Hall Venues

CITY HALL VENUES - Conditions of Hire of Facilities 1. INTERPRETATION and where the context requires the commencement and end time of any period or periods; and (o) 'Hiring Purpose' means the purpose for the Hiring specified on the Hire Application form. In these conditions, unless otherwise specified: (a) 'BCC' means Brisbane City Council; (b) 'The City Hall' means the Brisbane City Hall located at King George Square, Brisbane, Queensland including the land and improvements thereon or any part thereof; (c) 'City Hall Venue' means any venue or function room within City Hall (and includes King George Square) including the land and improvements thereon or any part thereof; (d) 'City Hall Precinct' means the City Hall Precinct section of the Brisbane City Hall Management Department of the Community Development Services Branch of the Customer and Community Services Division of BCC; (f) 'City Hall Precinct Management' means and includes the City Hall Precinct Manager, the Business Development Manager or an assistant or acting assistant to the said Managers and any duly authorised or designated officers of BCC; (e) 'Dangerous Goods' means as defined by the Australian Code for the Transport of Dangerous Goods by Road or Rail; (f) 'Deposits' means either collectively or separately (as the context requires) sums payable by the Hirer comprising (i) Reservation Deposit, being a sum in part payment of the Hiring Charges, to reserve the Hiring and (ii) Security Bond, being a sum as security for damages and reimbursement of BCC’s costs and any other monies due and payable by the Hirer to BCC under the Hiring, payable in advance in accordance with Clause 3; (g) 'Facilities' means the City Hall Venue specified on the Hire Application form and any fixtures, fittings, equipment and services specified on the Facilities Request form; (h) ‘Facilities Request form' means the form so described bearing the same application number as described on the Hire Application form completed and signed by or on behalf of the Hirer; (i) 'Fire Services' means the Queensland Fire and Rescue Authority or any authority or services in operation for the time being carrying out the functions of the same; (j) 'Hire Application form' means the form so described which applies for the hire of a City Hall Venue completed and signed by or on behalf of the Hirer; (k) 'Hirer' means the person or organisation referred to on the Hire Application form and includes a member of any committee thereof; (l) 'Hiring' means the Agreement for Hire in accordance with Clause 2; (m) 'Hiring Charges' means the amounts payable in accordance with Clause 3; (n) 'Hire Period' means the period or periods for which the Facilities are hired, specified on the Hire Application form Created 18Aug04 2. AGREEMENT FOR HIRE 2.1 In consideration of the payment of the monies by the Hirer to BCC as specified in these conditions, BCC will hire the Facilities to the Hirer for the Hiring Purpose for the Hire Period. 2.2 These Conditions of Hire of Facilities, the Hire Application form, the Facilities Request form and any matters subsequently specified and agreed by BCC in writing to the Hirer are or will form the entire agreement between the parties. 2.3 This Hiring is not binding on BCC until the Hire Application form has been approved and signed by City Hall Precinct Management (the 'Approved Hire Application form') and the Deposits and Hiring Charges paid. 3. HIRING CHARGES 3.1 Setting of Hiring ChargesThe Hiring Charges are deemed to be: (a) those specified in the Pricing Schedule in the Hire Application form; (b) those notified, from time to time, in writing by BCC to the Hirer; (c) any 'out of pocket’ expenses incurred or to be incurred by BCC pursuant to or purporting to be pursuant to the Hiring; (d) any additional charges or costs incurred or to be incurred arising out of or incidental to any special requirements imposed by BCC pursuant to or purporting to be pursuant to the Hiring (by way of example, extra security personnel); and (e) any applicable Goods and Services Tax. Prices are subject to change without notice except where there is a binding Hiring in accordance with clause 2.3. 3.2 Payment of Hiring Charges - The Hiring Charges will be paid in full by the Hirer to BCC at least three (3) business days prior to the commencement of the Hire Period. All final payments for events held at City Hall are to be paid by Visa, Bankcard, Mastercard, Cash, Money Order or Bank Cheque. AMEX, Diners, Company cheques and personal cheques will not be accepted. 3.3 Reservation Deposit (initial deposit) – Initial request will be held up to 14 days without confirmation. To ensure confirmation of the Hire Period and Space, the Reservation Deposit must be paid 21 days from the time the Hire Period -1Updated 9 April 2008. Version 1.5 is requested by the Hirer, and will be applied by BCC towards the overall Hiring Charges. For Reservation Deposit (initial deposit) amounts please see table on the last page of these Conditions of Hire of Facilities. A further payment bringing the amount of the Reservation Deposit held to the equivalent of 45% of the estimated total costs is payable 90 days prior to the commencement of the Hire Period. 3.4 Security Bond - The Hirer will pay the Security Bond if requested by BCC seven (7) days prior to the commencement of the Hire Period. The Security Bond will be applied by BCC towards any cost of repairing or making good any damage to the Facilities or the loss of any equipment arising out of or incidental to the Hiring or other costs incurred or sustained by BCC due to or arising out of the Hiring, other than damage caused by events outside the control of the Hirer. 3.5 If the Hirer does not pay the Hiring Charges or Deposits as soon as they become due, the Hirer shall be deemed to have cancelled the Hiring and Clauses 4.2 to 4.8 (inclusive) will apply. BCC will not be liable to the Hirer for any compensation for or any loss arising from such cancellation. 3.6 Additional charges applicable under or pursuant to this Hiring will be invoiced by BCC as soon as practicable after (and generally within 2 business days of) the conclusion of the Hire Period and must be paid by the Hirer by the due date specified on the invoice. processing fee of $100.00 (plus GST) per applicable City Hall Venue/day. 4.7 Where one Facility room of a multiple Facility room Hiring, or one day of a multiple day Hire Period is cancelled less than 90 days (Main Auditorium – less than 180 days) but at least 30 days before the commencement of the Hire Period, and the applicable City Hall Venue: (a) is resold, BCC will refund the applicable Deposits less a processing fee of $100.00 (plus GST) per room/day; or (b) is not resold, the Hirer agrees to pay to BCC 50% of the applicable City Hall Venue Hiring Charges, within 14 days of receiving an invoice from BCC in respect of the same. 4.7 Where one Facility room of a multiple Facility room Hiring, or one day of a multiple day Hire Period is cancelled less than 30 days prior to the commencement of the Hire Period, the Hirer agrees to pay to BCC the total City Hall Venue Hiring Charges of all cancelled rooms within 14 days of receiving an invoice from BCC in respect of the same. 4.8 If the Deposits are not adequate to satisfy the payments due to BCC under Clauses 4.2 to 4.7 (inclusive), BCC will be able to recover the outstanding cancellation charges as specified in Clauses 4.2 to 4.7 (inclusive) from the Hirer as if the same were a liquidated debt due and owing. 5. 4. CANCELLATION BY HIRER; CANCELLATION CHARGES CANCELLATION BY CITY HALL PRECINCT MANAGEMENT 4.1 The Hirer may cancel the Hiring by giving City Hall Precinct Management, notice in writing cancelling the Hiring. 4.2 If the Hirer cancels the Hiring at least 90 days (Main Auditorium – at least 180 days) before the commencement of the Hire Period, BCC will, in due course, refund the Deposits less a processing fee of $100.00 (plus GST). 4.3 If the Hirer cancels the Hiring less than 90 days (Main Auditorium – less than 180 days) but at least 30 days before the commencement of the Hire Period, and the room: a.) is resold, BCC will refund the Deposits less a processing fee of $100.00 (plus GST); or b.) is not resold, only the Security Bond (if any) will be refunded. BCC will not refund any of the Reservation Deposit. 4.5 If the Hirer cancels the Hiring less than 30 days before the commencement of the Hire Period, the whole of the Reservation Deposit and all payments collected will be forfeited to BCC. 4.6 Where one Facility room of a multiple Facility room Hiring, or one day of a multiple day Hire Period is cancelled at least 90 days (Main Auditorium – at least 180 days) prior to the commencement of the Hire Period, BCC will, in due course, refund the applicable Deposits less a -2Created 18Aug04 5.1 City Hall Precinct Management may at any time cancel the Hiring if in its opinion: (a) the Facilities may be damaged by use for the Hiring Purpose; or (b) the Hirer has failed to comply with these Conditions of Hire of Facilities; or (c) the Risk Management Plan submitted to BCC under clause 6.1(j) is not satisfactory in the reasonable opinion of BCC. 5.2 If: (a) City Hall Precinct Management is of the reasonable opinion that the Facilities will be unfit for use during the Hire Period; (b) the Facilities are required for an official use or function by or at the direction of the Lord Mayor of Brisbane; or (f) another use will benefit the majority of the community at large, City Hall Precinct Management will relocate the Hiring to alternative Facilities that in the reasonable opinion of City Hall Precinct Management are suitable. 5.3 Where City Hall Precinct Management seeks to relocate the Hiring but no suitable alternative Facilities are available or reasonably acceptable to the Hirer, the Hiring will be cancelled and the Hiring Charges and Deposits will be repaid to the Hirer, subject to clause 5.5. Updated 9 April 2008. Version 1.5 5.4 In any of the cases referred to in clauses 5.1 to 5.3, City Hall Precinct Management will use best endeavours to give reasonable notice in writing to the Hirer. 5.5 The Hirer acknowledges and accepts that BCC will not be liable to the Hirer in respect of any compensation in any way for any reason for any loss, costs or damages arising out of or incidental to cancellation or relocation of the Hiring by City Hall Precinct Management pursuant to this clause 5. (i) ensure that those persons who attend the safety briefing will be present at the Facilities during the Hire Period, for the purpose of ensuring safety in an emergency; and (j) if required to do so by City Hall Precinct Management, prepare and submit to BCC for approval a satisfactory Risk Management Plan in the manner and form as required and notified by City Hall Precinct Management. The Hiring is subject to BCC approving the Risk Management Plan. 6.2 The Hirer will not: 6. HIRER'S OBLIGATIONS 6.1 The Hirer will: (a) obtain all necessary consents and permission in respect of any third party copyright or performing rights of any work used by the Hirer under the Hiring; (b) obey any and all instructions given by City Hall Precinct Management as to the use of, and access to and from the Facilities; (c) leave the Facilities and any changing rooms and toilets in a reasonably clean, safe and tidy condition. General and normal cleaning is included in the Hiring Charges. However, the Hirer acknowledges and accepts that additional charges may be incurred at the Hirer’s cost in the instance where the Hiring has created cleaning requirements that are considered, in the opinion of City Hall Precinct Management, to be over and above normal cleaning; (d) occupy the Facilities for the Hire Period and vacate the Facilities immediately at the end of the Hire Period. Utilisation of the Facilities outside the Hire Period will be subject to availability. The Hirer will pay such additional charges as determined by City Hall Precinct Management on demand if the Hiring extends beyond times agreed with City Hall Precinct Management in final Event Plan; (e) immediately remove any material (including cartons, boxes, handwritten signs and display materials) requested by City Hall Precinct Management which is considered detrimental to the Facilities and City Hall Venues’ presentation standard; (f) cause its staff and all invitees attendees and other persons entering the Facilities for or purportedly for the Hiring Purpose to act with decorum and in a manner that promotes, or is unlikely to adversely impact upon, the health and safety of other invitees attendees or other persons present at the Facilities or in other areas of the City Hall not part of the Hiring; (g) permit City Hall Precinct Management to enter the Facilities at any time without charge. The Hirer must not obstruct City Hall Precinct Management or any member of the police force, Fire Services, ambulance service or any other emergency service from entering the Facilities; (h) provide for a safety (fire and emergency) briefing for the Hirer’s staff in such numbers as determined by City Hall Precinct Management to be necessary, prior to use of the Facilities; -3Created 18Aug04 (a) use the Facilities for any purpose other than the Hiring Purpose; (b) conduct large corporate retail activities in King George Square with pure profit generating intent (c) allow any person not subject to the direction and control of the Hirer to use the Facilities; (d) hawk, sell, dispose of or supply anything whatsoever in the Facilities or its environs or do so contrary to any condition imposed by City Hall Precinct Management and in any event without the prior written approval of City Hall Precinct Management. City Hall Precinct Management’s approval may be subject to such conditions as City Hall Precinct Management deems appropriate [including commission payable to BCC at the rate of 10% (plus applicable GST) of the gross sales from the sale of any merchandise (Registered charity organisations are exempt)]; (e) bring, or permit to be brought into the City Hall Venue or its environs any animal; (f) rehire the Facilities to any person without the approval of City Hall Precinct Management; (g) use any part of the Facilities or its environs other than the Facilities hired; (h) alter, move or remove any fixture, fitting or furnishing of the Facilities or any City Hall Venue; (i) erect, affix or display (whether pinned, glued, taped or attached in any way) within the Facilities or its environs any advertisement or signage or do so contrary to any conditions imposed by City Hall Precinct Management and in any event without the prior written consent of City Hall Precinct Management which consent may be subject to such conditions as City Hall Precinct Management deem appropriate; (j) take any collection in or within the environs of the Facilities, (k) conduct any game of chance or mixed chance and skill, sweepstake or lottery in or within the environs of the Facilities; (l) bet or wage, or permit any person to bet or wager in or within the environs of 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 the environs of the Facilities; or (n) bring or permit to be brought in or within the environs of the Facilities any Dangerous Goods without the prior Updated 9 April 2008. Version 1.5 written consent of City Hall Precinct Management which consent may be subject to such conditions as City Hall Precinct Management deem appropriate. 6.3 Any reference to the Brisbane City Hall or any City Hall Venue therein by a Hirer in any published matter, either written or electronic, shall refer to the Brisbane City Hall by its full title. 6.4 Photography, Broadcasting and Television Recording The Hirer must not broadcast, televise, commercially record or photograph any activity within the Facilities or any City Hall Venue without the prior written consent of City Hall Precinct Management which consent may be subject to such conditions as City Hall Precinct Management deem appropriate (including additional charges). 6.5 Tickets (a) The issue of all tickets of admission are subject to the direction of City Hall Precinct Management. (b) The Hirer must ensure that City Hall Precinct Management approves any proposed event floorplan before it is made available for public sale via ticketing agencies. The Hirer must authorise ticketing agencies to make information regarding ticket sales available to City Hall Precinct Management. (c) The Hirer must open the box office for ticket sales and collections a minimum of one hour before the commencement of the applicable Hire Period. 9. NO SMOKING AND FIRE PREVENTION 9.1 City Hall Venues are smoke-free environments. 9.2 All scenery, properties, drapes etc. for use in the Facilities by or on behalf of the Hirer must be rendered fire-retardant before being brought into the Facilities. 10. USE OF SMOKE OR FIRE MACHINES 10.1 The Hirer is to advise City Hall Precinct Management in writing and within a reasonable time prior to commencement of the Hire Period if the Hirer or any of its employees, agents or contractors intend to use or bring onto the Facilities any smoke machines and candelabras/candles or any other machine, matter or material which emits or has the potential to emit smoke or fire, or emulates, simulates or has the potential to emulate or simulate the emission of smoke or fire. 10.2 Should any machine, matter or material referred to at Clause 10.1 emit or simulate the emission of smoke or fire which culminates in the Fire Services being called to the Facilities ('the call'), the Hirer indemnifies BCC in respect of any and all costs or charges incurred by BCC to the Fire Services in respect of the call, whether or not the Hirer duly notified BCC in accordance with Clause 10.1. The Hirer agrees that any and all costs and charges will be forthwith reimbursed to BCC within 14 days of written demand being made by BCC to the Hirer detailing the costs or charges so incurred. Should the Hirer not pay BCC the said costs or 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 termination of the Hiring. 7. FITNESS FOR HIRING PURPOSES 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 Purpose. 11. PARKING 11.1 Vehicles are not permitted to be parked at any time on the King George Square ramp. 11.2 Vehicles are not permitted to be parked in the backloading bay of City Hall Venues without written permission from City Hall Precinct Management. 8. DAMAGE TO THE CITY HALL VENUE OR FACILITIES 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 made by BCC the cost of: (a) repairing or making good any damage to the City Hall Venue or Facilities or the loss of or damage to any equipment, furnishings or other items arising out of or incidental to the Hiring other than damage caused by and to the extent of events outside the control of the Hirer or the negligence or wilful misconduct of BCC, City Hall Precinct Management or BCC employees or contractors; or (b) re-instating any altered, moved or removed fixtures, fittings, furnishings or other items of the Facilities to the state and condition prior to the alteration, movement or removal. This Clause 8 survives expiration or earlier termination of the Hiring. -4- 12. WORKPLACE HEALTH AND SAFETY ACT 1995 12.1 The Hirer will comply and cause its employees, agents and contractors to comply, with any requirements under the Workplace Health and Safety Act 1995 ('the Act') that apply to work being performed by them at the City Hall Venue pursuant to or purporting to be pursuant to the Hiring Purpose. 12.2 In particular, the Hirer will: (a) comply where applicable with the Hirer’s Workplace Health and Safety (“WH&S”) obligations to its workers as an employer under the Act; (b) comply where applicable with the Hirer’s WH&S obligations to itself as a self-employed person under the Act; Created 18Aug04 Updated 9 April 2008. Version 1.5 (c) where it controls any workplace at which work is to be performed pursuant to, or fixtures fittings or equipment that is used to perform, the Hiring Purpose, complies with its obligations to persons working at that workplace or using the fixtures, fittings or equipment under the Act; 13. ADDITIONAL FACILITIES, SERVICES AND EQUIPMENT 13.1 City Hall Precinct Management may allow the Hirer to use additional equipment and services, not able to be provided by City Hall Precinct Management. Any services, equipment and facilities must be operated and maintained in accordance with any written or verbal direction given by City Hall Precinct Management from time to time. 13.2 The Hirer shall not bring or allow any equipment, fittings or materials to be brought into the Facilities unless they are: (a) free from any defects; and (b) in good working condition. 13.3 City Hall Precinct Management reserves the right to inspect the equipment, fittings or materials brought into the Facilities. If any of such equipment, fittings or materials do not, in the opinion of City Hall Precinct Management comply with the requirements of these Conditions of Hire of Facilities, they must be removed immediately from the Facilities and must be replaced at the Hirer's expense. 13.4 All portable, electrical equipment must carry a current (less than 6 months) test and tag and must comply with Australian Electrical Standards and Occupational Health Safety. (d) comply and cause its employees, agents and contractors to comply with any WH&S requirements, directions or guidelines given by BCC through City Hall Precinct Management to the Hirer as to the manner of performance of those obligations whether such directions or guidelines are general in nature or specific to the Hiring or the Facilities. 12.3 If (a) the Hirer does not or fails to comply with the Hirer’s WH&S obligations or the WH&S requirements, directions or guidelines given by BCC regarding the Facilities or the Hiring; and (b) City Hall Precinct Management becomes aware of such failure by the Hirer and gives the Hirer a direction (whether verbal or in writing) to rectify that failure within a time that is reasonable (having regard to the Hire Period) or immediately if during the Hire Period; and (c) the Hirer fails to rectify or continues to not comply with the WH&S obligations or requirements or direction given by the City Hall Precinct Management within the required time, BCC may at its option (acting in its absolute discretion) elect either to: (i) as an additional charge to the Hirer, undertake the WH&S obligation, requirement or direction. The Hirer agrees to pay or reimburse BCC for the additional costs incurred or sustained by BCC to undertake the WH&S obligation or direction in accordance with clause 3.6. The Hirer agrees that should it fail to pay BCC’s costs, BCC may recover 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 without notice. Immediately upon termination of the Hiring, the Hirer will immediately cease to use and will leave the Facilities and Clause 15 (Venue Control) will apply. 12.4 If BCC or any of its officers, agents or contractors is or is held to be liable to any person or to have committed an offence because of a breach by the Hirer or any of its employees, agents or sub-contractors then, the Hirer will indemnify BCC and/or BCC’s officers, employees and contractors from and against all claims, losses, demands and damages incurred by BCC and/or any of those persons as a consequence of that breach. This Clause 12.4 survives expiration or earlier termination of the Hiring. 14. ADMISSION AND REMOVAL OF PERSON City Hall Precinct Management may at any time, in its reasonable discretion (having regard to such matters as, without limitation, the safety and security of other persons and City Hall Venues, and the conduct and purpose of the person at the City Hall Venue): (a) refuse admission of any person to the City Hall Venue: and (b) direct any person or persons to leave the City Hall Venue. 15. VENUE CONTROL; CLOSURE OF FACILITIES 15.1 City Hall Precinct Management retains the right to control the Facilities and all City Hall Venues including all ingress and egress, and over the timing of opening and closing of doors and the admission of the public. 15.2 If: (a) a person who has been refused admission to the Facilities enters it; or (b) a person who has been directed to leave the Facilities, fails to immediately comply with that direction,; (c) for the purpose of ensuring the safety and security of 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. -5- Created 18Aug04 Updated 9 April 2008. Version 1.5 15.3 If City Hall Precinct Management closes the Facilities in consequence of Clause 15.2: (a) the Hirer will be deemed to have voluntarily abandoned the Hiring; (b) the Hiring Charges will not be refunded; (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 Hirer due to or arising out of the closure of the Facilities under clause 15.2; and (d) it is without prejudice to any rights that have or may accrue to BCC for any antecedent breach of the Hiring. suffered or sustained by the indemnified party in defending or settling those actions, proceedings, claims or demands EXCEPT to the extent that any such liability was directly caused by the negligent act or omission of BCC or any of its officers employees or contractors. The indemnities as set out in this Clause 17 survives expiration or earlier termination of the Hiring. 18. FORCE MAJEURE 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 the extent that default or delay is caused, directly or 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 reasonable control of such party, provided: (a) the non-performing party is without fault in causing that default or delay; and (b) that default or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work around plan or other means, including disaster recovery plans. 18.2 If any of the above-enumerated circumstances substantially prevent, hinder, or delay the supply of any goods or delay performance or the provision of any of the services pursuant to the Hiring, then BCC may at its sole discretion do any of the following: (a) procure such services from an alternate source; (b) terminate any portion of the Hiring so affected; or (c) terminate this Hiring without liability to the Hirer from a date specified by BCC in a written notice to the Hirer, and the Hirer will not have the right to any payments from BCC as a result of any force majeure occurrence. 16. EXCLUSION OF LIABILITY BCC will not be liable for: (a) any loss or damage caused directly or indirectly by any fault in or failure of electricity supply, lighting, heating, electronic equipment or public address systems beyond the reasonable control of BCC; (b) any injury (including death) to any person or loss or damage to their property unless caused directly by the negligent act or omission or wilful misconduct of BCC or any of its employees and then only to the extent that is fair and reasonable having regard to BCC’s or its employees direct contribution to that loss, damage or injury; (c) the failure or breach by any agent or contractor engaged or contracted by BCC to supply any goods or provide any services for or on behalf of the Hirer pursuant to or purporting to be pursuant to the Hiring including but not limited to any catering services and provision of equipment, furnishings, decorative or other items and services in respect thereof; or (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 to in paragraph (c) hereof. 19. THE LORD MAYOR’S BOX 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). Sale of these seats are not permitted without written approval from the Lord Mayor, City Hall Precinct Manager, or authorised personnel. 17. INDEMNITY The Hirer fully indemnifies and keeps indemnified BCC and its officers, employees, agents and contractors against 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 by any person in respect of loss, damage or injury (including death) arising out of or in connection with, whether directly or indirectly: a.) the Hiring of the Facilities by; b.) any negligent, unlawful or wrongful act or omission or wilful misconduct of; or c.) a breach of any of the terms or conditions of the Hiring by, the Hirer or any of its staff invitees or attendees and against all costs, damages and expenses which may be incurred -6Created 18Aug04 20. DELIVERIES, STORAGE AND REMOVAL 20.1 City Hall Precinct does not have storage capacity other than function spaces within the Facilities during the Hire Period. The Hirer must advise City Hall Precinct Management of any deliveries in advance and mark all deliveries with name, date and City Hall Venue the subject of the Hiring. All goods must be delivered not more than 24 hours before the commencement of the Hire Period (unless other arrangements have been agreed in writing with City Hall Precinct Management) and immediately removed at the conclusion of the applicable Hire Period. Updated 9 April 2008. Version 1.5 Any goods left without prior arrangement will be deemed abandoned. 20.2 City Hall Precinct Management will not accept any responsibility for damage or loss of goods left at the Facilities prior to, during or after the Hiring. 26. PUBLIC LIABILITY INSURANCE 26.1 Unless notified in writing by City Hall Precinct Management to the contrary, the Hirer must effect and maintain a public liability policy of insurance providing 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 policy and on such other terms and conditions as are reasonably required or acceptable to BCC. The Hirer will produce the certificate of currency and the policy or endorsement to City Hall Precinct Management prior to commencement of the Hire Period. In certain circumstances, City Hall Precinct Management may waive the requirement for approved community organisations and non-commercial hirers to effect Public liability Insurance, which waiver will be confirmed in writing by BCC. 26.2 The Hirer must immediately notify the relevant insurer 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 assistance as may be reasonably practicable in all the circumstances and give to City Hall Precinct Management (if required) a statutory declaration as to any matters connected with such occurrence or accident. 26.3 To avoid doubt, the requirement or waiver of insurance does not in any way limit the Hirer’s liability under the indemnities given by the Hirer, and in respect of its obligations, under the Hiring. 21. LOST PROPERTY Only BCC staff may enter, examine and search the Facilities for lost property after the expiration or termination of the Hiring. Any property on being found will be registered and disposed of in according with BCC policy. 22. SUB CONTRACTORS BCC reserves the right to approve only selected sub contractors to service the Hiring at City Hall Venues. 23. LICENSING AND COMPLIANCE 23.1 Event Permits (a) In respect of a Hiring that is an “event”, the Hirer (at its own cost) agrees to obtain from BCC as local authority a permit as required by and in accordance with BCC’s Local Laws, prior to the commencement of the Hire Period. (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. -7Created 18Aug04 Updated 9 April 2008. Version 1.5 RESERVATION DEPOSIT AND CANCELLATION POLICY DEPOSIT ESTIMATED TOTAL REVENUE INTERNATIONAL BOOKINGS 1st RESERVATION DEPOSIT (Upon confirmation) 2nd RESERVATION DEPOSIT (90 days prior to the event start date) Between $0-$10,000 Above $10,000 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 $1,000 (or total amount should 10% of the estimated total the total revenue remain below revenue $1,000) A further payment bringing the Reservation Deposit held to the 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) Outstanding balance FINAL PAYMENT (Three business days prior to the event start date) 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 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 No refund of deposit or prepayments WITHIN 30-90 DAYS WITHIN 30 DAYS 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 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 Total room hire fee of all cancelled rooms to be charged to client’s account Created by BDMCH on 18/06/03 Updated by BDMCH on 09/04/08 WITHIN 30-90 DAYS WITHIN 30 DAYS Version 1.4 -8C:\Documents and Settings\form1\Desktop\City Hall forms\City Hall\city_hall_venues_conditions_of_hire.doc