HomeMy WebLinkAboutBonneville County District 93 Facility Use Agreement
MOUNTAIN AMERICA CENTER OF IDAHO FALLS
Facility Usage Agreement
Contract No. 051822
This Agreement (the “Agreement”), entered into this 18th of May, 2022 by and between Centennial Management
Group, an independent contractor retained by Idaho Falls Auditorium District (IFAD) to manage MOUNTAIN
AMERICA CENTER OF IDAHO FALLS, IDAHO, hereinafter referred to as "CENTER," with an office located at
1690 Event Center Drive, Idaho Falls, Idaho, 83402, and:
Bonneville County School District 93
3497 N. Ammon Rd
Idaho Falls, ID 8340
Phone: 208-525 -4400
Hereinafter referred to as "CONTRACTOR".
It is understood and agreed that the term CENTER will, throughout the conditions of this Agreement, refer to the duly
appointed manager of MOUNTAIN AMERICA CENTER, Centennial Management Group, Inc.
CONTRACTOR warrants that said use is for the following and no other purpose:
Bonneville County School District 93 Graduation Ceremonies
June 1st-2nd, 2023 Times: 1:00pm, 4:00pm, 7:00pm
May 31st, 2024 Times: 1:00pm, 4:00pm, 7:00pm
May 30th, 2025 Times: 1:00pm, 4:00pm, 7:00pm
May 29th, 2026 Times: 1:00pm, 4:00pm, 7:00pm
June 4th, 2027 Times: 1:00pm, 4:00pm, 7:00pm
Spaces utilized for the above stated purpose will be as follows:
HERO ARENA
Payment for spaces utilized for the above stated purpose will be as follows:
1- Rent: $9,000 not inclusive of outside costs such as t-shirts security, police, fire, medical,
stagehands, riggers, credit card fees and catering.
2- All other expenses will be charged at the rate indicated on the CENTER’S current schedule of
user fees, which are hereby incorporated and made part of the contract. See attached proposal.
CONTRACTOR also shall pay CENTER $0 for rehearsal day(s), and $4,500 for move-in day(s) and
$0 for move-out day(s) if applicable. The first year of this agreement, the CENTER will waive all move in rental rates.
If CONTRACTOR wishes to add move in days to their scheduled dates they can do so at the rate listed above.
CONTRACTOR agrees to pay all reimbursable expenses required for the completion of this event according to the
Schedule of User Fees in force on the date of this event. CONTRACTOR is required to provide, on demand of
CENTER, documentation of qualification for NON-PROFIT status as it may relate to this Agreement.
Throughout this Agreement, the term "gross ticket sales" will be defined as total ticket sales less any applicable federal,
state and local admission taxes, Parking Fees, as set forth below, and a Facility Maintenance Fee, when applicable.
MOUNTAIN AMERICA CENTER OF IDAHO FALLS
Facility Usage Agreement
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CONTRACTOR agrees to provide $ 4,500 NON-REFUNDABLE DEPOSIT with the return of this signed
Agreement by September 1st, 2022. Thereafter, CONTRACTOR agrees to make additional deposit with CENTER
at address set forth in the first paragraph of this Agreement, on September 1st, of each additional year of this year
agreement.
CONTRACTOR agrees to provide prior to ten days before the event, a comprehensive general liability INSURANCE
policy, in which IFAD and its directors, officers, employees, insurers and agents; Centennial Management Group,
Inc. (CENTER), and its parents, subsidiaries, affiliates, directors, officers, employees, insurers and agents and
Diamond Concessions IF Arena, Inc. and its parents, subsidiaries, affiliates, directors, officers, employees, insurers
and agents, are named as additional insureds and CONTRACTOR is named as insured, on a Certificate of Insurance,
acceptable to CENTER,
with minimum policy limits of:
- $5,000,000 for injuries, including death, sustained by one person.
- $5,000.000 for injuries, including death, sustained by two or more persons from a single occurrence.
- $1,000.000 for property damage.
The terms of such coverage to coincide with the dates of this Agreement, including move-in, rehearsals and move-
out. Insurance policy shall contain provisions that prevent the policy from being materially changed or canceled
without prior ten (10) day written notice to CENTER. Aggregate limits as they relate to the insurance requirements
stated above shall be on a per event basis. All coverage and limits shall be on an occurrence basis, and not on a claims
made basis.
CONTRACTOR agrees to provide Center with 30 COMPLIMENTARY TICKETS for each performance covered
by this Agreement.
Upon CONTRACTOR request and upon receipt of specific event information supplied by CONTRACTOR, CENTER
will provide an event cost estimate. This cost estimate is a good faith attempt to identify event costs. However, an
event cost estimate is not a price quotation, and CONTRACTOR is responsible to CENTER for full payment of the
actual costs billed to the event.
ADDITIONAL COVENANTS AND AGREEMENTS:
Parking: The cost of parking will be waived for this event.
Ice: Any and all events may be subject to occurring on ice at CENTER’S discretion. The CENTER will
provide an insulated ice floor.
Attachments hereby incorporated as part of this Agreement:
X Terms and Conditions Schedule of User Fees
Ticket Office Rider Catering Quotation (Addendum B)
Explanation of Fees Activity Schedule
X Event Estimate (See attached)
All conditions and regulations set forth on the attached documents are hereby incorporated as a part of this Agreement.
MOUNTAIN AMERICA CENTER OF IDAHO FALLS
Facility Usage Agreement
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For CENTER: For CONTRACTOR:
By _______________________________________ By _______________________________
Erik Hudson- General Manager
Title _____________________________
CENTENNIAL MANAGEMENT GROUP
d.b.a. MOUNTAIN AMERICA CENTER SSN# ___________________________ or
FEDERAL TAX ID# ________________
Date _____/_____/_____ Date _____/_____/_____
Dr. Scott G Woolstenhulme
Superintendent of Schools
82-600-1206
06 15 226 17 2022
FACILITY USAGE AGREEMENT
Terms and Conditions
(For the purpose of these terms and conditions, "CENTER" shall mean Centennial Management Group, Inc., an independent contractor,
retained by the Idaho Falls Auditorium District ("IFAD") to manage Mountain America Center (and the other configurations locat ed
within Mountain America Center.) The Mountain America Center and its associated grounds, facilities and equipment are referred to
as the “FACILITY.”
I.BUILDING CONTROL
A.CONTROL OF FACILITY: In occupying the building, property and/or grounds at the FACILITY, the CONTRACTOR
understands that CENTER does not relinquish the right to control the management thereof, and to enforce all necessary
laws, rules and regulations.
B.RIGHT OF ENTRY: Duly authorized representatives of CENTER may enter and/or be present within the FACILITY,
including those areas to be used for the event described herein, at any time and on any occasion without any restrictions
whatsoever. The entire FACILITY, including the area which is the subject of this permit, and all parking areas shall
at all times be under the charge and control of CENTER.
C.NON-EXCLUSIVE RIGHT: CENTER shall retain the right to use any portion of the FACILITY not covered by this
Agreement. CENTER also retains the right to re-enter or use any portion of the FACILITY which becomes vacant
for sufficient time to warrant doing so. CENTER shall retain the proceeds from all such actions.
D.INTERRUPTION OR TERMINATION OF EVENT: CENTER shall retain the right to cause the interruption of any
performance in the interest of public health or safety, and to likewise cause the termination of such performance when,
in the sole judgment of CENTER, such act is necessary in the interest of public health or safety. In the case of an
interruption or termination of an event, the CENTER shall retain any and all deposits made by the CONTRACTOR
and retains the right to pursue such other costs, expenses or remedies as it determines are appropriate. The phrase
“public health or safety” as used in these Terms and Conditions specifically includes but is not limited to issues related
to the coronavirus known as COVID-19 and other such infectious diseases.
E.EVACUATION OF FACILITY: Should it become necessary in the judgment of CENTER to evacuate the all or a portion
of the FACILITY because of a bomb threat or for other reasons of public health or safety, the CONTRACTOR will
retain possession of its contracted portion of the FACILITY for a sufficient time to complete presentation of its activity
without an additional rental charge providing such time does not interfere with another FACILITY commitment. If it
is not possible to complete the presentation of the activity, CENTER charges shall be forfeited, prorated, or adjusted
at the discretion of the CENTER based on the situation, and the CONTRACTOR hereby waives any claim for damages
or compensation from the CENTER.
F.PROGRAM APPROVAL: CENTER reserves the right of approval for any performance, exhibition, or entertainment to
be offered under this Agreement, and CONTRACTOR agrees that no such activity or part thereof shall be given or
held if CENTER presents written objection on the grounds of: character offensive to public morals, failure to uphold
event advertising claims, may jeopardize public health or safety, or violation of agreed event content restrictions
agreed to by both parties at the time of the completion of this Agreement.
G.DEFACEMENT OF CENTER FACILITY: CONTRACTOR shall not alter, add to, deface, repair and/or change the
FACILITY in any manner whatsoever, except with the prior written consent of CENTER. The FACILITY shall be
maintained and vacated, as and when required, in as good condition as they were upon entry of CONTRACTOR
therein. If CENTER and CONTRACTOR agree to alter any portion of the FACLITY in any way, CONTRACTOR
shall be solely responsible for the cost of restoration. CONTRACTOR shall not obscure or cover any advertising
signage of CENTER without the express written consent of CENTER.
H.D AMAGES: CONTRACTOR agrees to pay upon demand for all damage and/or injury done to the FACILITY,
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CENTER, and CENTER’S personnel by CONTRACTOR, by CONTRACTOR'S associated staff and crew, by
CONTRACTOR’S agents, representatives or business invitees, by CONTRACTOR'S artist(s) and client(s), and by
CONTRACTOR'S patrons. CENTER reserves the right to retain and apply the deposit and box-office receipts (if
deposit is not sufficient) for such damage and/or injury, notice thereof having been given to CONTRACTOR.
CENTER will provide detailed billing and accounting to CONTRACTOR when needed restoration or replacement of
damaged items is completed; or, in the case of injuries to personnel, when the total cost associated with the injury is
compiled. Not including normal wear and tear.
I.LOST ARTICLES: CENTER shall have the sole right to collect and have the custody of articles left in FACILITY by
persons attending any performance, exhibition, or entertainment given or held in the FACILITY, and the
CONTRACTOR or any person in the CONTRACTOR'S employ shall not interfere with the collection or custody of
such articles.
J.ANNOUNCEMENTS: CENTER reserves the right to make announcements or display signage during the period of this
Agreement, which would relate to future attractions and commercial messages. CENTER is also entitled to make
such announcements, as CENTER may deem necessary at any time in the interest of public safety. CONTRACTOR
agrees that it will cooperate and will cause its agents and performers to cooperate with the delivery of such
announcements for public safety, including, but not limited to, announcements to require patrons to return to their
seats, and/or No Smoking announcements. CENTER reserves the right to display posters, banners, and
announcements, and to distribute literature concerning any activity it deems worthy.
K.SIGNS, FLYERS, GIVE-AWAYS, AND POSTERS: CONTRACTOR will not post or allow to be posted any signs, cards,
banners, or posters except upon or within such display areas as CENTER may provide or designate, nor shall
CONTRACTOR pass out or give away any flyers or other items without the express written consent of CENTER.
Use of such areas is a non-exclusive right. All material is subject to approval by CENTER. By such approval,
however, CENTER does not accept any responsibility in any manner for content. CENTER will remove any
unauthorized signs at the CONTRACTOR'S expense.
L.OPEN HOURS: Doors shall be opened for event in accordance with advertised times, CENTER policy, and IDAHO
State Law.
M.INTERMISSIONS: CONTRACTOR agrees that every public performance, which is not staged within a single hour,
will have an intermission period of not less than fifteen (15) minutes, excepting religious services or other
engagements specifically excluded by CENTER’S consent in writing. CENTER reserves the right to assess a fee in
advance or a penalty after the fact, if an intermission is not held due to an act or omission of CONTRACTOR,
CONTRACTOR'S associated staff, crew, artists, clients, or guests.
N.OBJECTIONABLE PERSONS: CENTER reserves the right to refuse admission to, eject, or cause to be ejected from
the FACILITY any objectionable person or persons; and neither the CENTER nor any of its officers, agents, or
employees shall be liable to CONTRACTOR for any damages that may be sustained by CONTRACTOR through the
exercise by CENTER of such right.
O.SECURITY: CENTER will exercise all reasonable care to safeguard property of the CONTRACTOR while in
FACILITY. However, CENTER shall assume no responsibility whatsoever for any property placed in the FACILITY
and is hereby expressly relieved and discharged from any and all liability for any loss, injury, or damage to persons
or property that may be sustained by reason of the occupancy of the FACILITY or any part thereof under this
Agreement. All security or other protective service(s) desired by CONTRACTOR must be arranged for with and by
special agreement with CENTER.
II.SERVICES PROVIDED
A.HEAT, LIGHT, UTILITIES: During the period of this Agreement, CENTER will provide ventilation, air conditioning
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or heat, and overhead lighting for ordinary use, subject to a utility charge as outlined in the Schedule of User Fees in
force on the date of the event. CENTER will provide, at its expense and at its discretion, continuous cleaning of
corridors, public lobbies, and restrooms with necessary equipment, materials, supplies, labor, and supervision.
B.ADDITIONAL SPACE: Available dressing rooms, office space and storage space will be provided by CENTER at the
sole discretion of CENTER, at no cost to CONTRACTOR. All other services or conditions will be at the expense of
CONTRACTOR.
C.ADDITIONAL SERVICES AND STAFFING: All labor and services not specifically mentioned above (see Services
Provided), but required for the execution of CONTRACTOR'S event, shall be secured by CENTER and be considered
reimbursable costs payable to the CENTER by the CONTRACTOR, according to rates set forth in the Schedule of
User Fees in force on the date of the event. Such services shall include, but are not limited to, those performed by
technicians, changeover and event cleanup personnel, laborers, security personnel, police and fire personnel, crowd
control personnel, ushers, directors and ticket takers, house manager, traffic personnel, paramedics, stage manager,
technical director, house electricians, house engineers, and cashiers.
In cases of special custodial services necessitated by an event, CONTRACTOR shall pay costs of these services as a
reimbursable expense to CENTER. CENTER retains the right to determine the appropriate number of personnel
necessary to properly serve and protect the public. All personnel provided by the CENTER shall remain employees
of the CENTER and will be under direct CENTER staff supervision.
D.CONTRACT SERVICES: CENTER reserves the exclusive right to furnish, install, or provide electricity, gas, water,
wastewater, compressed air and steam services. Such services shall be provided on written order at the then prevailing
published rates for such services. CONTRACTOR may contract with persons approved by CENTER for services not
available from CENTER.
E.CATERING: All catering must be performed by CENTER's preferred caterers unless agreement to the contrary is
reached in writing no fewer than ten (10) days prior to the event.
III.EVENT REQUIREMENTS
A.TALENT CONTRACT: N/A.
B.PRODUCTION REQUIREMENTS: CONTRACTOR agrees to furnish CENTER with detailed production and house
requirements and/or information for CONTRACTOR's use of space(s) no later than four (4) weeks prior to the
beginning of the use period. The intent of the foregoing is to enable both parties of this contract to anticipate and
work out in advance any problems that might/can occur relating to CONTRACTOR's use of space(s). CENTER
requires advance information in order to schedule the appropriate personnel and equipment for CONTRACTOR's use
of space(s) and to compile expense estimates.
C.EQUIPMENT AND UTILITIES: CENTER will provide equipment and utilities presently owned by the FACILITY at
CONTRACTOR's expense as listed in the Schedule of User Fees. Additional equipment or utilities required shall be
provided and paid for by CONTRACTOR. CENTER reserves the right to operate/control all equipment and utilities
used for CONTRACTOR's event.
D.CONTRACTOR PROVIDED EQUIPMENT: CONTRACTOR warrants that all equipment brought into the FACILITY
shall be in good working order and meet applicable safety regulations. CONTRACTOR accepts responsibility for
proper and safe operation, supervision and guarding of its equipment.
E.PRODUCTION CONSULTING: CENTER will provide a reasonable amount of complimentary production consulting;
however, a charge will be levied for any excessive demands placed upon CENTER employees.
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Terms and Conditions
F. SCHEDULE: CENTER agrees that all load-ins, set -ups, take-downs, load-outs, and any other work calls shall be
scheduled at times specified by CENTER unless CONTRACTOR has specific schedule obligations from other
contract agreements that may pertain to CONTRACTOR's use of CENTER. In the absence of any such obligations
and/or waivers, all takedowns and load-outs shall take place immediately following CONTRACTOR's use of space(s).
Should CONTRACTOR fail to fulfill the obligations of the schedule as specified, then CENTER may remove and
store all equipment and/or property belonging to CONTRACTOR at CONTRACTOR'S expense and risk.
G. AUTHORIZED AGENT: An authorized representative of the CONTRACTOR, with decision-making capabilities, must
be at the FACILITY and/or available to the space(s) being used by CONTRACTOR for the duration of any load-in,
set-up, rehearsal(s), performance(s), take-downs, and load-out of all scheduled events, unless prior arrangements have
been made with the appropriate staff of CENTER.
H. PUBLIC ADDRESS SYSTEM: CENTER shall furnish, at CONTRACTOR expense, the FACILITY”S public address
system as needed. This system shall be operated according to rules and regulations established by CENTER.
I. ADDITIONAL EQUIPMENT: If CONTRACTOR requires additional production, stage, shop, house, and other building
equipment beyond what is considered "in-house," then CENTER can and/or will rent or procure such equipment and
charge to CONTRACTOR any cost associated with obtaining such equipment with an added fifteen percent (15%)
service charge. If CONTRACTOR declines to have CENTER obtain such equipment, then CONTRACTOR must
coordinate the use of any outside services with CENTER, and the (15%) service charge still applies. The intent of
the foregoing is to ensure both parties that outside services are compatible with CENTER policies and facilities.
J. TRANSPORTATION All transportation of CONTRACTOR equipment and personnel required for this event shall be
the responsibility of the CONTRACTOR.
K. NOTIFICATION: It is the obligation and responsibility of CONTRACTOR to timely inform the artist's management
and/or client(s) contracted with CONTRACTOR of any and all general conditions, restrictions, and policies specified
in this agreement. CENTER shall not be held responsible for any discrepancies, difficulties and/or charges that might
occur if CONTRACTOR's artist and/or client(s) is or was not aware of CENTER's restrictions and policies.
IV. CONCESSIONS AND NOVELTIES
A. CONCESSIONS: CONTRACTOR shall not sell or serve any concessions including, but not limited to cigarettes,
cigars, beverages, food, flowers, gum or refreshments of any kind within the licensed space except with prior written
permission from CENTER. Souvenirs, programs and novelties or other similar concessions (“merchandise”
concessions) may be offered for sale by CONTRACTOR in licensed space during the period of this Agreement only
through prior agreement with CENTER personnel to whom such merchandise has been consigned, unless otherwise
agreed to in advance by CENTER. CENTER shall designate stand locations for merchandising such items.
B. SALE BY LESSEE: N/A
C. SALES BY CENTER: CENTER reserves the right to sell at its discretion any of its concessions items that are
appropriate to this event. All proceeds from the sale of CENTER concessions items will remain with CENTER.
D. FREE SAMPLES: No free samples of food, beverage or any product may be given away or otherwise distributed
without prior written approval of CENTER.
V. SHIPPING AND STORAGE
A. SHIPMENTS: CONTRACTOR shall not direct shipments to CENTER prior to the first set-up day as listed on the face
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of this Agreement without advance written permission of CENTER. CENTER reserves the right to refuse
CONTRACTOR'S shipments prior to said date.
B.STORAGE: CONTRACTOR assumes all responsibility for any goods or materials which may be placed in storage
with CENTER before, during, or after event.
C.CONTRACTOR PROPERTY: CENTER will accept delivery of property addressed to CONTRACTOR only as a
courtesy to CONTRACTOR and CONTRACTOR hereby releases and agrees to hold harmless and indemnify IFAD,
its officers directors, employees, insurers and agents; and Centennial Management Group, Inc. (CENTER), its parents,
subsidiaries, affiliates, officers, directors, employees, insurers and agents, for loss of, or damage to, including, but not
limited to, destruction of such property, in the receipt, handling, care or custody of such property at any time.
CONTRACTOR further agrees to indemnify and hold harmless all of the aforesaid indemnities from all claims,
lawsuits, litigation, judgments, damages and costs arising out of loss of or damage to, including, but not limited to,
destruction of, such property at or in the FACILITY. Under no circumstances shall the CENTER or any of the
aforesaid indemnities be considered a bailee of such property at any time, for any reason.
VI.SETTLEMENT
A.SETTLEMENT DATE AND TIME: Settlement shall occur on the final day of this Agreement and shall consist of
CENTER remission to CONTRACTOR all ticket office receipts, after deduction of any and all CENTER charges and
commissions, labor and equipment fees, all reimbursable expenses, and other appropriate fees as allowed for in this
agreement. Any unused portion will be returned to CONTRACTOR with final settlement statement as soon thereafter
as possible. CONTRACTOR waives all rights to that portion of the Ticket Office receipts necessary to pay
reimbursable costs accrued by CENTER. Where no Ticket Office receipts are involved, CENTER shall present to
CONTRACTOR a statement of expenses and either: (1) collect payment of expenses beyond sum of advance
payments; or (b) return to CONTRACTOR the unused portion of advance payment.
B.METHOD OF PAYMENT: All CENTER payments of ticket proceeds are made by CENTER check. If cash is required
as part of the settlement, requests must be made in writing to CENTER at least three (3) working days before the
event.
C.DEDUCTIONS: CONTRACTOR shall be responsible for payment of any applicable federal, state, and local taxes and
Facility Maintenance Fees which may be levied against the entertainment and/or activity being presented or on the
admissions to such entertainment and/or activity; provided, however, that CENTER may withhold and pay any taxes
or fees collected by it on behalf of CONTRACTOR which CENTER deems it is its responsibility to collect and pay,
including, but not limited to, Idaho State Sales Tax, Parking Fees, and the Facility Maintenance Fees.
D.COPYRIGHTS: CONTRACTOR will assume all costs arising from the use of patented, trademarked, franchised, or
copyrighted music, materials, devices, processes, or dramatic rights used on or incorporated in the entertainment
and/or activity being presented. CONTRACTOR shall obtain and pay for all appropriate American Society of
Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), SESAC and other similar licenses for
the entertainment and/or activity; CONTRACTOR agrees to indemnify, defend, and hold harmless IFAD, its officers,
directors, employees, insurers, and agents; and Centennial Management, Inc. (CENTER), its parents, subsidiaries,
affiliates, officers, directors, employees, insurers and agents from any and all claims, lawsuits, litigation, judgments,
costs, royalties, or damages, including, but not limited to, legal fees, which might arise from use or proposed use of
any such material described above. CONTRACTOR hereby authorizes CENTER to provide information concerning
CONTRACTOR’S use of the facility to such licensing bodies upon request.
E.REGULATIONS AND PERMITS: CONTRACTOR agrees that CONTRACTOR and all CONTRACTOR's associated
staff, crew, artists, agents, contractors, and clients connected with CONTRACTOR's use of the FACILITY shall abide
by and conform to all federal, state and local laws, rules and regulations (including any applicable public health and
safety regulations), and by all facility rules and regulations as provided by CENTER; and CENTER will require that
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its agents or employees likewise so comply. CONTRACTOR agrees to acquire and pay for all necessary licenses and
permits.
F.ADA: CONTRACTOR agrees to abide by, conform to and pay any and all costs associated with compliance with the
Americans with Disabilities Act (the “Act”) as respects its use of the facilities. CONTRACTOR shall be responsible
for ensuring that all services for individuals with disabilities as outlined in the Act are fulfilled in regard to the
CONTRACTOR's event(s) defined herein, including, but not limited to special seating, signers, text provision and the
like.
G.AGREEMENT TO QUIT PREMISES: CONTRACTOR agrees to quit FACILITY no later than the end term of this
Agreement and further agrees to leave the FACILITY in a condition equal to that at the commencement date of this
Agreement. CONTRACTOR agrees that all materials pertinent to the event which are not in the possession of
CENTER will be removed from the FACILITY before the expiration date of this Agreement. The CENTER shall be
authorized to remove at the expense of the CONTRACTOR all material remaining in or on the FACILITY on the
termination date of this Agreement. CONTRACTOR shall be responsible for payment of storage costs for such
materials, and CONTRACTOR agrees CENTER shall in no way be responsible for loss, damage or claims against
materials removed or stored under this provision. CONTRACTOR agrees that CENTER will have first lien on such
materials for payment of costs accrued for removal and storage.
VII. ADVERTISING
A.LOGO: The FACILITY (including the “Theatre configuration logo”, if applicable) logo and name must appear in all
media advertising.
B.HONEST AND TRUE: CONTRACTOR agrees that all advertising of this event will be honest and true and will include
correct information on event times, ticket prices and place of event.
C.EVENT ADVERTISING: CONTRACTOR shall provide CENTER with copies of all advertising and media releases
relating to the event(s) described herein at least forty-eight (48) hours in advance of the placement or release of said
materials. CONTRACTOR agrees to discontinue and/or correct any advertising and announcements of the
entertainment and/or activity being presented by CONTRACTOR which CENTER determines, in its sole discretion,
to be dishonest, misleading, untruthful, containing incomplete information, damaging to the reputation of the
FACILITY, CENTER or IFAD, or which does not accurately convey the date(s) of such entertainment and/or activity,
the type of admission (general or reserved seating) and the correct ticket price(s). CENTER reserves the right to
determine the time at which CONTRACTOR's event will be announced and/or released to the public.
D.SALES AND USE OF ADVERTISING SPACE: All advertising space on or in the FACILITY is the exclusive property
of and subject to control by CENTER, and all receipts therefrom shall accrue to CENTER. No advertising by
CONTRACTOR shall be permitted, except by prior written permission of CENTER.
E.ADVERTISING BILLING: The CENTER will charge CONTRACTOR gross rate less any applicable discount according
to the Schedule of User fees in force on the date of the event covered by this agreement for advertising placed by
CENTER on behalf of CONTRACTOR. The CENTER will not pay for advertising of an event which has been placed
directly by CONTRACTOR without prior approval by CENTER and written authorization from CONTRACTOR.
F.STATEMENT OF EVENT SPONSORSHIP: The use of the FACILITY by any organization, individual or group of
individuals does not in itself constitute endorsement by Centennial Management Group, Inc. or the Idaho Falls
Auditorium District, of that organization, individual or group of individuals, nor of any product, service, precept or
tenet of any kind. Those using the FACILITY are forbidden to express or imply such endorsement in any of the
programs or performances carried on in the facilities or in advertising or promotion associated with such events. A
statement of true event sponsorship must appear in all advertisement of this event. The CENTER reserves the right
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to withhold its name or logo from any advertisement, if used in any way other than to indicate the place of the event.
VIII.BROADCAST RIGHTS
The CENTER reserves all rights and privileges for radio broadcasting, televising, filming, videotaping, sound recording,
photographing, or any kind of reproduction of whatever nature originating from the FACILITY during the term of this
agreement. Should the CENTER grant to CONTRACTOR such privilege, CENTER has the right to require payment for said
privilege in addition to any rental or usage fee. Such permission must be obtained in writing in advance of broadcast date.
IX. MEDIA COVERAGE
A.The CENTER will honor requests from working media and photographers to photograph portions of the
CONTRACTOR's event, subject to reasonable and proper restrictions, unless specifically prohibited by the
CONTRACTOR.
B.The CENTER reserves the right to use photographs of, and references to, event, subject to reasonable and proper
restrictions, for promotion of CENTER and/or archival purposes.
X.PUBLIC SAFETY
A.CONTRACTOR shall at all times conduct activities with full regard to public health and safety and will observe and
abide by all applicable regulations and requests by duly authorized governmental agencies responsible for public
health and/or safety and with CENTER to ensure such safety.
B.All portions of the sidewalks, entries, doors, passages, vestibules, halls, corridors, stairways, passageways and all
ways of access to public utilities within the FACILITY shall be kept unobstructed by the CONTRACTOR and shall
not be used for any purpose other than ingress or egress to and from the FACILITY.
C.CONTRACTOR agrees not to bring onto or into the FACILTY any material, substance, equipment, or object which
is likely to endanger the life of, or cause bodily injury, illness or infection to, any person at the FACILITY, or which
is likely to constitute a hazard to property thereon without the prior approval of CENTER. CENTER shall have the
right to refuse to allow such material, substance, equipment or object to be brought into the FACILTY and further
shall have the right to require its immediate removal therefrom if found thereon.
XI.CANCELLATION
A.RIGHT TO CANCEL: CENTER reserves the right to terminate this agreement for good cause, which shall not include
subsequent scheduling of a preferred event.
1.Should CONTRACTOR default in the performance of any of the terms and conditions of this agreement,
CENTER at its option may terminate the same.
2.CENTER reserves the right to cancel this agreement if it receives evidence that the artist(s) and/or client(s)
named in the contract or audiences of the named artist(s) and/or client(s) have violated laws, caused
disturbances and/or taken any action resulting in injury at any performance and/or activity prior to the
proposed appearance at CENTER.
3.Center reserves the right to cancel this agreement for health or safety reasons if the activities, or expected or
anticipated activities, of the CONTRACTOR create a potential violation of any applicable health or safet y
standards, including but not limited to those related to COVID-19 infection, or, if, in the sole discretion of
the CENTER, such activities, or potential or expected activities, of the CONTRACTOR may create an unsafe,
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hazardous, or potentially infectious condition or environment for the public or the CENTER staff.
4. In the event CENTER does terminate this agreement the CONTRACTOR shall be liable for full payment of
the fees accrued to point of termination and for all reimbursable expenses. The CONTRACTOR shall also
forfeit any deposit made with CENTER for the event, unless otherwise determined by the CENTER.
B. CANCELLATION BY CONTRACTOR: If CONTRACTOR shall cancel for any reason other than those set forth in section
XII, paragraph H, or fail to take possession of or to use the facilities substantially in accordance with this agreement,
unless otherwise agreed to in writing, then CENTER shall be entitled to liquidated damages equal to the minimum
daily base rental, 100% of applicable ticket handling fees on the sale of tickets up to the time of cancellation, plus any
other disbursement or expenses incurred by CENTER in connection with the event.
C. CANCELLATION: In the case of any cancellation of any performance and/or activity, the CONTRACTOR shall have
the obligation, at its own expense, to inform the public of such cancellation through regular information media. In the
event of default of such obligation by CONTRACTOR as determined by CENTER in its reasonable discretion,
CENTER reserves the right to make such announcements at the expense of CONTRACTOR.
XII. ADHERENCE TO CONTRACT TERMS
A. ALTERATION: Any alterations to this agreement must be agreed to and initialed by both parties prior to signing.
B. RETENTION OF CENTER PRIVILEGES: Failure of CENTER to insist upon strict and prompt performance of the
covenants and agreements hereunder shall not constitute or be construed as a relinquishment of CENTER's right
thereafter to strictly enforce the same.
C. NON-ASSIGNMENT: CONTRACTOR will not assign, transfer or subject this agreement or its right, title or interest
therein without CENTER's prior written approval.
D. SUIT TO ENFORCE: Should CENTER institute a suit or other action against CONTRACTOR as a result of
CONTRACTOR's failure to comply with any terms of this agreement, CENTER shall recover all damages provided
by law, all costs and disbursements provided by statute and all costs actually incurred, including reasonable attorney's
fees.
E. COURT ACTION: If any court having jurisdiction thereof shall find any portion of this agreement invalid, such
invalidity shall not affect any other section or provision or portion of this agreement. The parties agree that the
provisions of this agreement are to be deemed severable in the event of any judicial determination of partial invalidity.
F. INTERRUPTIONS AND CANCELLATIONS: CENTER may without liability refuse to perform any obligation(s)
otherwise arising under this agreement if performance of such obligation(s) would in any way violate or result in
conflict on the part of the CENTER or CONTRACTOR with federal, state and/or local laws, or to be objectionable or
contrary to public interests, or contrary to public health and safety, all such judgments to be made by CENTER in its
sole reasonable discretion.
G. APPROVAL OF CONTRACT: It is agreed that this agreement will not be in force until both parties have signed it.
H. UNAVOIDABLE HAPPENING: In the event that (a) CENTER or any portion thereof shall be destroyed or damaged by
fire or any other cause so as to prevent the use of the FACILITY for the purposes and during the periods specified
herein, (b) if the FACILITY cannot be so used because of strikes, acts of God, national emergency, pandemics or
other cause beyond the control of CENTER, then this Agreement shall terminate and the CONTRACTOR hereby
waives any claim against IFAD, its officers, directors, employees, insurers and agents; and Centennial Management
Group, Inc. (CENTER), its parents, subsidiaries, affiliates, officers, directors, employees, insurers and agents for
damages or compensation by reason of such termination except that any unearned portion of the rent due hereunder
FACILITY USAGE AGREEMENT
Terms and Conditions
shall abate, or if previously paid, shall be refunded by CENTER to the CONTRACTOR. This clause shall be invoked
at discretion of CENTER.
I. INDEMNITY: CONTRACTOR agrees to indemnify, defend and hold harmless IFAD, its officers directors, employees,
insurers and agents; and Centennial Management, Inc.(CENTER), its parents, subsidiaries, affiliates, officers,
directors, employees, insurers and agents from any and all demands, claims, suits, actions or liabilities resulting from
injuries or death to any persons, or damage or loss of any property prior to, during, or subsequent to the period covered
by this agreement arising from any activity undertaken by CONTRACTOR or its officers, directors, employees.
contractors, or agents in performance of any terms, conditions, or promises under this agreement for the use of facilities
leased or services obligated hereunder, except with respect to any such demand, claim, suit, action or liability proven
to be due solely to the willful act of CENTER for which CENTER similarly agrees to indemnify CONTRACTOR.
No claim or litigation shall be settled without prior written approval of CENTER.
In addition, CONTRACTOR agrees to indemnify, defend and hold harmless IFAD, its officers directors,
employees, insurers and agents; and Centennial Management, Inc.(CENTER), its parents, subsidiaries, affiliates,
officers, directors, employees, insurers and agents from any and all demands, claims, suits, actions liabilities or
expenses of any nature whatsoever arising from or out of, or relating to, directly or indirectly the infection known as
COVID-19 or any other illness that may be contracted or incurred, by CONTRACTOR or CONTRACTOR’S
employees, agents, patrons, guests, volunteers, affiliates or any other CONTRACTOR related parties and is related
to the CONTRACTOR’S use, occupation, or activities in or about the CENTER.
J. DISCRETIONARY MATTERS: N/A
K. IDAHO LAW: The validity, construction and effect of this contract shall be governed by the laws of the State of Idaho.
XIII. CIVIL RIGHTS
CONTRACTOR agrees not to discriminate against any employee or any applicant for employment because of race, religion,
sex, martial status, age, disability, or national origin and further agrees to likewise not discriminate for those same reasons
against any persons relative to admission, services or privileges offered to or enjoyed by the general public.
XIV. COMPLETE AGREEMENT
All terms and conditions of this written agreement shall be binding upon the parties, their heirs or representatives, and assigns,
and cannot be waived by any oral representation of promise of any of the parties hereto unless the same be in writing and signed
by the duly authorized agent or agents who executed this contract.
Dates (to be finalized by District 9 3)
June 2nd, 2023
May 31st, 2024
May 30th, 2025
May 29th, 2026
June 4th, 2027
*Move in available one day prior if needed*
**Three ceremonies per day**
Estimated Expenses
Item Total
Move In- day prior* $4,500 .00
Hero Arena rent- ($9,000/day) $9,000.00
Stage- flat rate $1,250.00
House PA- flat rate $250.00
House Curtain- flat rate $1,250.00
Cleaning - flat rate $1,800.00
Stage Labor- setup estimate $515.00
Chairs Included
Microphones Included
Video Board/Ribbon Included
Total $14,065.00
Total w/Move in day prior $18,565.00
Staffing levels will be determined by District 9 3 & Mountain America Center prior to event
Layout Capacities (See attached)
Full Arena Graduation Map:
Floor Capacity - 1,512 (can be flexible with this number)
Bowl Capacity - 2,767
Total- 4,279
Labor Hourly
Supervisor $30.00
Ushers $19.50
Video Board Operator $32.00
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Sound
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GRADUATION
4/20/22
designed by V 2.1
TBD PRE
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