Rules

“Spring in the Mountains” by Robert Johnson. An original mural located on the Town Center near the parking lot.

General Uses

Use of the Burnsville Town Center is primarily for community enrichment focusing on cultural and economic growth. Though some events are organized by the Town of Burnsville, the facility is chiefly supported by individuals organizing events, meetings, concerts, etc. The Town Center is here for you so browse through and be inspired to develop your own event.

 

Facility Rules & Regulations

There are two typical uses of the Burnsville Town Center: Private and public events. Most of the following items refer to public events, though some apply to private users of the Burnsville Town Center. Call (828) 682-7209 for more details.

1. Scheduling and Reservation:

  • All requests must be submitted to the Burnsville Town Center Director for approval.
  • Requests must give a detailed description of the event, type of decorations used, set-up diagram, catering information, and facility equipment needed.
  • Events will be scheduled on a first come, first serve basis.
  • A pre and post event inspection of rented areas will be conducted for damage with the renter.  Failure to comply with this procedure will forfeit any right to contest damage.
  • All permanent tenant applicants are required to pay in full upon the acceptance of the contract by the Town Center.  Permanent tenants are given a discounted rate.  The Center reserves the right to bump the event if needed for a client paying full rental rate.
  • When requesting a specific time for an event, applicants should include the necessary time for set-up and breakdown procedures.
  • Applicants will be notified in writing regarding approval or decline of facility usage.

2. Decorating Guidelines:

  • Any and all decorations will require approval from the Facility Director prior to implementation.
  • Do not attach anything, by any means, to any surface without approval.
  • The use of tape or decals on walls, floors, partitions, doors or windows is strictly prohibited
  • The use of nails, brads, screws or other driven fasteners is prohibited.  Tacks may be used only in certain areas and only with approval from the facility director.
  • The use of hay, straw, or other organic material that may harbor vermin is strictly prohibited.  Area C and Farmer’s Market section is exempt from this policy.
  • No tables or chairs may be removed from other rooms without the permission of The Town Center staff.
  • All articles for your event must be removed at the close of your event.
  • The Town Center staff must approve all delivery of rented/other items for your event.
  • No banners, mirror balls, or other items are to be hung from the ceiling without approval from the Director.  Notify the Director of any banners needing to be suspended.
  • No open flames are permitted in the facility.  Candles, floating candles, and candelabras will be approved at the discretion of the Town Center.
  • The usage of fog and smoke machines must be approved prior to the event.
  • No rice throwing during wedding receptions is allowed.  Birdseed is permitted outside only.
  • To prevent escape to the ceiling, helium filled balloons and similar objects must be secured.
  • Confetti and glitter is not allowed.
  • Currently, the Town Center does not offer in house decorating services.  All decorating arrangements must be made by the applicant and approved by the Facility Director.

3. Catering Guidelines:

  • Caterers, whether arranged by the facility or by the applicant, must attend a mandatory meeting with the applicant and Director regarding the kitchen and concession area.
  • Any contract for food or beverage provisions are made by the client directly with the caterer unless otherwise noted.
  • The Town Center reserves all rights for all coffee breaks and concession services.
  • All food and or/beverages served, offered and/or sold on any part of the Center’s premises must be provided and served by a caterer or organization who has met the requirements and entered into a signed agreement with the Burnsville Town Center.
  • Caterer must clean kitchen and concession area following the completion of their services.  Although janitorial services are provided, basic clean up will be expected.  A checklist for caterers will be provided regarding kitchen and concession area policies as well as a cleaning checklist.

4. Prohibited Items include, but are not limited to:

  • Weapons of any kind
  • Illegal drugs/substances
  • Animals (except service animals)
  • LP gases (i.e. propane and butane)
  • Untreated Christmas trees, cut evergreens, or similar trees
  • Fireplace logs and similar materials
  • Charcoal
  • Untreated mulch and Spanish moss
  • Hay and Straw

5. Deposit/Default:  $100 security deposit and 50% of total amount due shall be used as a deposit to hold the facility.  The user shall receive:  100% of the deposit if the event is cancelled thirty days prior to the event.  If cancellation of reservation is made after the thirty-day period, and the Town Center is unable to re-lease the space, the Town Center reserves the right to retain the security deposit and paid funds as liquidated damages.  The remaining 50% of total amount due must be received no later than fourteen days prior to the event.  If the remaining amount due is not received within fourteen days of the scheduled reservation, the Burnsville Town Center reserves the right to cancel the event and retain the $100 security deposit and 50% of total amount due for liquidated damages.

6. Return of Contract :  Date(s) requested by the user are not considered firm until the Burnsville Town Center approves the event(s) and the user returns a signed contract accompanied by the required deposit. Failure to comply automatically cancels the user’s arrangements made with the Burnsville Town Center.

7. Provided Services :  (a.) Heating/cooling, (b.) House lighting, (c.) House sound system (excluding engineer which must accompany any and all events utilizing house sound system), and (d.) minimal janitorial services.  All other expenses incurred by the Burnsville Town Center will be billed to the User.  All rates are subject to change at any time.  Prior to incurring any special expenses of a substantial nature, the Burnsville Town Center will confer with the user.

8. Damage to the Burnsville Town Center:  User shall be responsible for the payment of any and all damages to the building, furnishings, equipment, grounds, etc. whether caused by the User or his patrons; normal wear and tear excluded.  Payment for the repair or damage to the premises shall be at the expense of the user.

9. Gated Ticketed Events and Expo Events:  The Burnsville Town Center reserves the right to 10% of all gross ticket sales for any and all ticketed events.

Ticket Sales:  Ticket sales for events not sponsored by the Town of Burnsville can be facilitated through the Burnsville Town Center.  User will assume the manufacturing and printing expenses of the tickets and will be charged a 5% fee in addition to the 10% gross ticket sale allocation.  All funds derived from ticket sales facilitated by the Burnsville Town Center for events not sponsored by the Town of Burnsville will be deposited with Town of Burnsville Finance Department.  These funds will then be dispersed to the sponsoring organization no later than fifteen business days following the event.  All checks accepted for ticket sales that are returned due to non-sufficient funds will be charged a $25.00 fee.  Organizations and individuals requesting the Burnsville Town Center to facilitate the ticket sales also have the option of selling tickets outside of the Burnsville Town Center at additional agency locations.  The Burnsville Town Center assumes no liability for outside ticket sales; therefore, user accepts all responsibility for collection of funds from such agencies and will be liable to the Burnsville Town Center for ticket sale percentages for all tickets sold through such outlets.

Expo Events:  The Burnsville Town Center reserves the right to charge a booth fee for vendors during expo events and charge an entrance fee at the door.

Complimentary Tickets:  User agrees to make ten (4) complimentary tickets available to the Burnsville Town Center.

Control:  Control of ticket sale receipts will remain exclusively with the Town Center Facilitator who will deposit all funds with the Town of Burnsville Finance Department.  All tickets sold by the Burnsville Town Center must be dispensed by authorized Town Center personnel only.  Ticket sale receipts and early cash receipts will be made known, upon demand, to the User or User’s representative only.

10. Advertising:  User shall not advertise any event to occur at the Burnsville Town Center prior to the signing and approval of this contract, or until all contracts between all parties have been properly executed and exhibited to the management prior to the signing of this contract.

11. Rehearsal & Set-up:  Access to the facility for purposes of rehearsal and/or set-up is limited to the block of time for which the facility is rented.  Additional time may be secured prior to the event, if available.

12. Technical Requirements:  The reservation packet, completed and submitted by the potential User, should include all technical requirements, plans, ideas, and program content pertaining to the event.  All equipment brought in by the User will be inspected by management for possible safety violations, and the management will have the final approval and authority for the use of such equipment.  Technical information from the producer to the management shall be firsthand.

13. Staffing:  The management shall secure and the User shall pay at the current hourly rates for all necessary staffing, including security, parking attendants, housekeeping, technical assistance, management, ushers, and ticket sales.  The Burnsville Town Center staff reserves the right to determine the appropriate number of security and staff personnel necessary to serve and protect the public.  These costs shall be considered reimbursable to the Burnsville Town Center and shall be covered by all such references, including advance payment and ticket receipt lien.  Stagehands, musicians, and other performance personnel will be included in this category by mutual agreement.  Such performance personnel may involve volunteers, but in the event that volunteers are not available, the management reserves the right to call in outside assistance to help meet event requirements.  No other personnel shall be used.

14. Concession Sales:  It is the policy of the Burnsville Town Center to permit the sale of souvenir programs, records, CD’s, books, or related merchandise commonly sold or dispensed in the foyer and auditorium only from two to three tables provided.  If such items are sold, the Burnsville Town Center reserves the right to charge a 15% house commission payable at the end of the event.  If the Burnsville Town Center provides the sellers, the house commission is 25%.  The Town of Burnsville and Town Center staff reserves the right to serve concessions at any event.  The Town of Burnsville and Town Center staff maintains the first right of refusal regarding concession sales and usage.  Concession sales shall consist of pre-packaged food, and drinks.  When concessions are sold, bottles with lids are preferred.

15. Seating Capacity:  Persons will not be permitted inside the auditorium or other areas in excess of the established seating capacity.  The management may be present to see that these guidelines and rules are carried out, and the Facility Director has the undisputed authority to delay the start of any performance, or if need be, to stop it at any time if any infraction of these rules are apparent.

16. Control of Building:  The Burnsville Town Center shall be at all times under the control of the management.  The right is reserved at all times for any and all employees of the Burnsville Town Center to enter the premises.  The house is not opened, nor does an event begin, without the express permission of the management.

17. Opening Hours:  It is the policy to open the facility thirty (30) minutes prior to the start of any event.

18. Recording:  User agrees that no recording, visual or audio, will be made of the event covered by this contract without prior written approval from the management.  The Burnsville Town Center has the right to record any event solely for Town Center records.  This regulation applies to devices such as and including tape recorders, cameras, video cameras, and any related technology.

19. Copyright License:  User will hold the Burnsville Town Center harmless against any and all claims, demands, costs, and expenses that the Town Center may sustain or incur by reason of infringement or violation of any copyright or proprietary right, including attorney’s fees reasonably incurred in the defense of any such claims or demands related to the event.

20. Additional Regulations:  The Burnsville Town Center reserves the right to impose any additional rules or regulations, or to set special use arrangements, whether or not expressly provided herein, which may be necessary for the best interest of the Burnsville Town Center; and such regulations shall be binding upon the User.  All Users shall comply with the laws of the United States of America and the State of North Carolina and with all ordinances, rules, and regulations of Yancey County and the Town of Burnsville, and any regulations imposed by the Mayor and Town Board.  Violation by the User will result in the cancellation of their contract.

21. Abandoned Equipment:

  • Any article or equipment remaining at the Town Center past the expiration of the license period may be considered abandoned and may be disposed of by the Town Center as deemed necessary at the group’s expense.
  • The Town Center will assume no responsibility for losses suffered by the group, it’s agents, servants, employees, or guests.
  • The Town Center reserves the right to collect and have custody of any articles left on the premises by the attendees and provide disposition thereof

22. Electrical Equipment

  • Wall and permanent utility outlets are not part of a booth space and are not to be used by exhibitors unless specified otherwise and at the discretion of the Town Center Director.
  • All equipment must comply with all federal, state, and local codes.
  • Exhibitors are expected to provide their own extension cords (UL approved utility cord.)
  • All Town Center equipment must be signed for and returned to a member of the staff following completion of project.  Any damage to Town Center equipment will result in additional expense and/or forfeiture of security deposit

23. Sound Equipment

  • The soundboard area and lightning control panel is strictly off-limits.
  • When requesting the usage of the sound system, an approved technician of the Town Center is required to be present.  The soundboard and lighting system can only be operated by an approved technician of the Town Center.
  • The sound equipment is offered as one package.  When utilizing the sound equipment, the operator fee will be included in the charge.

24. Indemnification to Hold Harmless:  User agrees to indemnify and hold the Burnsville Town Center and the Town of Burnsville harmless from any and all liability, including attorney’s fees arising from any claim or demand resulting from the use of the facility or property by the User or its agents.

 

25. Operation Policies and Procedures and Fee Schedules:  The Burnsville Town Center and Town of Burnsville have adopted operating policies, procedures, and fee schedules, which are set forth in the related documents.  The Burnsville Town Center reserves the right to amend the operating policies, procedures, and fee schedules.

26. Sound System / PA: Sound system rental is $75. More elaborate sound requirements may require the hiring of an additional sound technician.  An approved Burnsville Town Center operator must be used.