Facilities Terms & Conditions of Hire

Definitions

Authorised Person means a council employee who has been duly authorised or whose duties and responsibilities include administration of Council’s Facilities.

Booking means an agreement between the Hirer and Council to use a Council Facility.

Booking Date means the commencement time of the Hire Term.

Call-Out Fee means the amount payable by the Hirer to Council (in accordance with Council’s fees and charges) in respect to after-hours attendance at the Facility by Council.

Cancellation Fee means 100% of the Hire Fee payable by the Hirer to Council for cancelling the Booking within 24 hours of the Booking Date.

Casual Hirer means any person or group of persons (not being a sporting body, club, association, corporation or incorporated body), who hires a Council Facility for a non-commercial or non-profit making purposes, less frequently than once per calendar month or 12 days per calendar year.

Collection Fee means the amount payable by the Hirer to Council (in accordance with Council’s fees and charges) for failing to collect the key within Council business hours prior to the Booking.

Conditions of Hire means these terms and conditions that apply to a Booking and includes reference to any other requirement, specification or information referred to in this document,

Council means Tablelands Regional Council ABN 77 642 342 175 including its employees, agents and invitees.

Declared Disaster means Declaration of a Disaster Situation. The formal procedure to enable declared disaster powers under the Disaster Management Act 2003 (s64-s69) as required. Specific powers may be used to prevent or minimise loss of life, injury or damage. Declaration of an Emergency Situation.

Essential Terms means clauses 2, 4, 8, 10

Facility includes the land, buildings, property, improvements, equipment, fixtures, fittings, stock and services Council offers for hire.

Facility Capacity means the maximum seating capacity as determined in the Facility Information.

Facility Information means information relating to the Facility.

Hire means the hire of the Facility for the Permitted Use, for a Hire Fee.

Hirer means an adult, Responsible Person or other legal entity that enters into an agreement with Council to hire the Facility.

Hire Fee means the fee payable by the Hirer to Council for the Permitted Use of the Facility.

Hire Term means the period between the commencement and expiry dates and times, as stated in the Hirer’s application.

Inclusions means goods, chattels or any other property either owned or used by the Hirer, or their invitees, that is brought onto the Facility during the Hire Term.

Permitted Use means use of the Facility for the purpose described in the Hirer’s application and approved by Council.

Responsible Person means a person who is aged 21 years or older who will undertake supervision during the Hire Term and assumes responsibility for, and is subject to, these Terms and Conditions.

Security Bond means a surety paid to Council to guarantee the performance of the Hirers obligations under these Conditions of Hire.

Signage includes but is not limited to notices, signs, advertisements, stage property, electrical lighting, naked lights, fittings, decorations or items of a similar nature.

Application

  • A proposed Hirer is required to lodge an application with Council at least 48 hours prior to using the Facility.
  • Hirers who are adults under the age of 21 years, must have the application form signed by a Responsible Person.
  • Use of the Facility is subject to Council approving the application.

Hire fee and security bond

  • The Hall Hire Fee/Security Bond will be determined in accordance with the Council’s fees and charges schedule and must be paid by the Hirer at the time of the Booking.
  • Bookings will not be approved until payment of the Hire Fee and where relevant a Security Bond is received in full by Council.
  • The Security Bond Refund will be processed by Council within (2) weeks of the use of the Facility.
  • Where a Hirer incurs a fee or otherwise fails to comply with the Conditions of Hire, Council may retain the Security Bond in full.
  • Clause 2 (d) does not preclude Council from exercising any other rights under these terms and conditions to claim for damages or loss resulting from the Hirers failure to comply with the Conditions of Hire.

Cancellation of Booking

  • The Hirer must advise Council of any Booking cancellation at least 24 hours prior to the Booking Date, otherwise a Cancellation Fee will apply.
  • The Hirer acknowledges that if the Booking be cancelled within 24 hours prior to the Booking Date, that it will have no claim against Council either at law or in equity for any actual or consequential loss or inconvenience.
  • Council reserves the right to cancel bookings.

Hirer obligations

  • The Hirer occupies and uses the Facility at the Hirer’s The Hirer acknowledges that no promise, representation, warranty or undertaking is, or has been given by or on behalf of Council that the Facility is suitable or adequate for the Permitted Use.
  • If the Hirer fails to comply with any of the Hirer’s undertakings referred to in ‘Schedule 1’ (attached), Council reserves the right to recover reasonable costs as a debt payable on demand.
  • Additional consumables are to be supplied by the Hirer, including but not limited to soap, hand towels and toilet paper.
  • The Hirer must not exceed the Facility Capacity.
  • The Hirer must not use any electrical equipment that overloads the Facility’s cable switchboards or sub-boards. All electrical appliances or equipment intended to be used by the Hirer must be appropriately tested and tagged by a qualified person.
  • The Hirer, or any of their invitees, must not engage in obscene, insulting or disorderly behaviour in or around the Facility during the Hire Term.

Key/Swipe Card Collection & Return

  • It is the responsibility of the Hirer to:
    • collect the keys within Council business hours prior to the Booking.
    • Return the Facility keys to Council within 24 hours after the Booking. For information where the keys can be collected/returned, refer to the Facility Information.
  • If the Hirer fails to collect the key in accordance with (a)(i), then the Hirer must pay a Collection Fee.
  • If the Hirer fails to return the key in accordance with (a)(ii), then Council may, at its sole discretion, recover the cost of replacing locks and keys of the Facility;

After hours call out fee

  • If an after-hours call-out is required, then Hirer is required to pay a Call-Out Fee.

Signage/Inclusions

  • No Signage is permitted to be attached or affixed to the walls, doors, fittings, furniture or any part of the Facility without the prior consent of Council.
  • The Hirer will remove all Inclusions brought onto the Facility at the end of the Hire Term.
  • The Hirer acknowledges that Council will not be held liable for any Inclusions brought on the Facility that may be lost, damaged or stolen.

8. Damage

  • The Hirer must not damage floors, walls, curtains, fittings, furniture or any other part of the Facility. Piercing nails, screws or any similar fixing or fasteners into any part of the Facility is not permitted.
  • Council reserves the right to recover reasonable costs from the Hirer for any damage to the Facility caused by the Hirer, or their invitees.

9. Emergency and fire safety

  • Evacuation plans are located on the wall of the Facility. The Hirer must familiarise themselves with the evacuation plans, emergency exits, firefighting equipment and emergency assembly area identified at the Facility.
  • The Hirer, or a delegate appointed by the Hirer, must act as the Emergency Evacuation Coordinator in the event of an emergency.

10. Public Liability Insurance

  • Council has in place a Public Liability Insurance Cover for Casual Hirers of Council facilities only.
  • The Hirer other than a Casual Hirer, must take out and keep current during the period of hire Public Liability Insurance policy, insuring for a sum of not less than $10 million dollars (unless otherwise advised by Council) the Hirer against all actions, costs, claims, charges, expenses and damages whatsoever which may be brought or made or claimed against the Council or the Hirer arising out of or in relation to the hiring arrangement.
  • Proof of this policy must be provided to Council by way of a Certificate of Currency, annexed to this agreement, forming part of the agreement.
  • The certificate of currency must include Tablelands Regional Council as an interested party. Until Council receives the proof of cover, permission to use the Facility will not be granted.

11.  Assignment and sub-licensing

  • The Hirer will not assign, sub-licence or permit any person or persons to occupy or use any part of the Facility at any time during the Hire Term.

12. Termination

  • A breach of an Essential Term will give rise to termination of the agreement between the Hirer and Council.

13. Indemnity

  • The Hirer agrees to indemnify, and keep indemnified, and to release and hold harmless the Council, its employees and agents, and each of them from and against all actions, claims, charges, costs, expenses and damages whatsoever which maybe brought, or made, or claimed against them, or any of them, arising out of, or in relation to hiring the Facility.
  • The Hirers obligation to indemnify Council referred to in Clause 14 a) survives Termination.

14. Governing law and observance

  • The Hirer must observe, perform and fulfil all the requirements of any Local, State and Federal legislative and statutory requirements including without limitation all orders, ordinances, regulations, requirements, notices, by-laws, codes of Australian Standards by any public body authority relating to the Facility or the Hirer’s Permitted Use of the Facility.
  • Any person deemed to be in breach of such regulations will be removed from the Facility.

Schedule 1

The Hirer will undertake the following:

General:

  • Sweep out the buildings and toilets
  • Neatly stack all chairs and place all tables inside the building and place in the designated location
  • All toilets are to be left in a clean condition
  • All lights are to be turned off except for night and emergency lighting
  • All doors and windows are to be locked
  • All decorations are to be removed
  • Signs, posters and equipment, if removed, are to be replaced
  • Stage areas, if used, are to be swept and left clean and tidy
  • Drawing pins, nails and staples are not to be used on walls or on tables
  • All missing stock, breakages or damaged property is to be reported by and paid for by the Hirer
  • A Copy of all approval and permits required to be obtained under the Conditions of Hire must be provided to Council or be available for inspection upon request by an Authorised Person
  • Council is indemnified against all claims and injury to persons or property resulting from the use of hiring the Facility.
  • Tables, chairs and any other equipment is NOT to be removed from the hall
  • All food scraps and other rubbish is to be taken away from the premises to the nearest refuse tip – MUST NOT BE LEFT IN BINS OUTSIDE THE BUILDING

Bar/Kitchen areas:

  • All rubbish be removed from the premises and disposed of at a transfer station or landfill site;
  • Fridge is to be left in clean condition;
  • Bar area and tables to be wiped down;

Electrical equipment:

  • The Hirer must not use any electrical equipment in the Facility that overloads the cable switchboards or sub-boards through which electricity is conveyed to or through the Facility.
  • All electrical appliances or equipment brought in by the Hirer must be tested and tagged by a qualified person.

 Good order

  • The Hirer will be responsible for the full observance of these conditions and for the maintenance and preservation of good order of the building throughout the whole duration of the period of use.
  • No spitting, obscene or insulting language or disorderly behaviour or damage to property will be permitted in any part of the Facility.

 Piano

  • Any movement of pianos must only be done with the approval and supervision of an Authorised Person.
  • If a movement of the piano is authorised, the cost of such returning is at the cost of the Hirer.
  • Should Council have to return the piano to its original position on the stage when it has not been authorised, Council will make appropriate arrangements and the cost paid by the Hirer.

Decorations and Stage fittings

  • The Hirer must ensure that any stage equipment, furniture, decorations, electric lighting, or articles of similar nature does not cause damage to the Facility. All such articles and property together with any catering appliances or fittings must be removed by the Hirer at the end of the Booking.