in writing.

  60. Renter shall indemnify, defend (including attorney’s fees), and hold harmless Starbright and its officers, directors, agents, employees and volunteers from and against any and all claims, damages, demands, suits, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from Renter’s use of the Theater or Renter’s event at the Theater.

  61. The date for performance of either party’s obligations under the Rental Contract shall be postponed to the extent any event of force majeure delays the commencement or completion of the performance of the obligations of either party, provided such party uses its best efforts to mitigate the effects of such force majeure.

  62. Any and all notices, communications and demands required or desired to be given by either party shall be in writing.