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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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Created 18Aug04                                                                                                  Updated 9 April 2008.
                                                                                                                 Version 1.5
     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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Created 18Aug04                                                                                                    Updated 9 April 2008.
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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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Created 18Aug04                                                                                                        Updated 9 April 2008.
                                                                                                                       Version 1.5
   (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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                                                                                                                      Version 1.5
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
                                                                       -6-
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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