Letter of Agreement | The Tank

The Tank's Standard Letter of Agreement!

Welcome to THE TANK, a home for emerging artists. Please take a few minutes to read through this entire agreement. It’s not just a contract—it’s also your best and only guide to performing at The Tank, what you can expect from us, and what we need from you to make sure your show goes on as smoothly as possible. If you have any questions, please feel free to get in touch.

This document shall serve as a Letter of Agreement between us, The Tank, a performing arts venue located at 151 W. 46th St., New York, NY 10036, (“Us”) and Artist or Company (“Company" or the “Artist”), regarding The Tank’s presentation of Show or Production (the “Show” or the “Production”).

A representative from your Company will be designated the “Primary Contact” (“You”). The Primary Contact is empowered to enter into agreements with The Tank on behalf of the Company, including this contract. You will be the person that we contact during your time in our space. This agreement also contains the details of performance dates and times agreed to.

1. Prior to Confirming Your Show at The Tank: The Tank requires that you submit the following three pieces of documentation in order to secure your time in the space:

a. E-copy: This Letter of Agreement, signed and dated including Primary Contact Information.

b. Online: Submit Relevant Press Materials Please email an 800x550px graphic for your show, and a blurb including any artist/company bios you would like online to [email protected] and [email protected] . Have a look at our website for examples.

2. Sharing the Space: Any given week, The Tank hosts 50+ artists and up to 9 unique productions. Access to the space for rehearsal and tech must be scheduled with Rosalind at [email protected]

If a Tank staff member is not present upon your groups arrival, a spare key to the theater can be found in the firebox to the left of the theater door. The lights are directly to the right of the theater door once you step inside. Please remember to lock the door and leave the key in the firebox when you leave.

A $25 replacement fee will be charged to those groups who neglect to do so. The Tank is not responsible for damaged, lost or stolen items. Any props, costumes or set pieces left at The Tank are done so at the Artists' discretion.

3. Box Office Arrangement: As part of our mission to support artists, The Tank provides space to perform without asking for a deposit or even an audience guarantee. Instead, we operate using a box-office split. Here’s how it works:

For each performance, The Tank takes the equivalent of ten fully-priced* tickets (or $100, whichever is more). The rest of the box office revenue is split evenly between The Tank and the Artist. You set your own ticket prices (unless you are part of a series with a set ticket price across the board), but they must be at minimum $8 and at most $18.

*Fully-priced tickets are the highest priced tickets, regardless of whether they're sold on line or at the door.

For example:

You set ticket prices for your show at $12 per ticket. You sell 45 tickets to your first show, with 20 audience members using a discount code that drops the price to $9. Everyone else pays full price. Here’s how the box office would break down for that performance:

Total Box Office Revenue: $480

The Tank would take $120 off the top (10 fully-priced tickets), plus $180 (50% of the rest), for a total of $300.

You would take $180 (50% of the rest).

At the end of the night, you’ll be shown a box office report that shows the total box office revenue for the night, which will include the amount The Tank takes prior to the box office split.

4. Tickets: Both in-person and online sales are set up and handled by The Tank. We use a third-party seller, brownpapertickets.com (BPT), for all online and phone presales. All ticket sales made through BPT are subject to the BPT Terms & Conditions, which can be found on their website. The Tank will have sales up within 5 days of receiving your materials (see above). You should receive a link to this shortly after sales go live. Additional online ticket discounts and promotions can be arranged on a case-by-case basis and should be discussed with your curator.

5. Insurance: The Tank provides both general liability insurance and volunteer accident liability insurance for all artists while they are in the space. If you require proof of insurance for university productions or for an Actors Equity Showcase Code, please contact Tank Artistic Director Rosalind Grush, [email protected].

6. PR: The Tank offers limited PR support for all shows in the way of press releases and show listings (when supporting staff is available), and our bi-weekly newsletter, as well as through The Tank's online social media presence. You are highly encouraged to do your own promotional work in addition to what The Tank can offer. We have consistently found that individual shows and companies are more effective in bringing audiences for their own productions than a venue that presents several hundred shows a year.

The Tank reserves editorial control over how shows are publicized and promoted through The Tank’s print and online media. For any website/ticketing questions and all additional promotional/social media inquiries, contact [email protected]

Currently, The Tank does not provide any printed material for your show (such as programs). If you decide to create printed materials for your show, designs must be submitted for approval by Tank staff ([email protected]) so we can ensure they include the following information:

All printed postcards and posters to be distributed must include:

• Credit line: [Show title] is presented by The Tank, a home for emerging artists.

• Full Tank logo, available HERE for online use

• Tank website thetanknyc.org

All printed programs to be distributed and online promotion must include:

• Credit line: [Show title] is presented by The Tank.

• Full Tank logo, available here for print use: http://thetanknyc.org/tankid.html

• Tank website: thetanknyc.org

• The following text:

For programs:
The Tank is a non-profit arts presenter serving emerging artists engaged in the pursuit of new ideas and forms of expression. We serve over 1,000 artists every year in over 350 performances, and work across all disciplines, including theater, comedy dance, film music, public affairs, and storytelling. Our goal is to foster an environment of inclusiveness and remove the burden of cost from the creation of new work for artists launching their careers and experimenting within their art form. The heart of our services is providing free performance space in the 62-seat blackbox that we operate in Manhattan, and we also offer a suite of other services such as free rehearsal space, promotional support, and a cut of the box office. We keep ticket prices affordable and view our work as democratic, opening up both the creation and attendance of the arts to all.

*Approval will be granted within 24 hours.

7. Crediting: We don't ask for much, y'all! But if you could just tell people about us, that'd be really helpful for us. Company or Artist agrees, in good faith, to use its best efforts to attempt to cause The Tank to receive billing credit during the period from the opening of the Show or Production for ten (10) years thereafter in all productions and presentations of Show or Production including television, motion picture, and new media, and in all programs and publications of Show or Production in book or magazine form, substantially as follows:

The production was originally presented by The Tank, a New York City home for emerging artists.

OR

The production was originally developed at The Tank, a New York City home for emerging artists.

8. Rehearsal: All productions receive a total of four hours of free rehearsal time in the space, subject to availability. Additional time in the space may be purchased at the subsidized rate of $20/hr. To ensure that you get a rehearsal time, please email [email protected] as soon as possible after signing this agreement.

Cancellation: Your group will be subject to a $20/hour Cancellation Fee for any cancellations made less than 48 hours of your scheduled time, regardless of whether those hours were free or paid for. We have lots of people who want space and it hurts our other artists when scheduled hours go unused.

NOTE: This time is your only chance to rehearse the technical elements of the show in our space, and we encourage you to have your technicians with you so you can take full advantage of the time. If you’d like to hire one of our technicians, you can do that too. See below:

9. Tech: You are encouraged to bring in your own technicians to run your show. The Tank can also provide tech assistance. The Tank's resident techs charge $10/hr for rehearsals and $30 per performance for each technician you hire through us (performance fee includes load-in, set up, the performance and tear down). If your tech needs don't require a board operator (in other words, if we’re just turning our rep light plot on and off at the beginning and end of your show), or if you plan to supply your own tech, there is of course no cost for that. Tech fees must be paid in full directly to the technicians at the beginning of the rehearsal/performance shift they are working. You must submit all tech needs to [email protected] when your show is confirmed to ensure that they are met to the best of The Tank's capability. Failure to do so will lead to undo stress and increase the risk of potty language on opening night.

No changes are permitted to the physical space. You cannot replug or rehang any lights under any circumstances. You are allowed to re-gel or refocus the three specials located over the house, but this must be taken into account in your load-in/load-out time (per clause 19. Restoring the Space below), and we strongly recommend working with what we have if you can.

The Day of your Show:

10. Load-in/out Times and Policies: Because The Tank is nestled in an office building with high traffic, all deliveries (set pieces, large costume/props) must come up to the 8th floor via the freight elevator (the furthest elevator from the building entrance). All deliveries must arrive Monday – Friday between the hours 8a and noon, or 1p and 5p. If your props/set/costumes can be carried easily by one person, you may bring them in at any time. However, all other large deliveries must be brought up during specified hours with the approval of our doorman. To arrange any Load-in/Load-out outside these hours, arrange a time with [email protected]

On the day of your show you will have access to space 1 hour before show time. If you need more time in the space to place sets, run sound check, warm up, etc., make the appropriate arrangements with Rosalind beforehand. The Tank books two 60-90 min. shows Thurs-Sat. evenings, with a matinee and evening show on Sundays, so turn around time is tight.

11. Storage: Our backstage space is extremely limited. We do have some ability to store props and set pieces between shows, but it is subject to availability and architecture. When you do your initial walk-through of the space, please make sure to note our storage capacity, and communicate your storage needs to [email protected] And keep in mind that you've got an hour for load-in and sometimes even less for load-out depending on what show is after you, so please be clear about what your needs will be ASAP so we can plan for you. If you don’t make these arrangements ahead of time, we’ll do our best to accommodate you, but space cannot be guaranteed. Any props, costumes or set pieces stored in our space must be removed within two weeks of the close of your show to make room for incoming artists. Failure to do so will result in loss of property.

12. Staff: All evening/front of house staff (excluding tech) is provided by The Tank, including: box office/bar staff, ticket takers, etc. All of our evening staff are volunteers and are responsible for keeping the evening running smoothly. You must check in with them when you arrive for every performance and understand that you cannot get into the space, dressing rooms, lobby, etc until directed by evening staff. NOTE: All Evening Staff are responsible for ensuring the order of the evening. Failure to obey evening staff can result in fees deducted from your box office split.

13. Box Office: Online sales end two hours prior to the scheduled start to each performance. Any remaining tickets will be sold at the door. All in-person ticket sales will begin no earlier than 30 min. prior to show time. In the event of sold-out shows, tickets will be released to a waiting list 5 minutes prior to the start of the show. For all Tank events, house must open 15 min before performance start time. The holding of opening house, or delaying performance start time is at the discretion of evening staff.

14. Empty House Policy: If the size of the cast/number of performers on stage outnumber the audience (excluding company members), The Tank withholds the right to cancel that evening's show. (Exceptions: Open Mics, Workshops, Company Readings.)

15. Comp Tickets: Every show receives four comps per performance. All comp requests must be submitted 48 hours prior to each performance via email from your Primary Contact to [email protected] If you’d like to issue additional comps, you must purchase the tickets from The Tank (remember, after your ten initial tickets, you receive half of the box office, so purchasing additional comps typically means, purchasing a half-priced ticket). This includes any comp tickets given away as part of online fundraising such as Kickstarter or Indiegogo. The Tank reserves the right to issue/refuse comps for any show, and to request a business card or other proof of industry status for any audience member comped.

16. Concessions: One of the ways The Tank covers the cost of offering free space to artists is by selling of concessions. Concessions (including food, water, sodas and alcoholic beverages) will be sold prior to all Tank shows. Any adjustment to this policy (waiving of concession sales, free concessions with ticket purchase, allowing artists to sell their own concessions, etc.) is forbidden unless prior written/email permission is obtained from the office. All altered concession arrangements should be discussed with your curator.

17. Preshow: The Tank will give a short preshow speech before every performance. This speech must be factored into the overall run of the show and will be made from the stage before the show begins. It will not exceed 3 minutes. The Tank will also be distributing information about The Tank to every audience member, either separate or as a program insert.

After Your Show:

18. Evening Paperwork: Immediately following all performances, the Primary Contact is responsible for reviewing and signing a copy of our evening paperwork. This ensures that all parties agree to all financial or attendance information on it. If you disagree with any information on the evening paperwork, it is important that you still sign it and note what item(s) you disagree with.

19. Restoring the Space: Per the Tech clause above, artists are allowed to re-gel lights (using a separate set of gel frames) and to refocus the three specials located over the house. All Lights/Booth/Sound must be restored to the condition they were found at the end of each performance. Change-over between shows is often limited to 15 minutes, so it is important that your show can be completely loaded-out and the space restored in that time.Failure to restore the space or to strike all set pieces within that time will result in a restoring fee of $50. It is your responsibility to make sure you have enough hands for the job. You and your company are responsible for repairing any damages incurred by the space during your performance/rehearsal. This includes all materials and time needed to restore the space to its former state. You may repair the space yourself with the approval of a staff member, or have the cost of the repair deducted from your cut of the box-office. The Tank reserves all rights to withhold box-office income to cover the cost of these repairs.

20. Payout Policy: The Tank pays out artists only after all performances have ended and after all online sales have been received by BrownPaperTickets.com. Payments will be issued no later than 30 days from the last of your performances. To ensure prompt payment, make sure to include mailing address on evening paperwork and Primary Contact form.

21. Cancellation Policy: Although unfortunate and problematic, The Tank understands that sometimes people are confronted with insurmountable challenges and need to cancel a show. There are two things about this: we have a lot of artists all vying for the scarce resources that we have to provide; and if you cancel too close to your performance dates, it can be VERY difficult for us to fill those slots quickly, since many of the artists who could have used the space will have made other arrangements. After you sign this contract, if you need to cancel your show more than six weeks out from the assigned dates below, The Tank will charge a $25 fee per performance slot. If it is less than six weeks out from the assigned dates below, The Tank will charge a $150 fee per performance slot. We take last-minute cancellations (aka less than six weeks from the assigned dates below) very seriously and it will very likely affect your ability to be programmed here in the future.

22. The Fine Print: The venue is made available to you as is, and The Tank is not liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of your use of our space and this agreement, even if you have advised The Tank of the possibilities of such damages.

The Tank does not allow: open flames, the use of live weapons, the use of power tools, any gas which may be explosive or in any other way harmful to artists and audiences, large quantities of water or liquid (exceeding 2 gallons), the expulsion of bodily fluids, smoking of cigarettes (including herbal), GLITTER, or any permanent physical alterations to or in the space.

Tank House Rules:
-Be Nice, it's a free performance space
-No Fighting, it's a free space
-Respect The Tank, it's free
-Respect the Staff, most of them work for free, and the ones getting paid aren't getting much, y'all!
-Have fun and remember, the best things in life are free!

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. In any case, the Tank withholds the right to sever this agreement with reasonable cause, including (but not limited to): conflict of interest, undue stress or harm to Tank staff, unwillingness to cooperate within shared space, damage or misuse of Tank property.

You represent that you have the power and ability to enter into this contract on behalf of your company or organization. You cannot transfer this contract to anyone else without permission from The Tank. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. This contract contains our entire agreement, and any changes or additions must be made in writing and signed by both of us.

This is a legal document made in, and governed by, the laws of the State of New York. It is valid both in the signed original and by facsimile, in PDF or with an electronic signature.

PRIMARY CONTACT INFORMATION SHEET

Name of Show

Dates and Times

Ticket Price

Length of Show

Primary Contact

Primary Contact Email Address

Primary Contact Address 1

Primary Contact Address 2

As the Primary Contact:

• You are responsible for filing all PR/Development Information prior to event confirmation.

• You are responsible for supplying evening management with a comp list prior to every performance.

• You are responsible for reviewing and signing the evening paperwork after each performance.

• You are responsible for filling out a W-9 tax form to receive payout (if applicable).

• Artist Payout will be made out to you, unless otherwise specified below.

• You agree that the address supplied above is where artist payout should be mailed (if not picked up in person).

If you’d like the Artist Payout to be made to someone other than the Primary Contact, please fill out the following:

Alternate Name or Company

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