Missouri State University

Article V. General Policies

Section 1. Obstructions

No portions of sidewalks, entrances, passages, vestibules, halls, elevators, or means of access to public utilities of JQH ARENA or its premises shall be obstructed or caused to be obstructed by Permittee (s), or caused or permitted to be used for any purposes other than ingress and egress to and from JQH ARENA or its premises. The doors, stairways, or openings that reflect or admit light into any portion of JQH ARENA building, including the hallways, corridors, passageways, house lighting attachments, and radiators, shall in no way be obstructed by Permittee (s). The toilet fixtures and other water apparatus shall not be used for any purpose other than that for which devices were constructed and no sweepings, rubbish, rags, papers, or other substances shall be thrown therein. Any damage resulting from any misuses of any devices or other similar equipment belonging to JQH ARENA shall be paid for by Permittee as is responsible for the person having caused or otherwise been directly involved with the damage.

Section 2. Parking

Car Parking:

JQH ARENA does not control nor can it provide parking for Permittee (s) or the staff and patrons of Permittee (s). The granting of a Contract to use JQH ARENA shall in no way obligate JQH ARENA to provide parking for Permittee (s). The parking lots in general proximity of the Arena are typically available for general parking during the Permittee’s event, any other JQH ARENA event, any event taking place at Hammons Student Center or Juanita K. Hammons Hall for the Performing Arts.  Any other time, a parking permit is required to park in the parking garage.  Please note that any individual who does not display a hang tag may receive a parking ticket at any time. JQH ARENA is not responsible for any parking ticket a Permittee receives while parking in an MSU/JQH ARENA parking lot. To acquire a visitor’s pass for parking, please contact MSU Parking Administration at 417-836-4825.

Truck Parking/Loading Dock Use:

Trucks carrying equipment to be used by a Permittee in conjunction with an event for which a Contract has been granted may be loaded and unloaded at the JQH ARENA loading dock. However, the JQH ARENA schedule may not permit trucks to be parked at the dock after unloading. Special arrangements must be made in advance with the JQH ARENA Director for permission to park trucks on the loading dock when not loading or unloading. In the absence of special permission, it shall be the responsibility of Permittee (s) to find, at their own expense, suitable parking space elsewhere for trucks.

In addition, no vehicles of any kind belonging to Permittee (s) or their representatives or employees may be parked at the JQH ARENA loading dock without similar special arrangements having been made in advance with the JQH ARENA Director.

In any case, if a vehicle is not removed from the loading dock area within twenty-four hours of the strike of the show, the vehicle may be subject to ticketing and/or towing.

Section 3. Lost Articles

The Management of JQH ARENA or his/her designated representative shall have the sole right to collect and to have custody of articles left in JQH ARENA by persons attending events presented in JQH ARENA. Permittee (s) and any other persons in a Permittee's employ or control shall not collect nor interfere with the collection or custody of lost articles.

Where lost articles can positively be identified to be the property of a Permittee, its employees, or others under its control, JQH ARENA Management will make every effort to reunite lost articles with their owners; provided, however, that the JQH ARENA will not be responsible for incurring any costs for shipping lost articles to the owners. After a reasonable period of time (not less than five days), all unclaimed articles shall become the property of JQH ARENA to do with or dispose of as its representatives shall deem fit.

Please note that the Lost and Found is located in the Guest Services area.

Section 4. Flammable Materials

No flammable materials such as bunting, tissue paper, crepe paper, etc., will be permitted to be used for decorations and all other materials used for decorative purposes must be treated with a flame proofing substance and approved by the Fire Department. Open flames in any area of the building are strictly prohibited regardless of how the flames are fueled unless approved in advance and in writing by the Fire Department.

Permittee (s) shall obtain all permits and licenses required by the laws, ordinances, rules, and regulations referenced in Article VI, Section 18, hereof including licenses to use pyrotechnic materials to include, but not limited to flash pots, concussive pots, sparklers, and open flames. JQH ARENA Management has the right to require Permittee to furnish satisfactory evidence that all required licenses are obtained.

Section 5. Storage

In the receipt, handling, care, or custody of property of any kind shipped or otherwise delivered to JQH ARENA either prior to, during, or subsequent to the use of JQH ARENA by a Permittee hereunder, JQH ARENA and its officers, agents, and employees shall act solely for the accommodation of the Permittee and neither JQH ARENA nor its officers, agents, or employees shall be liable for any loss, damage, or injury to the property.

Section 6. Recording and Broadcasting

Recording and Broadcasting:

No event presented in JQH ARENA may be broadcast, videotaped, recorded, or otherwise reproduced without the prior written consent of the JQH ARENA Management or his/her designated representative. The Permittee having obtained consent shall ensure that JQH ARENA and its staff receive proper audio and/or video credit. Credit must include the statement "performed at the JQH Arena on the campus of Missouri State University".

Royalties:

Tapes of events broadcasted, videotaped, or recorded at JQH ARENA, which are sold or rented by Permittee within one year of the date of the performance, may be assessed a 15% commission of gross sales after taxes.

Section 7. Tobacco Use

The use of any tobacco products is prohibited on any buildings and ground of Missouri State University to include JQH Arena. The University tobacco use policy shall prevail as a governing policy.

Each Permittee shall be responsible for enforcing tobacco use regulations during the time the Permittee is utilizing JQH ARENA pursuant to a fully executed Contract.  The failure on the part of a Permittee to enforce these regulations with its personnel shall constitute a breach of the Permittee's Contract and may, at the sole option of Management, be deemed cause for the termination of a Contract in which case all advance deposits previously paid shall be presumed to be damages sustained by JQH ARENA and the deposits shall become the property of JQH ARENA and shall not be refunded. Failure may also adversely affect the ability of Permittee to obtain future Contracts for the use of JQH ARENA.

Section 8. Loading Entrance

All articles, exhibits, fixtures, materials, displays, etc., relative to an event to be presented at JQH ARENA shall be brought into or taken out of JQH ARENA only at the entrances and exits as may be designated by JQH ARENA Management or such person's designated representatives.

Section 9. Utility Connections

Unless otherwise authorized in advance and in writing by the JQH ARENA Management or his/her designated representative, all plumbing, electrical, or carpentry work required to be done in or on the premises of JQH ARENA in conjunction with a Permittee's use thereof, and all electrical current required for the Permittee's use shall be done or furnished by JQH ARENA or its authorized representative for which the Permittee shall pay JQH ARENA on the basis of time and materials.

Section 10. Stage Entrance

JQH ARENA stage doors are located at the loading dock. Except as otherwise authorized in advance by JQH ARENA Management or his/her designated representative, all performers, technicians, and other personnel directly associated with a Permittee's event are to use the stage door when entering and leaving JQH ARENA.

A Permittee must, upon request by Management, provide a list of all personnel who will be authorized to use the stage door during the Permittee's event. This list should be confined to only those persons actually operating in a functional capacity for the Permittee insofar as permission to enter the backstage and dressing areas will be denied to relatives, friends, and all other unauthorized personnel during both rehearsals and performances. Upon making special arrangements with JQH ARENA Management or his/her designated representative, some Permittee (s) may be issued backstage passes for those personnel who must be frequent users of the entrance.

Section 11. Seating Capacity

Seating Capacity:

No Permittee shall print, sell, or distribute or permit to be printed, sold, or distributed tickets in excess of the fixed seating capacity of the theatre of JQH ARENA. The capacity shall be determined by JQH Arena management based on seating available for the event as dictated by technical applications and other considerations.

Non-Ticketed Events:

Concerning events for which no tickets are printed, sold, or distributed, it is the responsibility of the JQH ARENA Director to ensure that the maximum capacity of the theatre being used by the Permittee is not exceeded by the attendees of the event. The JQH ARENA Director will have the sole right to determine when JQH ARENA's capacity has been met and to close the theatre doors when capacity has been met.

Seating of Patrons with Disabilities:

JQH Arena features specially designated areas for the seating of persons with disabilities exist and allow the best possible seating while also allowing for the safest and quickest egress from the theatre. It is the responsibility of each Permittee to inform its patrons with disabilities that areas are available and that, in the case of individuals using wheelchairs or whose mobility is otherwise restricted, patrons will be requested to utilize the designated areas for the maximum protection of all concerned Also, the above mentioned seats will be reserved for these patrons on all general admission shows. It is the responsibility of the JQH ARENA Director to reserve this seating and the JQH ARENA usher staff to seat these individuals.

Section 12. Objectionable Persons

JQH ARENA Management reserves the right to eject or cause to be ejected from the premises of JQH ARENA any objectionable person or persons; provided, however, that neither JQH ARENA nor any of its officers, agents or employees shall be liable to any Permittee for any damages that may be sustained by Permittee subsequent to the exercise of this right by JQH ARENA Management or his/her designated representative.

The term "objectionable persons" shall include (but not be limited to) persons who by virtue of disorderly conduct, drunkenness, disruptive behavior, violation of JQH ARENA policy, city, state, or federal law, make the normal and proper conducting of business or an event or the enjoyment by others of the event difficult or impossible.

Section 13. Animals

Animals, other than service animals, will not be allowed in JQH ARENA for any reason other than for use in a production such as rodeos or circuses. In the event animals in any number are required for a production, animals will only be allowed in JQH ARENA for such time as they are required to participate in any rehearsals or performances, and then only with the prior written approval of the JQH ARENA Director.

Section 14. Forbidden Acts and Substances

A Permittee will not do or permit to be done anything in or upon any portion of the premises of JQH ARENA or bring or keep anything therein or thereon which will in any way conflict with the conditions of any insurance policy upon JQH ARENA or any part thereof, or in any way increase any rate of insurance upon JQH ARENA or on property kept therein. Nor shall a Permittee, without prior written consent from the JQH ARENA Management or his/her designated representative, store or operate any engine or motor or machinery on the premises of the JQH ARENA or use oils, burning fluids, camphene, kerosene, naphtha, or gasoline for either mechanical or any other purposes.

Section 15. Compliance with Laws

All Permittee (s) shall comply with all laws of the United States, the state of Missouri, all ordinances of the city of Springfield, and all rules and regulations established by any authorized officer or department of MSU.

Section 16. Licenses

Permittee (s) shall obtain all permits and licenses required by the laws, ordinances, rules, and regulations referenced in Article VI, Section 18, hereof including licenses to perform all copyrighted material. JQH ARENA Management shall have the right to require any Permittee to furnish satisfactory evidence that Permittee has obtained all required licenses including, but not limited to BMI, ASCAP, State of Missouri Department of Athletics and fire permits.

Section 17. Insurance

The Permittee shall procure and maintain in full force during occupancy of JQH ARENA, including load in and load out, a policy of public liability and property damage insurance in comprehensive general liability form, in amounts of bodily injury $300,000 each person, $2 million aggregate, for coverage of occurrences from which the University, its officers and employees are not immune under the doctrines of sovereign, official and governmental immunity. Said policy shall also provide for a 10 day notice to the Auditor’s Office, MSU, prior to cancellation. The Missouri State University Board of Governors, JQH ARENA, and Permittee shall be named as insured on said policy. Permittee agrees to furnish and place on file with JQH ARENA no sooner than thirty (30) days prior to the first date of use either a copy of said policy or a certificate that a policy of insurance has been issued, the same to be subject to approval by JQH ARENA. The obtaining of insurance or the furnishing of evidence of insurance by Permittee as provided in this section shall not in any way relieve Permittee from any of the obligations, liabilities, assumptions, responsibilities or other contractual duties referred to in this Contract, regardless of the coverage mentioned in such insurance or in the terms of the policy or policies involved.

Section 18. Right to Alter Policy Manual

JQH ARENA may, on behalf of MSU, change, alter, amend, or delete any or all of the articles and/or sections of this Operations Policy Manual at any time without prior notice.

Section 19. Interruption or Termination of Event

JQH ARENA shall retain the right to cause the interruption of any event in the interest of public safety, and to likewise cause the termination of such event when in the sole judgment of JQH ARENA such act is necessary in the interest of public safety.

Section 20. Evacuation of Facility

Should it become necessary, in the sole judgment of JQH ARENA, to evacuate the premises because of threatening conditions or for other reasons of public safety, the Permittee will retain possession of the premises for sufficient time to complete presentation of the activity without additional rental charge providing such time does not interfere with another Permittee. If at the discretion of JQH ARENA Management it is not possible to complete presentation of the activity, rental fee shall be forfeited, prorated, or adjusted at the discretion of JQH ARENA Management based on the situation, and the Permittee hereby waives any claim for damages or compensation from JQH ARENA

Section 21. Schedule of Charges

Rent:

Rental rates are available in the JQH Arena Rate Sheet

Taxes:

Missouri sales tax rate is currently 7.6% per $1.00. Non-resident promoters and / or artists will be responsible for payment of a 2% MO-2ENT entertainment tax.

Section 22. Refusal to Rent

JQH ARENA Management shall refuse to rent the facility for any event, activity, or performance if the Management reasonably determines that the event, activity, or performance or the anticipated audience response to the event, activity, or performance may cause damage or the unusual risk of damage to the facility or its patrons.

Section 23. Non-Discrimination Statement

Missouri State University is a community of people with respect for diversity. The University emphasizes the dignity and equality common to all persons and adheres to a strict nondiscrimination policy regarding the treatment of individual faculty, staff, and students. In accord with federal law and applicable Missouri statutes, the University does not discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, disability, or veteran status in employment or in any program or activity offered or sponsored by the University. Prohibited sex discrimination encompasses sexual harassment, which includes sexual violence. In addition, the University does not discriminate on any basis (including, but not limited to, political affiliation and sexual orientation) not related to the applicable educational requirements for students or the applicable job requirements for employees.

This policy shall not be interpreted in a manner as to violate the legal rights of religious organizations or military organizations associated with the Armed Forces of the United States of America.

The University maintains a grievance procedure incorporating due process available to any person who believes he or she has been discriminated against. Missouri State University is an Equal Opportunity/Affirmative Action/Minority/Female/Veterans/Disability employer. Inquiries concerning the grievance procedure, Affirmative Action Plan, or compliance with federal and state laws and guidelines should be addressed to the Equal Opportunity Officer, Office for Institutional Equity and Compliance, 901 South National Avenue, Springfield, Missouri 65897, equity@missouristate.edu, 417-836-4252, or to the Office for Civil Rights. (Res. Board Policies No. 70-11; Bd. Min. 10-28-11.)