Missouri State University

Article III. Ancillary Activities and Services

Section 1. Concession Sales

JQH ARENA has an exclusive contract with Ovations Food Service for the exclusive rights to sell all concession items including, but not limited to soft drinks, beer and wine (on specific occasions) coffee, confections, hot dogs, sandwiches, and candy before, during, and after any event occurring in JQH ARENA.

Section 2. Catering

A Permittee is required to use Ovations Food Service for all in house catering services, absent express approval by Ovations Food Service. Missouri State University currently has a multiple year agreement with Pepsi Americas calling for sales and distribution of Pepsi originated products only within the arena.

Section 3. Novelty / Merchandise Sales

Concession:

If a Permittee has items that it wishes to sell or rent or authorize to have sold or rented on its behalf or during its event, these items to include but not be limited to souvenir programs, books, photographs, audio or video tapes, records, posters, T-shirts, sweatshirts, or other souvenir items, and these items that are directly related to an event or events for which a Contract has been granted, the Permittee shall obtain permission from JQH ARENA Management to vend or have vended these items, and such items shall be vended only within locations as specified by Management. The granting of a Contract is not to be deemed the granting of permission to vend or have vended these items. The provisions of this and the following paragraph will also apply in the case of a vendor who may or may not make cash transactions at an event but rather takes orders for subsequent sales to take place off the premises of JQH ARENA.

JQH ARENA reserves the right to refuse permission to sell, rent, or otherwise distribute any item which does not directly relate to the presentation of a specific event for which a Contract has been issued, or any item which in normal use or misuse may cause damage to JQH ARENA, its employees, or patrons.

Commission:

Each approved vendor agrees to pay JQH ARENA, in return for the granting of permission, a commission equal to twenty five percent for commercial and nonprofit vendors.  Such commission will be calculated on the total gross sales for each sales period (a sales period being defined as no earlier than one hour prior to scheduled curtain time, all intermissions, and end no later than thirty minutes after the scheduled performance) in JQH ARENA, with gross sales being defined as the total of all sales during each period after the applicable sales tax has been deducted.

The state of Missouri assesses a 7.60%* tax on all items sold in Missouri.  JQH ARENA will collect sales tax from each vendor and will report all applicable taxes for sales made in or on the premises of JQH ARENA on the vendor’s behalf.

Verification of Sales:

JQH ARENA Management will at its discretion count all inventory immediately prior to and after all sales' periods.  The vendor may not refuse to allow JQH ARENA Management or its representative to verify all inventories. A refusal will constitute a violation of these provisions and will result in the immediate withdrawal of permission for vendor to vend any and all items in or on the premises of JQH ARENA.

Settlement:

The commission will be due and payable in cash immediately subsequent to the close of sales for each period. In the case of a vendor who is taking orders and may or may not be making any cash transactions during an event, a flat fee may be negotiated with JQH ARENA Management in advance of the event.

Bank:

It is the sole responsibility of Permittee to provide any cash needed by the vendor during any and all sales periods.

Display:

The price to be charged for each item to be sold must be clearly displayed and all displayed items must be offered for sale.

Displays shall be located only within locations as specified by Management. Permittee (s) shall not do or permit to be done on the premises of JQH ARENA anything which may tend to injure, mar, or in any manner deface the facility. Displays, posters, signs, etc. may not be taped on windows, walls, railing, etc. or tacked, nailed, hooked, or screwed into any surface of JQH ARENA.

Section 4. Box Office

JQH ARENA operates a full time box office within the JQH ARENA facility. The box office is open Monday through Friday from 10:00 a.m. to 5:00 p.m. and closed on Saturdays, Sundays and holidays (including all University holidays.) Summer hours of operation may be reduced.

JQH ARENA uses a computerized, on-line ticketing system, which accommodates both reserved and general admission ticketing with multiple price levels and multiple discount levels.

All Permittee (s) using JQH ARENA where tickets will be distributed to the general public, either reserved or general admission, will be required to use the JQH ARENA box office.

JQH ARENA will not print tickets in excess of the fixed seating capacity of the theatre for any single event.

Scaling and Prices:

Permittee must provide to JQH ARENA Box Office Manager all information necessary to program the Permittee's event no less the one week prior to the on-sale date.  This information is to include:

  1. House scaling for the event.
  2. Prices including any and all discounts that may or may not be used.
  3. All holds and technical kills.
  4. Copy for the ticket.
  5. Samples of any discount coupons or vouchers.

At the time the Permittee delivers above information, it is strongly urged that the Permittee submit both discounts that will be used and discounts that might be used because once the event prices are programmed they may not be altered and additions may not be made.

On-Sale Date:

Typically, events are planned to go on sale 6 weeks prior to the event.  Any additional on sale lead time will be negotiated with the Permittee.

JQH ARENA box office will not go on sale with the show before a Contract is fully executed.

Points of Sale:

The JQH ARENA box office will sell tickets four ways:

  1. Online: Tickets can be sold via the internet through a third party administrator through the www.missouristatetix.com website. The order will be subject to a handling fee charged per ticket to the customer at the rates determined by the ticketing agency.

  2. Telephone. Tickets can be sold over the telephone and will be subject to a handling charge per order. This charge will be paid by the customer. JQH ARENA accepts MasterCard, Visa, Discover, and American Express for purchases over the telephone. The JQH ARENA box office will not accept reservations because payment is required at the time of the order.
  3. Window Sales. No handling charge is assessed to the customer although the customer may be assessed a credit card transaction fee. JQH ARENA accepts MasterCard, Visa, Discover, American Express, check, and cash for tickets sold at the window. The window will be open during the scheduled box office hours including the day of the event.
  4. Mail. Tickets sold via mail order are subject to a handling charge per order.  This charge is paid for by the customer.  JQH ARENA cannot accept mail orders prior to the on-sale date. If the Permittee wishes to allow mail orders prior to the commencement of the on-sale period, the Permittee must contract for additional weeks in the box office.

A ticketing rate schedule will be provided on request.

JQH Arena Facility Fee:

A two dollar per ticket surcharge will be assessed to all tickets or passes for which an admission price is charged or requested. The surcharge will be assessed on each ticket in a series as well as single event tickets. The surcharge will not be assessed on complimentary tickets, house seats, or artist tickets unless these tickets are exchanged for money.

The facility fee is due whether the tickets are sold directly or indirectly by the Permittee at the JQH ARENA Box Office or at another location. At the time of settlement, Permittee must present JQH ARENA Box Office Manager with an accounting of the tickets sold at locations other than the JQH ARENA Box Office. The facility fee is subject to sales tax which will be deducted at settlement.

The amounts paid toward the facility fee do not constitute receipts from the sale of tickets to performances for any purpose under this Permit such as rental payments or percentage payments due JQH ARENA. All fees collected are subject to taxation.

Seating of Patrons with Disabilities:

JQH ARENA provides accessible seating that serves as part of the capacity. If an event reaches sell-out status, and every other seat in the theatre has been sold, only then will the accessible seating will be available for sale to customers with or without the need for wheelchair access with the advance approval of the Director of JQH Arena.

Included in the above mentioned seats are theatre seats to be sold to companions of persons with disabilities that would be best served by these locations. These seats will not be sold to anyone without special needs until no other seats are available in the theatre.

Settlement:

JQH ARENA will provide a statement accounting for all tickets which were sold, not sold or otherwise distributed to the Permittee. This statement will, whenever possible, be presented to the Permittee within two hours after the closing of the box office for an event.

In the instance where more than one performance is held on any given day, the statements for all performances of that day, whenever possible, will be presented to a Permittee within two hours after the closing of the box office for the last performance of that day.

Representative in the Box Office:

Permittee (s) may elect or be requested by JQH ARENA Management to have one representative in the box office on the night of an event. The Permittee's representative should arrive at the JQH ARENA box office no later than one hour prior to event. Should the Permittee elect not to have a representative present at such time, the Permittee will be responsible for delivering all remaining unsold tickets and paid reservations for the event to the JQH ARENA box office no later than one hour prior to the event.

Exchange/Refund Policy:

  1. For the convenience of JQH ARENA patrons, the box office may make exchanges subject to the following restrictions:
  2. Tickets will be exchanged for the same event only.
  3. Only tickets purchased through the JQH ARENA ticket office will be exchanged.
  4. Tickets must be exchanged in person.
  5. Tickets must be exchanged twenty-four hours prior to the performance.
  6. Patrons will pay a fee for the exchange.

JQH ARENA box office has a no refund policy. The phrase "ALL SALES FINAL" must appear in any advertisement or printed document that mentions the JQH ARENA box office as a point of sale.

Pre-Sale of Seats:

JQH ARENA also requests the opportunity to pre-sell top-level tickets for any event to major donors to the University. These tickets will be sold at the regular price and suggested to go on sale approximately one week prior to tickets going on sale to the general public. All unsold tickets from this allotment will be released for general sales. JQH ARENA requests the right to identify the locations of these seats.

Complimentary Tickets:

Permittee must provide to the JQH ARENA Box Office Manager written authorization for the issuance of complimentary tickets by the JQH ARENA box office. No complimentary tickets will be issued without written authorization. The authorization must be on the Permittee's official document and signed by a duly authorized representative. No substitutions or phone calls will be accepted. It is the Permittee's responsibility to make these arrangements in a timely manner.

Press/Backstage Passes:

The issuance of press passes or backstage passes shall be the responsibility of Permittee (s). In the event Permittee designates the JQH ARENA box office to "hand-out" these passes, it is the Permittee (s) responsibility to provide correct names of recipients.