Comedy Letter of Agreement | The Tank

Standard Tank LOA

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 Company or Artist (“Company" or the “Artist”), regarding The Tank’s presentation of Name of Show (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:

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

2. Online: Submit Relevant Press Materials www.thetanknyc.org/pressmaterials

3. Online: A very short Survey that we use for grant purposes www.thetanknyc.org/grantmaterials

Once all documentation has been received and your show is confirmed, you will receive a written confirmation detailing when you can arrive/load in, your start and running times, as well as when your show needs to end and how long you have to load out.

**Without this confirmation from brian@thetanknyc.org, you do not have a confirmed show at The Tank.**

2. Sharing the Space: The Tank currently books two 90-120 min shows per night Thu-Sun with an additional Sunday Matinee.

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:

The Tank will take 50% of the total box office. Artists will retain the remaining 50%.

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 handledby 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 confirming your show. 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 Programming Director Trey Tatum trey@thetanknyc.org.

6. PR: The Tank offers limited PR support for all shows in the way of press releases, show listings, and our 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, contact Brian Jon Moran ([email protected]). All additional promotion/social media inquiries should be directed to Social Media Coordinator Emma McMullin ([email protected]). The Tank has also created a user-generated media guide for artists. This guide details a series of websites that will list show information. The Tank does not currently have the capacity to list each individual show on these sites, but strongly encourages you to do so. It can be found here: http://bit.ly/TankListings.

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, they must include the following information:

All printed postcards and posters to be distributed must include:

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

• Full Tank logo, available here for online use: http://bit.ly/tanklogo

• 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

• The following text:

About The Tank
Founded in 2003, The Tank is a Manhattan based non-profit arts presenter. Curating across all disciplines, The Tank provides an artistic home to both new and established artists who are engaged in the pursuit of new ideas. Combining free performance space, subsidized rehearsal space, discounted ticket prices and promotional support; the Tank brings quality programming to a new generation of audience for live performance, civic discourse, and the work of emerging artists.

• Tank website: thetanknyc.org

7. 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 Brian Jon Moran (brian@thetanknyc.org) as soon as possible after signing this agreement. 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:

8. Tech: You are encouraged to bring in your own technicians to run your show. The Tank can also provide tech assistance. The Tank charges $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 will receive a tech questionnaire from Evening Manager Chris Booth (booth@thetanknyc.org) shortly after your show is confirmed.

The Day of your Show:

9. 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 10a 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 Brian Jon Moran (brian@thetanknyc.org).

10. 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 Trey Tatum ([email protected]). If you don’t make these arrangements ahead of time, we’ll do our best to accommodate you, but we can’t make any promises.

11. 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.

12. Box Office: Online sales end two hour 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 10 min before performance start time. The holding of opening house, or delaying performance start time is at the discretion of evening staff.

13. 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 Evening Manager Chris Booth ([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.

13. 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.

14. 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. The Tank will also be distributing information about The Tank to every audience member, either separate or as a program insert.

After Your Show:

15. 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.

16. Restoring the Space: Although no changes are permitted to the physical space, 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. Failure to restore the space or to strike all set pieces will result in a restoring fee of $50. 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.

17. Payout Policy: The Tank pays out artists only after all performances have ended and after all online sales have been received by BrownPaperTickets.com. The Tank pays out artists twice a month, on the 15th and 30th. To ensure prompt payment, make sure to include mailing address on evening paperwork and Primary Contact form.

18. Cancellation Policy: Although unfortunate and problematic, The Tank understands that sometimes, shows fall apart and must be canceled. If you need to cancel your show, you can do so risk-free up to three weeks before the show. Within three weeks, unfortunately, The Tank charges $100 per performance slot.

19. 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 me of the possibilities of such damages.

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.

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

Performance Dates/Times

Base Ticket Price

Run Time of Show

Primary Contact

Preferred Phone Number

eMail Address

Physical Address

City, State ZIP

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

Alternate Contact Mailing Address

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