TERMS & CONDITIONS FOR HIRING THE WHEELERS HILL MEETING ROOM
1. a. APPLICATIONS Applications to hire the Wheelers Hill meeting room must be made on the appropriate Application Form which must be completed in full. Applications can only be made by community groups and commercial organisations. The meeting room is not available for private functions. Applicants may be required to provide proof of identity. Applicants must be over the age of 18. Bookings will only be accepted for hire on weekdays (Monday – Friday) between the hours of 10.00am and 8.00pm.
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DEPOSIT / HIRE FEE Bookings will be confirmed upon receipt of deposit. In the event of lost keys the hirer will be responsible for all costs incurred for the changing of locks and all keys. Payment of the Hire Fee, less any Deposit already paid, shall be made no later than the date specified in the contract. The balance of the payment must be made within 7 days prior to the date of the meeting. The payment will be by cash or cheque. CANCELLATION OF BOOKING If a booking is cancelled more than 60 days prior to the date of the function, any monies already paid shall be refunded (see note below). If a booking is cancelled between 30 and 60 days prior to the date of the function, the deposit and applicable GST shall be forfeited. If a booking is cancelled between 14 and 30 days prior to the date of function, the deposit, 50% of any hire charges and applicable GST paid towards the cost of hire will be payable. If a booking is cancelled less than 14 days prior to the function, 90% of all hire charges, including the deposit and GST, will be payable.
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Either the Management or the Chief Executive may authorise refusal or cancellation of Hire of the Venue notwithstanding that such Hire may have been duly entered into in accordance with these conditions, and that the Deposit and / or Bond and / or Hire Fees may have been paid. The Management or the Chief Executive shall direct the refund of any monies paid by the Hirer, less any amounts due to the Council. The Hirer shall accept the same and be held to have consented to such cancellation, and to have no claim at law or in equity for loss or damage in consequence thereof. NOTE: Refund requests may take up to 60 days to be process
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INSURANCE/INDEMNITY
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The Hirer agrees to indemnify and keep indemnified and to hold harmless the Council, its servants and agents from and against all loss or damage to the property of Council and from and against any claim, demand, action, suit or proceeding that may be made or brought by any person against the Council, or employees, or agents of Council or any of them in respect of personal injury to, or the death of, any person whomsoever or loss or damage to any property arising out of or as consequent of the tenancy and also from any costs and expenses that may be incurred in connection with any such claim, demand, action, suit or proceedings.
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The Hirer must, at its own cost, take out and keep current during the period of the hiring a Public Liability Policy of Insurance of a sum not less than five million dollars ($5,000,000.00). It must be in the joint names of the Hirer and the City of Monash (or refer 4c). The policy must include cover for liability to third parties in any way arising out of the hiring and must contain a cross liability clause to provide cover for the liability of all parties comprising the insured as if separate policies of insurance had been issued to each of them and except with the consent of Council, must also contain a waiver of subrogation clause. The policy must also confirm that the insurance cover includes the indemnity required to be given by the Hirer as part of this agreement. Proof of this policy must be by way of a Certificate of Currency that must be annexed to this agreement and form part of the agreement. Or one of the following clauses must be included on the Certificate of Currency: "The interests of the City of Monash have been noted onto this policy as Additional Named Insured in so far as the (name of hall hirer/group) use of Council premises under a contract of hire/lease.” Or "The within policy is extended to Indemnify the City of Monash for liability in so far as the (name of hall hirer/group) use of Council premises under a contract of hire/lease.” Or Note the City of Monash as Principal if an appropriate “Principals indemnity clause” is included in the policy.
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c.
If the Hirer is unable to obtain cover as required by Clause 4c above, insurance cover other than “joint-named” may be accepted by Monash Public Library Service provided it clearly and specifically indemnifies Monash City Council for the events required under this agreement. It is the Hirers’ responsibility to ensure that the Monash Public Library Service has a current certificate at all times. A hirer may be denied entry if a current certificate is not held. Alternately (if applicable) The Hirer may elect to accept cover under Council’s blanket policy for facility hirers. If undertaking this option, the request must be made in writing to the Monash Public Library Service. The Hirer will be charged per session at the prevailing rate. The Council’s policy for hirers cannot be provided to sporting bodies engaged in their primary activity, i.e. a karate club using venue for karate, or actual participants in a casual sporting event. Also, the policy is not available for hirers using the same premises more than fifty-two times a year. d. Hirers who can provide evidence of insurance cover from either the Departments of Education and Training or Human Services (HAC) shall not be required to provide public liability insurance under this clause. The Hirer must at all times take all such precautions as are necessary to protect the health and safety of the public and persons entering the property.
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TERMINATION OF MEETING The Meeting must conclude at the time set out in the Contract and the room must be vacated as soon as practicable thereafter otherwise penalty rates will apply retrospectively. A security service is employed to enforce this requirement. All furniture and other moveable items are to be returned to their original location, and appliances switched off after use.
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CLEANING The room is to be cleaned immediately after the meeting, ie the same night. If cleaners are used because of unsatisfactory cleanliness, this cost will be billed to the hirer. All rubbish is to be placed in garbage bins provided. Crockery, cutlery and other utensils must be rinsed, washed, dried and put away. A dishwasher is available for use in the rear storage room. Tea towels and table cloths are not provided.
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KEYS Providing that all payments have been made and the Hirer holds Public Liability Insurance, keys will be available for collection from the Wheelers hill Library (Monday to Friday 10am to 8.30pm & Saturday 9am to 4pm) Keys must be returned to the library at the completion of the meeting.
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SUB-LETTING The Hirer shall not allow any portion of the meeting room to be hired, sub-let, transferred or assigned.
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NOISE Noise must be kept within Environmental Protection Authority and City of Monash ByLaw Regulations (ie music must not be audible in a habitable room of a neighbouring residential premises) No musical instrument, amplified sound equipment, or public address system is to be audible beyond the boundaries of the Venue.
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10.
SMOKING - PROHIBITED
Smoking within the premises is prohibited at all times. Hirers of the meeting room are responsible to ensure their guests / members / invitees, etc do not smoke within any part of the premises.
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CONSUMPTION OF LIQUOR
A liquor licence is not required unless a charge is made for alcoholic drinks, or liquor is sold or raffled or is included in the cost of a ticket. In this case a licence must be obtained from the Liquor Licence Commission, on telephone number 9412 6666 and be produced to the Manager prior to the function and then displayed at the function.
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GAMBLING
Gambling is prohibited without Council approval. Applications for approval must be made to Council’s Town Planning Department. 13. FOOD REGULATIONS
Catering for the Wheelers Hill meeting room is available from café@MGA: phone 9562 2400 (optional). Council’s Environmental Health Section advise that where a caterer is used for a function, it is recommended that an accredited caterer, registered under the Foods Act 1984 be used. 14. POLICE ATTENDANCE / SECURITY GUARDS
The Hirer shall, when so directed by the Manager of the meeting room, arrange for police attendance, security guards and / or parental supervision.
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15.
THEFT
Neither the Council nor the Management shall be liable for any loss or damage incurred by the Hirer or his / her guests / member / etc.
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OBSTRUCTIONS TO FIRE EXITS
The Hirer shall at all times ensure no fire exits are obstructed or locked during a function.
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MAINTENANCE OF PREMISES AND CONTENTS Heavy articles may not be brought into the meeting room except with the approval of the Manager. Stores, glassware, food, drink, decorations or any property brought into the meeting room by the Hirer or his / her invitees must be removed from the meeting room immediately after the function, unless special arrangements have been made with the Manager. Property not claimed after seven (7) days will be disposed of to a charitable institution. The Hirer will carry out such directions as may be made by the Manager for the protection of the floors of the meeting room from stain and damage. The Hirer shall reimburse to Council upon demand all monies expended by Council for, or in connection with, any loss of or damage to the meeting room or the contents thereof.
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The floors, walls, fittings, curtains, furnishings, furniture or any part of the building or contents shall not: be written on, pierced by nails or screws, or in any way damaged; have attached thereto any adhesive tape without the prior consent of the Manager. have erected therein or attached thereto any notices, signs, advertisements, scenery or decoration of any kind without the prior consent of the Manager. No open flame, kerosene or spirit type lamps including candles, barbeques or spits, shall be used in any part of the meeting room without prior consent of the Manager.
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ANIMALS PROHIBITED No animals are permitted to be brought into the meeting room with the exception of guide dogs for the visually impaired.
20. a.
GENERAL Whenever appearing in these conditions the expression “Chief Executive” shall be deemed to include any Appointee acting with authority of the Chief Executive, expressly or limited. Whenever appearing in these conditions the expression “Management” shall be deemed to include any member of the Monash Public Library Service Employees or representatives, expressly or limited.
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e. Either the Management or the Chief Executive shall at all times, notwithstanding any hiring, be entitled to free access to any and every part of the venue.
Should you require any further information regarding the Wheelers Hill meeting room please telephone the library on 9561 6211. Alternatively you may like to e-mail any queries to jasonb@monlib.vic.gov.au or traceyo@monlib.vic.gov.au.
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