Hall Venues

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Hall Venues
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CITY HALL VENUES - Conditions of Hire of Facilities



and where the context requires the commencement and end

1. INTERPRETATION

time of any period or periods; and

In these conditions, unless otherwise specified:

(o) 'Hiring Purpose' means the purpose for the Hiring specified

(a) 'BCC' means Brisbane City Council; on the Hire Application form.

(b) 'The City Hall' means the Brisbane City Hall located at

King George Square, Brisbane, Queensland including the

2. AGREEMENT FOR HIRE

land and improvements thereon or any part thereof;

2.1 In consideration of the payment of the monies by the

(c) 'City Hall Venue' means any venue or function room within

Hirer to BCC as specified in these conditions, BCC will

City Hall (and includes King George Square) including the

hire the Facilities to the Hirer for the Hiring Purpose for

land and improvements thereon or any part thereof;

the Hire Period.

(d) 'City Hall Precinct' means the City Hall Precinct section of

2.2 These Conditions of Hire of Facilities, the Hire

the Brisbane City Hall Management Department of the

Application form, the Facilities Request form and any

Community Development Services Branch of the Customer

matters subsequently specified and agreed by BCC in

and Community Services Division of BCC;

writing to the Hirer are or will form the entire agreement

(f) 'City Hall Precinct Management' means and includes the between the parties.

City Hall Precinct Manager, the Business Development

2.3 This Hiring is not binding on BCC until the Hire

Manager or an assistant or acting assistant to the said

Application form has been approved and signed by City

Managers and any duly authorised or designated officers of

Hall Precinct Management (the 'Approved Hire

BCC;

Application form') and the Deposits and Hiring Charges

(e) 'Dangerous Goods' means as defined by the Australian paid.

Code for the Transport of Dangerous Goods by Road or

Rail;

3. HIRING CHARGES

(f) 'Deposits' means either collectively or separately (as the

context requires) sums payable by the Hirer comprising (i) 3.1 Setting of Hiring Charges-

Reservation Deposit, being a sum in part payment of the

The Hiring Charges are deemed to be:

Hiring Charges, to reserve the Hiring and (ii) Security

Bond, being a sum as security for damages and (a) those specified in the Pricing Schedule in the Hire

reimbursement of BCC’s costs and any other monies due Application form;

and payable by the Hirer to BCC under the Hiring, payable

(b) those notified, from time to time, in writing by BCC to

in advance in accordance with Clause 3;

the Hirer;

(g) 'Facilities' means the City Hall Venue specified on the Hire

(c) any 'out of pocket’ expenses incurred or to be incurred

Application form and any fixtures, fittings, equipment and

by BCC pursuant to or purporting to be pursuant to the

services specified on the Facilities Request form;

Hiring;

(h) ‘Facilities Request form' means the form so described

(d) any additional charges or costs incurred or to be

bearing the same application number as described on the

incurred arising out of or incidental to any special

Hire Application form completed and signed by or on

requirements imposed by BCC pursuant to or

behalf of the Hirer;

purporting to be pursuant to the Hiring (by way of

(i) 'Fire Services' means the Queensland Fire and Rescue example, extra security personnel); and

Authority or any authority or services in operation for the

(e) any applicable Goods and Services Tax.

time being carrying out the functions of the same;

Prices are subject to change without notice except where

(j) 'Hire Application form' means the form so described which

there is a binding Hiring in accordance with clause 2.3.

applies for the hire of a City Hall Venue completed and

signed by or on behalf of the Hirer; 3.2 Payment of Hiring Charges - The Hiring Charges will be

paid in full by the Hirer to BCC at least three (3) business

(k) 'Hirer' means the person or organisation referred to on the

days prior to the commencement of the Hire Period. All

Hire Application form and includes a member of any

final payments for events held at City Hall are to be paid by Visa,

committee thereof;

Bankcard, Mastercard, Cash, Money Order or Bank Cheque.

(l) 'Hiring' means the Agreement for Hire in accordance with AMEX, Diners, Company cheques and personal cheques will not

Clause 2; be accepted.

(m) 'Hiring Charges' means the amounts payable in accordance 3.3 Reservation Deposit (initial deposit) – Initial request will

with Clause 3; be held up to 14 days without confirmation. To ensure

confirmation of the Hire Period and Space, the Reservation

(n) 'Hire Period' means the period or periods for which the

Deposit must be paid 21 days from the time the Hire Period

Facilities are hired, specified on the Hire Application form

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is requested by the Hirer, and will be applied by BCC processing fee of $100.00 (plus GST) per applicable City

towards the overall Hiring Charges. For Reservation Hall Venue/day.

Deposit (initial deposit) amounts please see table on the last

4.7 Where one Facility room of a multiple Facility room

page of these Conditions of Hire of Facilities. A further

Hiring, or one day of a multiple day Hire Period is

payment bringing the amount of the Reservation Deposit

cancelled less than 90 days (Main Auditorium – less than

held to the equivalent of 45% of the estimated total costs is

180 days) but at least 30 days before the commencement of

payable 90 days prior to the commencement of the Hire

the Hire Period, and the applicable City Hall Venue:

Period.

(a) is resold, BCC will refund the applicable Deposits

3.4 Security Bond - The Hirer will pay the Security Bond if

less a processing fee of $100.00 (plus GST) per

requested by BCC seven (7) days prior to the

room/day; or

commencement of the Hire Period. The Security Bond will

be applied by BCC towards any cost of repairing or making (b) is not resold, the Hirer agrees to pay to BCC 50% of

good any damage to the Facilities or the loss of any the applicable City Hall Venue Hiring Charges, within

equipment arising out of or incidental to the Hiring or other 14 days of receiving an invoice from BCC in respect

costs incurred or sustained by BCC due to or arising out of of the same.

the Hiring, other than damage caused by events outside the

4.7 Where one Facility room of a multiple Facility room

control of the Hirer.

Hiring, or one day of a multiple day Hire Period is

3.5 If the Hirer does not pay the Hiring Charges or Deposits as cancelled less than 30 days prior to the commencement of

soon as they become due, the Hirer shall be deemed to have the Hire Period, the Hirer agrees to pay to BCC the total

cancelled the Hiring and Clauses 4.2 to 4.8 (inclusive) will City Hall Venue Hiring Charges of all cancelled rooms

apply. BCC will not be liable to the Hirer for any within 14 days of receiving an invoice from BCC in respect

compensation for or any loss arising from such of the same.

cancellation.

4.8 If the Deposits are not adequate to satisfy the payments due

3.6 Additional charges applicable under or pursuant to this to BCC under Clauses 4.2 to 4.7 (inclusive), BCC will be

Hiring will be invoiced by BCC as soon as practicable after able to recover the outstanding cancellation charges as

(and generally within 2 business days of) the conclusion of specified in Clauses 4.2 to 4.7 (inclusive) from the Hirer as

the Hire Period and must be paid by the Hirer by the due if the same were a liquidated debt due and owing.

date specified on the invoice.



5. CANCELLATION BY CITY HALL PRECINCT

4. CANCELLATION BY HIRER; CANCELLATION MANAGEMENT

CHARGES

5.1 City Hall Precinct Management may at any time cancel the

4.1 The Hirer may cancel the Hiring by giving City Hall Hiring if in its opinion:

Precinct Management, notice in writing cancelling the

(a) the Facilities may be damaged by use for the Hiring

Hiring.

Purpose; or

4.2 If the Hirer cancels the Hiring at least 90 days (Main

(b) the Hirer has failed to comply with these Conditions of

Auditorium – at least 180 days) before the commencement

Hire of Facilities; or

of the Hire Period, BCC will, in due course, refund the

Deposits less a processing fee of $100.00 (plus GST). (c) the Risk Management Plan submitted to BCC under

clause 6.1(j) is not satisfactory in the reasonable opinion

4.3 If the Hirer cancels the Hiring less than 90 days (Main

of BCC.

Auditorium – less than 180 days) but at least 30 days

before the commencement of the Hire Period, and the 5.2 If:

room:

(a) City Hall Precinct Management is of the reasonable

a.) is resold, BCC will refund the Deposits less a opinion that the Facilities will be unfit for use during

processing fee of $100.00 (plus GST); or the Hire Period;

b.) is not resold, only the Security Bond (if any) will be (b) the Facilities are required for an official use or function

refunded. BCC will not refund any of the Reservation by or at the direction of the Lord Mayor of Brisbane; or

Deposit.

(f) another use will benefit the majority of the community

4.5 If the Hirer cancels the Hiring less than 30 days before the at large,

commencement of the Hire Period, the whole of the

City Hall Precinct Management will relocate the Hiring to

Reservation Deposit and all payments collected will be

alternative Facilities that in the reasonable opinion of

forfeited to BCC.

City Hall Precinct Management are suitable.

4.6 Where one Facility room of a multiple Facility room

5.3 Where City Hall Precinct Management seeks to relocate the

Hiring, or one day of a multiple day Hire Period is

Hiring but no suitable alternative Facilities are available or

cancelled at least 90 days (Main Auditorium – at least 180

reasonably acceptable to the Hirer, the Hiring will be

days) prior to the commencement of the Hire Period, BCC

cancelled and the Hiring Charges and Deposits will be

will, in due course, refund the applicable Deposits less a

repaid to the Hirer, subject to clause 5.5.

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5.4 In any of the cases referred to in clauses 5.1 to 5.3, City (i) ensure that those persons who attend the safety briefing

Hall Precinct Management will use best endeavours to give will be present at the Facilities during the Hire Period,

reasonable notice in writing to the Hirer. for the purpose of ensuring safety in an emergency; and

5.5 The Hirer acknowledges and accepts that BCC will not be (j) if required to do so by City Hall Precinct Management,

liable to the Hirer in respect of any compensation in any prepare and submit to BCC for approval a satisfactory

way for any reason for any loss, costs or damages arising Risk Management Plan in the manner and form as

out of or incidental to cancellation or relocation of the required and notified by City Hall Precinct

Hiring by City Hall Precinct Management pursuant to this Management. The Hiring is subject to BCC approving

clause 5. the Risk Management Plan.

6.2 The Hirer will not:

6. HIRER'S OBLIGATIONS (a) use the Facilities for any purpose other than the Hiring

Purpose;

6.1 The Hirer will:

(b) conduct large corporate retail activities in King George

(a) obtain all necessary consents and permission in respect

Square with pure profit generating intent

of any third party copyright or performing rights of any

work used by the Hirer under the Hiring; (c) allow any person not subject to the direction and control

of the Hirer to use the Facilities;

(b) obey any and all instructions given by City Hall

Precinct Management as to the use of, and access to and (d) hawk, sell, dispose of or supply anything whatsoever in

from the Facilities; the Facilities or its environs or do so contrary to any

condition imposed by City Hall Precinct Management

(c) leave the Facilities and any changing rooms and toilets

and in any event without the prior written approval of

in a reasonably clean, safe and tidy condition. General

City Hall Precinct Management. City Hall Precinct

and normal cleaning is included in the Hiring Charges.

Management’s approval may be subject to such

However, the Hirer acknowledges and accepts that

conditions as City Hall Precinct Management deems

additional charges may be incurred at the Hirer’s cost in

appropriate [including commission payable to BCC at

the instance where the Hiring has created cleaning

the rate of 10% (plus applicable GST) of the gross sales

requirements that are considered, in the opinion of City

from the sale of any merchandise (Registered charity

Hall Precinct Management, to be over and above

organisations are exempt)];

normal cleaning;

(e) bring, or permit to be brought into the City Hall Venue

(d) occupy the Facilities for the Hire Period and vacate the

or its environs any animal;

Facilities immediately at the end of the Hire Period.

Utilisation of the Facilities outside the Hire Period will (f) rehire the Facilities to any person without the approval

be subject to availability. The Hirer will pay such of City Hall Precinct Management;

additional charges as determined by City Hall Precinct

(g) use any part of the Facilities or its environs other than

Management on demand if the Hiring extends beyond

the Facilities hired;

times agreed with City Hall Precinct Management in

final Event Plan; (h) alter, move or remove any fixture, fitting or furnishing

of the Facilities or any City Hall Venue;

(e) immediately remove any material (including cartons,

boxes, handwritten signs and display materials) (i) erect, affix or display (whether pinned, glued, taped or

requested by City Hall Precinct Management which is attached in any way) within the Facilities or its environs

considered detrimental to the Facilities and City Hall any advertisement or signage or do so contrary to any

Venues’ presentation standard; conditions imposed by City Hall Precinct Management

and in any event without the prior written consent of

(f) cause its staff and all invitees attendees and other

City Hall Precinct Management which consent may be

persons entering the Facilities for or purportedly for the

subject to such conditions as City Hall Precinct

Hiring Purpose to act with decorum and in a manner

Management deem appropriate;

that promotes, or is unlikely to adversely impact upon,

the health and safety of other invitees attendees or other (j) take any collection in or within the environs of the

persons present at the Facilities or in other areas of the Facilities,

City Hall not part of the Hiring;

(k) conduct any game of chance or mixed chance and skill,

(g) permit City Hall Precinct Management to enter the sweepstake or lottery in or within the environs of the

Facilities at any time without charge. The Hirer must Facilities;

not obstruct City Hall Precinct Management or any

(l) bet or wage, or permit any person to bet or wager in or

member of the police force, Fire Services, ambulance

within the environs of the Facilities;

service or any other emergency service from entering

the Facilities; (m) sell, offer or expose for sale or permit to be sold any

refreshments or other goods or any service in or within

(h) provide for a safety (fire and emergency) briefing for

the environs of the Facilities; or

the Hirer’s staff in such numbers as determined by City

Hall Precinct Management to be necessary, prior to use (n) bring or permit to be brought in or within the environs

of the Facilities; of the Facilities any Dangerous Goods without the prior

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written consent of City Hall Precinct Management 9. NO SMOKING AND FIRE PREVENTION

which consent may be subject to such conditions as City

9.1 City Hall Venues are smoke-free environments.

Hall Precinct Management deem appropriate.

9.2 All scenery, properties, drapes etc. for use in the Facilities

6.3 Any reference to the Brisbane City Hall or any City Hall

by or on behalf of the Hirer must be rendered fire-retardant

Venue therein by a Hirer in any published matter, either

before being brought into the Facilities.

written or electronic, shall refer to the Brisbane City Hall

by its full title.

6.4 Photography, Broadcasting and Television Recording 10. USE OF SMOKE OR FIRE MACHINES

The Hirer must not broadcast, televise, commercially 10.1 The Hirer is to advise City Hall Precinct Management in

record or photograph any activity within the Facilities or writing and within a reasonable time prior to

any City Hall Venue without the prior written consent of commencement of the Hire Period if the Hirer or any of its

City Hall Precinct Management which consent may be employees, agents or contractors intend to use or bring onto

subject to such conditions as City Hall Precinct the Facilities any smoke machines and candelabras/candles

Management deem appropriate (including additional or any other machine, matter or material which emits or has

charges). the potential to emit smoke or fire, or emulates, simulates

or has the potential to emulate or simulate the emission of

6.5 Tickets

smoke or fire.

(a) The issue of all tickets of admission are subject to the

10.2 Should any machine, matter or material referred to at

direction of City Hall Precinct Management.

Clause 10.1 emit or simulate the emission of smoke or fire

(b) The Hirer must ensure that City Hall Precinct which culminates in the Fire Services being called to the

Management approves any proposed event floorplan Facilities ('the call'), the Hirer indemnifies BCC in respect

before it is made available for public sale via ticketing of any and all costs or charges incurred by BCC to the Fire

agencies. The Hirer must authorise ticketing agencies to Services in respect of the call, whether or not the Hirer duly

make information regarding ticket sales available to notified BCC in accordance with Clause 10.1. The Hirer

City Hall Precinct Management. agrees that any and all costs and charges will be forthwith

reimbursed to BCC within 14 days of written demand being

(c) The Hirer must open the box office for ticket sales and

made by BCC to the Hirer detailing the costs or charges so

collections a minimum of one hour before the

incurred. Should the Hirer not pay BCC the said costs or

commencement of the applicable Hire Period.

charges, BCC will be able to recover the costs or charges

out of the Security Bond or from the Hirer as a liquidated

debt. This Clause 10.2 survives expiration or earlier

7. FITNESS FOR HIRING PURPOSES

termination of the Hiring.

The Hirer agrees that it has satisfied itself that the Facilities

are fit for the Hiring Purpose, and acknowledges that BCC

does not warrant that the Facilities are fit for the Hiring 11. PARKING

Purpose.

11.1 Vehicles are not permitted to be parked at any time on the

King George Square ramp.

8. DAMAGE TO THE CITY HALL VENUE OR 11.2 Vehicles are not permitted to be parked in the backloading

FACILITIES bay of City Hall Venues without written permission from

City Hall Precinct Management.

The Hirer agrees that BCC may reimburse itself out of the

Security Deposit or if the Security Deposit is inadequate the

Hirer will pay to BCC within 14 days of demand being

12. WORKPLACE HEALTH AND SAFETY ACT 1995

made by BCC the cost of:

12.1 The Hirer will comply and cause its employees, agents

(a) repairing or making good any damage to the City Hall

and contractors to comply, with any requirements under the

Venue or Facilities or the loss of or damage to any

Workplace Health and Safety Act 1995 ('the Act') that

equipment, furnishings or other items arising out of or

apply to work being performed by them at the City Hall

incidental to the Hiring other than damage caused by

Venue pursuant to or purporting to be pursuant to the

and to the extent of events outside the control of the

Hiring Purpose.

Hirer or the negligence or wilful misconduct of BCC,

City Hall Precinct Management or BCC employees or 12.2 In particular, the Hirer will:

contractors; or

(a) comply where applicable with the Hirer’s Workplace

(b) re-instating any altered, moved or removed fixtures, Health and Safety (“WH&S”) obligations to its

fittings, furnishings or other items of the Facilities to the workers as an employer under the Act;

state and condition prior to the alteration, movement or

(b) comply where applicable with the Hirer’s WH&S

removal.

obligations to itself as a self-employed person under

This Clause 8 survives expiration or earlier termination of the Act;

the Hiring.



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(c) where it controls any workplace at which work is to 13. ADDITIONAL FACILITIES, SERVICES AND

be performed pursuant to, or fixtures fittings or EQUIPMENT

equipment that is used to perform, the Hiring Purpose,

13.1 City Hall Precinct Management may allow the Hirer to

complies with its obligations to persons working at

use additional equipment and services, not able to be

that workplace or using the fixtures, fittings or

provided by City Hall Precinct Management. Any services,

equipment under the Act;

equipment and facilities must be operated and maintained

(d) comply and cause its employees, agents and in accordance with any written or verbal direction given by

contractors to comply with any WH&S requirements, City Hall Precinct Management from time to time.

directions or guidelines given by BCC through City

13.2 The Hirer shall not bring or allow any equipment, fittings

Hall Precinct Management to the Hirer as to the

or materials to be brought into the Facilities unless they are:

manner of performance of those obligations whether

such directions or guidelines are general in nature or (a) free from any defects; and

specific to the Hiring or the Facilities.

(b) in good working condition.

12.3 If

13.3 City Hall Precinct Management reserves the right to

(a) the Hirer does not or fails to comply with the Hirer’s inspect the equipment, fittings or materials brought into the

WH&S obligations or the WH&S requirements, Facilities. If any of such equipment, fittings or materials do

directions or guidelines given by BCC regarding the not, in the opinion of City Hall Precinct Management

Facilities or the Hiring; and comply with the requirements of these Conditions of Hire

of Facilities, they must be removed immediately from the

(b) City Hall Precinct Management becomes aware of

Facilities and must be replaced at the Hirer's expense.

such failure by the Hirer and gives the Hirer a

direction (whether verbal or in writing) to rectify that 13.4 All portable, electrical equipment must carry a current

failure within a time that is reasonable (having regard (less than 6 months) test and tag and must comply with

to the Hire Period) or immediately if during the Hire Australian Electrical Standards and Occupational Health

Period; and Safety.

(c) the Hirer fails to rectify or continues to not comply

with the WH&S obligations or requirements or

14. ADMISSION AND REMOVAL OF PERSON

direction given by the City Hall Precinct Management

within the required time, BCC may at its option (acting City Hall Precinct Management may at any time, in its

in its absolute discretion) elect either to: reasonable discretion (having regard to such matters as,

without limitation, the safety and security of other persons and

(i) as an additional charge to the Hirer, undertake the

City Hall Venues, and the conduct and purpose of the person at

WH&S obligation, requirement or direction. The

the City Hall Venue):

Hirer agrees to pay or reimburse BCC for the

additional costs incurred or sustained by BCC to (a) refuse admission of any person to the City Hall Venue:

undertake the WH&S obligation or direction in and

accordance with clause 3.6. The Hirer agrees that

(b) direct any person or persons to leave the City Hall

should it fail to pay BCC’s costs, BCC may recover

Venue.

the costs out of the Security Bond and/or from the

Hirer as a liquidated debt due and owing; or

(ii) terminate the Hiring with immediate effect and 15. VENUE CONTROL; CLOSURE OF FACILITIES

without notice. Immediately upon termination of the

15.1 City Hall Precinct Management retains the right to control

Hiring, the Hirer will immediately cease to use and

the Facilities and all City Hall Venues including all ingress

will leave the Facilities and Clause 15 (Venue

and egress, and over the timing of opening and closing of

Control) will apply.

doors and the admission of the public.

12.4 If BCC or any of its officers, agents or contractors is or is

15.2 If:

held to be liable to any person or to have committed an

offence because of a breach by the Hirer or any of its (a) a person who has been refused admission to the

employees, agents or sub-contractors then, the Hirer will Facilities enters it; or

indemnify BCC and/or BCC’s officers, employees and

(b) a person who has been directed to leave the Facilities,

contractors from and against all claims, losses, demands

fails to immediately comply with that direction,;

and damages incurred by BCC and/or any of those persons

as a consequence of that breach. This Clause 12.4 survives (c) for the purpose of ensuring the safety and security of

expiration or earlier termination of the Hiring. persons present at the Facilities and any City Hall

Venues (in the absolute opinion of City Hall Precinct

Management); or

(d) the Hiring is terminated pursuant to Clause 12.3(c)(ii),

City Hall Precinct Management may close the Facilities at

any time during the Hire Period.



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15.3 If City Hall Precinct Management closes the Facilities in suffered or sustained by the indemnified party in defending

consequence of Clause 15.2: or settling those actions, proceedings, claims or demands

EXCEPT to the extent that any such liability was directly

(a) the Hirer will be deemed to have voluntarily abandoned

caused by the negligent act or omission of BCC or any of

the Hiring;

its officers employees or contractors. The indemnities as set

(b) the Hiring Charges will not be refunded; out in this Clause 17 survives expiration or earlier

termination of the Hiring.

(c) BCC will not be liable to the Hirer for any

compensation in any way for any reason for any losses,

costs or damages sustained suffered or incurred by the

18. FORCE MAJEURE

Hirer due to or arising out of the closure of the Facilities

under clause 15.2; and 18.1 Neither party will be liable for any default or delay in the

performance of it’s obligations under this Hiring if and to

(d) it is without prejudice to any rights that have or may

the extent that default or delay is caused, directly or

accrue to BCC for any antecedent breach of the Hiring.

indirectly, by fire, flood, earthquake, elements of nature or

Acts of God, riot, civil disorder, rebellion or revolution,

acts of terrorism or any other similar cause beyond the

16. EXCLUSION OF LIABILITY

reasonable control of such party, provided:

BCC will not be liable for:

(a) the non-performing party is without fault in causing that

(a) any loss or damage caused directly or indirectly by any default or delay; and

fault in or failure of electricity supply, lighting, heating,

(b) that default or delay could not have been prevented by

electronic equipment or public address systems beyond

reasonable precautions and cannot reasonably be

the reasonable control of BCC;

circumvented by the non-performing party through the

(b) any injury (including death) to any person or loss or use of alternate sources, work around plan or other

damage to their property unless caused directly by the means, including disaster recovery plans.

negligent act or omission or wilful misconduct of BCC

18.2 If any of the above-enumerated circumstances

or any of its employees and then only to the extent that

substantially prevent, hinder, or delay the supply of any

is fair and reasonable having regard to BCC’s or its

goods or delay performance or the provision of any of the

employees direct contribution to that loss, damage or

services pursuant to the Hiring, then BCC may at its sole

injury;

discretion do any of the following:

(c) the failure or breach by any agent or contractor engaged

(a) procure such services from an alternate source;

or contracted by BCC to supply any goods or provide

any services for or on behalf of the Hirer pursuant to or (b) terminate any portion of the Hiring so affected; or

purporting to be pursuant to the Hiring including but

(c) terminate this Hiring without liability to the Hirer from

not limited to any catering services and provision of

a date specified by BCC in a written notice to the Hirer,

equipment, furnishings, decorative or other items and

and the Hirer will not have the right to any payments

services in respect thereof; or

from BCC as a result of any force majeure occurrence.

(d) any costs, losses, damages, demands or claims sustained

or incurred by the Hirer arising directly or indirectly out

of or as a consequence of the failure or breach referred 19. THE LORD MAYOR’S BOX

to in paragraph (c) hereof.

The Lord Mayor reserves the right to use the Lord Mayor

Box seats located in the Dress Circle of the Main

Auditorium at anytime (including during the Hire Period).

17. INDEMNITY

Sale of these seats are not permitted without written

The Hirer fully indemnifies and keeps indemnified BCC approval from the Lord Mayor, City Hall Precinct

and its officers, employees, agents and contractors against Manager, or authorised personnel.

all actions, proceedings, claims and demands which may be

suffered sustained or incurred by BCC or any of its officers

employees or contractors or brought or made against them 20. DELIVERIES, STORAGE AND REMOVAL

by any person in respect of loss, damage or injury

20.1 City Hall Precinct does not have storage capacity

(including death) arising out of or in connection with,

other than function spaces within the Facilities during the

whether directly or indirectly:

Hire Period. The Hirer must advise City Hall Precinct

a.) the Hiring of the Facilities by; Management of any deliveries in advance and mark all

deliveries with name, date and City Hall Venue the subject

b.) any negligent, unlawful or wrongful act or omission or

of the Hiring. All goods must be delivered not more than 24

wilful misconduct of; or

hours before the commencement of the Hire Period

c.) a breach of any of the terms or conditions of the Hiring

(unless other arrangements have been agreed in writing

by,

with City Hall Precinct Management) and immediately

the Hirer or any of its staff invitees or attendees and against removed at the conclusion of the applicable Hire Period.

all costs, damages and expenses which may be incurred

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Created 18Aug04 Updated 9 April 2008.

Version 1.5

Any goods left without prior arrangement will be deemed 26. PUBLIC LIABILITY INSURANCE

abandoned.

26.1 Unless notified in writing by City Hall Precinct

20.2 City Hall Precinct Management will not accept any Management to the contrary, the Hirer must effect and

responsibility for damage or loss of goods left at the maintain a public liability policy of insurance providing

Facilities prior to, during or after the Hiring. indemnity of ten million dollars ($10,000,000.00) in the

joint names of the Hirer and BCC, or where the Hirer holds

an existing policy, BCC’s interest are endorsed on such

21. LOST PROPERTY policy and on such other terms and conditions as are

reasonably required or acceptable to BCC. The Hirer will

Only BCC staff may enter, examine and search the Facilities

produce the certificate of currency and the policy or

for lost property after the expiration or termination of the

endorsement to City Hall Precinct Management prior to

Hiring. Any property on being found will be registered and

commencement of the Hire Period. In certain

disposed of in according with BCC policy.

circumstances, City Hall Precinct Management may waive

the requirement for approved community organisations and

non-commercial hirers to effect Public liability Insurance,

22. SUB CONTRACTORS

which waiver will be confirmed in writing by BCC.

BCC reserves the right to approve only selected sub

26.2 The Hirer must immediately notify the relevant insurer

contractors to service the Hiring at City Hall Venues.

and City Hall Precinct Management in writing of any

occurrence or accident likely to give rise to a claim under

the insurance policy and thereafter give all information and

23. LICENSING AND COMPLIANCE

assistance as may be reasonably practicable in all the

23.1 Event Permits circumstances and give to City Hall Precinct Management

(if required) a statutory declaration as to any matters

(a) In respect of a Hiring that is an “event”, the Hirer (at its

connected with such occurrence or accident.

own cost) agrees to obtain from BCC as local authority

a permit as required by and in accordance with BCC’s 26.3 To avoid doubt, the requirement or waiver of insurance

Local Laws, prior to the commencement of the Hire does not in any way limit the Hirer’s liability under the

Period. indemnities given by the Hirer, and in respect of its

obligations, under the Hiring.

(b) For the purpose of clause 23.1, an ‘event’ means an

event at which entertainment is provided to the public

on one-off or regular basis, whether from an

entertainment venue or from other place. One-off events

with less than 2,000 people attending do not need a

permit but must follow the intent of the Local Law

Policy to protect public health and safety.

23.2 Alcohol Service

In accordance with the Liquor Act (Qld), responsible

service of alcohol is practised at City Hall Venues. This

requirement will be taken into consideration when

determining the Hirer’s (and any invitee’s or attendee’s)

requests for beverages.





24. WAIVER

The conditions of the Hiring can only be varied or waived

in writing by City Hall Precinct Management.





25. WIFI INTERNET SERVICE

The Hirer indemnifies and keeps indemnified Council

against any loss or damage which Council may suffer

directly or indirectly as a result of usage by the hirer or

any person authorised either directly or indirectly by the

hirer to use the internet service provided by Council for

the use of the hirer or persons authorised by the hirer.









-7-

Created 18Aug04 Updated 9 April 2008.

Version 1.5

RESERVATION DEPOSIT AND CANCELLATION POLICY



DEPOSIT

ESTIMATED TOTAL REVENUE Between $0-$10,000 Above $10,000

INTERNATIONAL BOOKINGS Full Room Hire for bookings Full Room Hire for bookings

made less than 3 months from made less than 3 months from

event start date event start date

1st RESERVATION DEPOSIT $1,000 (or total amount should 10% of the estimated total

(Upon confirmation) the total revenue remain below revenue

$1,000)

2nd RESERVATION DEPOSIT A further payment bringing the Reservation Deposit held to the

(90 days prior to the event start date) equivalent of 45% of the estimated total costs is payable 90 days

prior to the Hire Period.

(For bookings made within 90 days from the start of the event a

deposit of 45% of the estimated total costs will payable upon

confirmation)

FINAL PAYMENT

(Three business days prior to the event start date) Outstanding balance

Final payments to be made by Visa, Bankcard,

Mastercard, Cash, Money Order or Bank Cheque.

AMEX, Diners, Company cheques and personal

cheques will NOT be accepted.



Postponed events:

- Reservation and Deposits can be rolled over to another event held within 12 months of the original date without charge.

- Date changes for events in the Main Auditorium:

180 days prior to the start of the event will incur a $100 plus GST charge

between 31-180 days prior to the start of the event will incur 50% of the room Hiring Charge (including GST)

30 days prior to the start of the event will incur the total room Hiring Charge (including the GST)

- Date changes for events outside of the Main Auditorium:

30 days prior to the start of the event will incur a $100 plus GST charge

between 8-30 days prior to the start of the event will incur 50% of the room Hiring Charge (including GST)

7 days prior to the start of the event will incur the total room Hiring Charge (including the GST)





CANCELLATION

EVENTS WITH SINGLE ROOM BOOKINGS



OUTSIDE 90 DAYS Full refund less $100.00 plus GST processing fee

*Main Auditorium bookings – outside 180 days



WITHIN 30-90 DAYS If room is resold - full refund less $100.00 plus GST processing fee.

If room is NOT resold, no refund

*Main Auditorium bookings – between 30-180 days

** International bookings – Full Room hire component will be charged

WITHIN 30 DAYS No refund of deposit or prepayments

EVENTS WITH MULTIPLE ROOM / DAY BOOKINGS CANCELLING ONE OR MORE ROOMS / DAYS



OUTSIDE 90 DAYS No charge other than $100.00 plus GST processing fee

*Main Auditorium bookings – outside 180 days



WITHIN 30-90 DAYS If room/s is/are resold - no charge other than $100.00 plus GST processing fee

If room/s is/are NOT resold – 50% of room hire on cancelled rooms to be charged to client’s

account

*Main Auditorium bookings – between 30-180 days

** International bookings – Full Room hire component will be charged

WITHIN 30 DAYS Total room hire fee of all cancelled rooms to be charged to client’s account





Version 1.4 -8- Created by BDMCH on 18/06/03

C:\Documents and Settings\form1\Desktop\City Hall forms\City Hall\city_hall_venues_conditions_of_hire.doc Updated by BDMCH on 09/04/08


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