Terms and Conditions

Grant of licence

  • In consideration of the Licensee paying the hire fee to the Licensor, the Licensor grants to the Licensee the right to occupy the Venue on the date and time set out in this agreement and for the purpose stated in these Details.
  • The rights granted to the Licensee are in the nature of a licence only and nothing in these details grants to the Licensee any tenancy or the right to exclusive possession or occupation of the Venue.

Warranties of the Licensee concerning the Event

The Licensee warrants, at the time of entering into this Agreement and at all times during the continuance of this Agreement that:

  • the Licensee has properly informed itself as to the suitability of the Centre and the Centre Facilities for the presentation of the Event and has not relied upon any representation or advice of the Licensor, its employees or agents;
  • it has the financial, technical, commercial and legal capacity to promote and stage the Event in accordance with information provided to the Licensor;
  • it has and will continue to provide all relevant information to the Licensor pertaining to the Event to enable the Licensor to comply with its obligations under this Agreement;
  • the Event will not cause any damage to the Venue or to the reputation or standing of the Licensor;
  • it has obtained all necessary authorisations, licences, consents, releases and waivers from third parties to enable the Event to be promoted and conducted.
  • the presentation of the Event will not infringe the intellectual property rights of any third party; and
  • it will not do anything which will bring the Licensor into disrepute or make adverse comments about the Licensor in the media.

Insurance

  • The Licensee must take out and keep current during the period of hire of the Venue public liability insurance (with a per incident level of cover of no less than $20M) and, if requested by the Licensor, noting the interest of the Licensor on the policy.
  • The Licensee must not do or permit any other person to do anything that would render in any way unenforceable against the insurer any insurance effected by the Licensor or the Licensee.

Fees

  • The Licensee must pay the hire fee in full prior to the Date for payment and in default, the Licensor may cancel the booking and allocate the Venue to another person.
  • Where the Licensor provides other services to the Licensee in association with the hire, the Licensee must be invoiced by the Licensor for such services separately and must pay such invoice within 7 days of receipt of it.

Indemnity

The Licensee must indemnify the Licensor for any injury, loss or damage arising out of the use of the Venue and the conduct of the Licensee, its employees, agents, and invitees (including damage to the Venue or its facilities) except where such injury, loss or damage arises by reason of the negligent act or omission of the Licensor, its employees or agents.

Licensee’s covenants

The Licensee must:

  • not carry on any activity at the Venue, which is dangerous, noxious, offensive, illegal, noisy or objectionable.
  • must return the venue to its original state at the time the hire began (i.e., leave the venue clean and presentable) or a hire cleaning fee of $100 will be applied.
  • notify the Licensor of any maintenance issues or damage caused at the time of hire.
  • not allow the Venue to be used for any purpose other than that for which it is designed.
  • maintain a maximum of 20 persons at any one stage for the time of the hire unless previously approved by the Licensor.
  • ensure all venue equipment is shut down correctly upon completion of each Event.
  • ensure the venue equipment is accounted for and used only by mature and responsible members only. Venue items include.
  • Television
  • JBL Party Box
  • Whiteboard
  • Kitchen equipment and appliances.
    • Repair or replace, at the Licensee’s cost, any equipment owned by the Licensor damaged during or in relation to an Event.
    • vacate the Venue at the conclusion of the hire time as set out in this agreement.
    • not bring into the Venue any heavy equipment or machinery without the prior written consent of the Licensor.
    • remove from the Venue all equipment brought by the Licensee onto the Venue and make good any damage to the Venue caused by the removal.
    • be responsible for the conduct and behavior of all employees, agents and invitees of the Licensee; and
    • comply with any general venue use information (not inconsistent with this agreement) provided by the Licensor to the Licensee.

Liability of the Licensor

  • The Licensor must not be liable to the Licensee or its employees, agents or invitees for any loss of life, personal injury or damage to or loss of property which may be suffered or incurred arising out of the use of the Venue by the Licensee or the conduct of the function for which the Venue is hired, unless caused by the negligent act or omission of the Licensor.
  • In no event must the Licensor be liable for loss of profit or consequential damages, whether based on breach of contract, warranty or otherwise.

Provision of services

The Licensor is responsible for providing all catering, security and cleaning services required in connection with the hire of the Venue and the Licensee must not provide any such services without the prior written consent of the Licensor.

Termination

The Licensor may terminate this agreement immediately upon giving notice to the Licensee if:

  • the Licensee breaches any material provision of this agreement;
  • the Licensee substantially alters the purpose for which the Venue is hired without the prior written consent of the Licensor; or
  • the Licensor becomes aware of conditions under which the holding of the function for which the Venue is hired could jeopardize public safety or order or involve an unacceptable risk of personal injury or damage to the property.

Force majeure

Performance of this agreement is contingent upon the ability of the Licensor to complete the same and the Licensor will not be liable to the Licensee for any failure to provide the Venue or any of the services mentioned in this agreement due to causes which are beyond the reasonable control of the Licensor.

Warranty

The Licensor gives no warranty that the Venue will be suitable for the purpose for which the Venue is intended to be hired by the Licensee and the Licensor will not be liable to the Licensee for any loss suffered by the Licensee as a consequence of the Venue proving not to be adequate for the Licensee’s purposes.

Law

This agreement must be governed by the laws of the State in which the Venue is located and the Commonwealth of Australia and the parties agree to submit to the jurisdiction of that State and the Commonwealth respectively.