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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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