I'm thinking the way you are. The signed contract says nothing about restricting it what so ever... so I'm not sure if they'll be able to keep us from doing it.I doubt there is a law against flying actors in Colorado but I am not a lawyer nor do I play one on prime-time TV. It would seem odd that touring shows and circuses are banned from performing in the state.
You could ask for the venue which statute(s) prohibit the practice so you can look the law up and familiarize yourself with it. Your hired company ought to know the rules if they are providing the services.
The venue may have their own or school board policies governing the flying of actors, independent of any "law". They may not want the liability, or have legitimate concerns about the logistics of installing and preventing unauthorized use of the equipment.
You need a lawyer, not an engineer or technician. The lessor has made a material change to the agreement by preventing your use of the leased facility in a manner not disclosed in the agreement at the time of signing. If you are unable to come to a new agreement, the lessor could be on the hook for all of the expenses of mounting the canceled production, from contracted services (flying; sound/lighting/set design; hiring or building costumes, publicity and promotion, actors & musicians, etc) or the costs of relocating the production to a more suitable facility.
It sounds to me like a middle bureaucrat playing Cover My Arse because the lessor didn't perform due diligence and now the lessor is having "seller's remorse" because of the potential liability.
I know as a venue manager, I'd want to see the set design, as well as a rigging and flying plan, and stay in clear communication with your group's technical director as well as the flying company's representative, to make certain everything comes together smoothly. Eight days is a little close (I'm more of a "One month out, this is what I need to see" sort of guy, myself) but at least they're giving you time enough to clarify your plan and provide any documentation required.
As a school venue, if flying was not discussed before the rental and I just found out with 8 days before load in I would put my foot down as well until I had more information. But then again, I would have had several conversations before hand to try to ensure this kind of thing doesn't happen. A venue can't be expected to specifically list all the things that are not allowed can it? Some of these things have to be at the discretion of the AHJ and if you fail to disclose that you intend to hire a performer flying company until a week before your rental you can't be surprised that they are quick to shut it down.
Something like this almost certainly needs to go through the district insurance people, and most things in schools don't go quickly.
So is it illegal, probably not. Are there a lot of I's to dot and T's to cross to make it happen, absolutely. Can all of that be done in 8 days? Can the roof of the building handle the load?
I very much agree with Matt on this one. If this was dropped on me last minute, I would really have to scramble and get people to work with me to make it happen. Take What Rigger's advice and get the flying company talking to the venue, that is pretty much the best course of action if you want this show to happen with flying.
By the Way, How on earth did you get a flying company to sign on and design a system for you without the venue knowing?
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