Conditions of hire

1. Conditions for Library Meeting Rooms Use Agreement

Hirer Conditions:

  • Payment of the fee for the hire of the facility must be made prior to using the Council facility.
  • Proof of identity in the form of a Driver’s License or an alternative form of photographic ID must be provided at the time of induction or key pick-up.
  • All music and noise levels are kept at an acceptable level (including entering and leaving the premises), music must cease at 10:30pm and the facility vacated by midnight.
  • No smoking occurs inside the facility or within 10m of any door or open window.
  • The room must be clean and left in a tidy condition before vacating the facility at the end of the time of hire.
  • Obtain a Liquor License from Liquor & Gaming NSW if alcohol is to be supplied or sold at the room and provide notice to Council prior to the event.
  • If alcohol is supplied but not sold (by hirer or participants), the hirer must notify Police of the time, date and location of the event and provide proof to Council of such notice prior to the event.
  • If the Booking officer has assessed the event for which the hirer is using the facility has an increased risk, the hirer must provide professional security staff and provide details to Council prior to the event.
  • Food Authority NSW Guidelines for Food Handling must be followed, if food is to be prepared or sold at the facility.
  • Lighting is to be turned off and secure all windows and doors before vacating the Facility at the end of the time of hire.

Insurance

Public Liability Insurance of $20million is required from all hirers of Council facilities. This is not negotiable. Any sporting body, association or group, commercial hirers or profit making groups must provide a Certificate of Currency indemnifying Lake Macquarie City Council

  • The hirer accepts full responsibility for damage or injuries to third parties (outside the group) as the result of any wilful misconduct by the hirer or a member of the group.
  • You indemnify Council from and against all actions, claims, costs, losses, expenses and damages (including the costs defending or settling any action or claim) in respect of:
    • Loss, loss of use or, or damage to the property of Council
    • Personal injury (including death) or illness to any person or loss of, loss of use of, or damage to any property; resulting from or by reason of anything done or omitted to be done by you arising out of your activities undertaken at or near Council’s facility. Your Liability to indemnify Council is reduced proportionally to the extent that a negligent act or omission of Council or its employees has contributed to the injury damage or loss.

Casual Hirer

A casual hirer means any person or group of persons, not being a sporting body, club, association or group who uses a facility less than ten (10) times a calendar year, for non-commercial or not profit making activities. Public Liability insurance is not required from Casual hirers.

The hirer accepts full responsibility for:

    • All costs incurred for cleaning, repairing or replacing any part of the premises, its fixtures, fittings or equipment damaged or destroyed during the hire period.
    • Any loss or damage to any personal property (including money, jewellery and credit cards); and property on hire or loan, which is in the facility in connection with or because of its hire
    • The facility grounds and surrounding environment, The behaviour of all attendees and damage or injuries to third parties (outside the group) as result of wilful misconduct by the hirer or a member/s of the group
  • Keys for the room to be returned to Library staff at the earliest opportunity on the day following the hire period. In the event the keys are lost, council will charge the hirer as per the pricing policy to recover the costs of replacing keys and change of locks if required.
  • Cancellation Fees - the full usage fee will be charged for bookings cancelled with less than 48 hours’ notice. Fifty percent of the usage fee will be charged for bookings cancelled with 48 hours to one weeks notice.
  • A hirer must ensure any private electrical appliance used at Council facilities is tested and tagged in accordance with Australian Standards.

Breach of Terms

Any breach of the above terms entitles the Council to terminate the agreement and to require the immediate vacating of the Facility.

Council shall be entitled to recover from the Hirer the cost of remedying or rectifying any breach of the agreement including legal and court costs of such recovery.

I (Hirer’s representative) agree that I have read the Conditions of the Community Facility Use Agreement and agree to abide by them. I hereby certify that the information supplied in this application is correct to the best of my knowledge.

2. Conditions for Swansea Centre Meeting Rooms Use Agreement

1. Hirer Conditions:

  1. Payment of the fee for the hire of the facility must be made prior to using the Council facility.
  2. Proof of identity in the form of a Driver’s License or an alternative form of photographic ID must be provided at the time of induction or key pick-up.
  3. All music and noise levels are kept at an acceptable level (including entering and leaving the premises), music must cease at 10:30pm and the facility vacated by midnight.
  4. No smoking occurs inside the facility or within 10m of any door or open window.
  5. The room must be clean and left in a tidy condition before vacating the facility at the end of the time of hire.
  6. Obtain a Liquor License from Liquor & Gaming NSW if alcohol is to be supplied or sold at the room and provide notice to Council prior to the event.
  7. If alcohol is supplied but not sold (by hirer or participants), the hirer must notify Police of the time, date and location of the event and provide proof to Council of such notice prior to the event.
  8. If the Booking officer has assessed the event for which the hirer is using the facility has an increased risk, the hirer must provide professional security staff and provide details to Council prior to the event.
  9. Food Authority NSW Guidelines for Food Handling must be followed, if food is to be prepared or sold at the facility.
  10. Lighting is to be turned off and secure all windows and doors before vacating the Facility at the end of the time of hire.

2. Insurance

Subject to clause 3.1, public Liability Insurance in the sum of no less than $20million is required from a Hirer of Council facilities and a current Certificate of Currency must be provided to Lake Macquarie City Council prior to the event.

  1. The hirer accepts full responsibility for damage or injuries to third parties (outside the group) as the result of any wilful misconduct by the hirer or a member of the group.
  2. You indemnify Council from and against all actions, claims, costs, losses, expenses and damages (including the costs defending or settling any action or claim) in respect of:
    1. Loss, loss of use or, or damage to the property of Council
    2. Personal injury (including death) or illness to any person or loss of, loss of use of, or damage to any property; resulting from or by reason of anything done or omitted to be done by you arising out of your activities undertaken at or near Council’s facility. Your Liability to indemnify Council is reduced proportionally to the extent that a negligent act or omission of Council or its employees has contributed to the injury damage or loss.

3. Casual Hirer

  1. A casual hirer means any person or group of persons, not being a sporting body, club, association or group who uses a facility less than ten (10) times a calendar year, for non-commercial or not profit making activities. Public Liability insurance is not required from Casual hirers.
  2. The hirer accepts full responsibility for:
    1. All costs incurred for cleaning, repairing or replacing any part of the premises, its fixtures, fittings or equipment damaged or destroyed during the hire period.
    2. Any loss or damage to any personal property (including money, jewellery and credit cards); and property on hire or loan, which is in the facility in connection with or because of its hire
    3. The facility grounds and surrounding environment,
    4. The behaviour of all attendees and damage or injuries to third parties (outside the group) as result of wilful misconduct by the hirer or a member/s of the group
  3. Keys for the room to be returned to Library staff at the earliest opportunity on the day following the hire period. In the event the keys are lost, council will charge the hirer as per the pricing policy to recover the costs of replacing keys and change of locks if required.
  4. Cancellation Fees - the full usage fee will be charged for bookings cancelled with less than 48 hours’ notice. Fifty percent of the usage fee will be charged for bookings cancelled with 48 hours to one weeks notice.
  5. A hirer must ensure any private electrical appliance used at Council facilities is tested and tagged in accordance with Australian Standards.

4. Breach of Terms

Any breach of the above terms entitles the Council to terminate the agreement and to require the immediate vacating of the Facility.

Council shall be entitled to recover from the Hirer the cost of remedying or rectifying any breach of the agreement including legal and court costs of such recovery.

I (Hirer’s representative) agree that I have read the Conditions of the Community Facility Use Agreement and agree to abide by them. I hereby certify that the information supplied in this application is correct to the best of my knowledge.

3. Hirer Conditions for Community Facility Use Agreement

Before Hire:

  • Proof of identity in the form of a Driver’s Licence or an alternative form of photographic ID is to be provided at the time of key pick-up or induction
  • Incorporated associations, businesses or registered clubs must provide public liability insurance for a minimum sum insured of $20,000,000 as well as a policy for loss or damage to any property brought to or left at the Council facility.
  • If the Booking Officer has assessed that the event for which the hirer is using the Council facility has an increased risk, the hirer may be requested to provide professional security staff and provide details to Council prior to the event.
  • If alcohol is to be sold, a Liquor Licence from the relevant authority must be approved and evidence provided to Council prior to the event.
  • If alcohol is consumed but not sold at the Council facility (by hirer or participants), the hirer must register the event with NSW Police and provide proof to Council of the registration.
  • A hirer must ensure that any electrical appliances brought by them onto the Council facility are tested and tagged by a qualified electrician prior to use.
  • Payment of the fee shown on the Community Facility User Agreement must be made prior to using the Council facility.
  • Cancellation Fees - the full usage fee will be charged for bookings cancelled with less than 48 hours’ written notice. Fifty percent of the usage fee will be charged for bookings cancelled with 48 hours to one week written notice.
  • Additional Terms and Conditions on the Confirmation Letter must be complied with.

Keys:

  • The key will be available for collection at the library branch nominated in the confirmation email. The key can be picked up between 9am-5pm Monday to Friday and 9am-12pm Saturday. Council will not allow collection of the keys outside of the operation times of the nominated library branch.
  • If keys are locked in the Council facility or lost during hire, it is the Hirer’s responsibility to contact Council’s after hour’s service on 4921 0333 for further instructions. The Hirer will be responsible for any fees incurred by Council due to the loss of the key.
  • Keys must be returned to the same location the key was collected at the earliest opportunity on the first business day following the hire period. In the event the keys are lost, Council will invoice the hirer as per the pricing policy to recover the costs of replacing keys and change of locks if required.

On Arrival:

  • If the Hirer arrives at the Council facility and it is in an untidy state, floors are dirty, garbage bins are full or there is visible damage, photograph and return photos to Council.

During Hire:

  • No smoking is to occur inside the Council facility or externally within 10 metres of any door or open window.
  • Food Safety Standards must be followed if food is to be prepared or sold at the Council facility, information is available at http://www.foodstandards.gov.au
  • All music and noise levels are to be kept at acceptable levels (including entering and leaving the premises) and are to cease at 10:30pm and the Council facility vacated by midnight.
  • The hirer accepts full responsibility for;
  • All costs incurred for cleaning, repairing or replacing any part of the premises, its fixtures, fittings or equipment damaged or destroyed during the hire period.
  • Any loss or damage to any personal property (including but not limited to money, jewellery and credit cards); and property on hire or loan, which is in the Council facility in connection with or because of its hire.
  • The Council facility grounds and surrounding environment.
  • The Hirer is responsible for the behaviour of all attendees and damage or injuries to third parties (outside the group) as a result of willful misconduct by the hirer or member/s of the group.
  • The Hirer must report to Council any damage that occurred to the Council facility during the period of hire.

Exiting the Council Facility:

  • The Council facility must be cleaned and left in a tidy state before vacating, including emptying garbage bins and disposal of all rubbish and bottles away from the Council facility.
  • The Council facility lighting and appliances are turned off and all windows and doors securely locked before vacating.

Security Deposit:

  • A pre-authorisation hold is required from the Hirer as a security deposit for use of the facility in case of a breach of the Terms and Conditions. The pre-authorisation hold will commence two to three business days prior to hire of facility.
  • Subject to any dispute in relation to the condition of the premises following the period of hire, Council will arrange for the pre-authorisation security hold be released within five to ten business days, depending on financial institution, following hire of the Council facility.

Indemnifications.

  • The Hirer Indemnifies Council from and against all actions, claims, costs, losses, expenses and damages (including the costs defending or settling any action or claim) in respect of:
  • Loss of, loss of use of, or damage to property of Council: or
  • Personal injury (including death) or illness to any person or loss of, loss of use of, or damage to any property;

Resulting from or by reason of anything done or omitted to be done by the Hirer arising out of the Hirer’s activities undertaken at or near Council’s facility. The Hirer’s liability to indemnify Council is reduced proportionally to the extent that a negligent act or omission of Council or its employees has contributed to injury, damage or loss.

Breach of Terms

Any breach of the above terms entitles Council to terminate the agreement and to require the Hirer to immediately vacate the Council facility.

Council shall be entitled to apply the whole or any part of the bond to remedy any breach of this agreement (including but not limited to administration, legal and court costs of such breach) and demand from the Hirer any balance owing to it on behalf of the Council, if the bond is insufficient to meet the cost of remedy.

4. Performing Arts Theatre Terms of Use

Council agrees to hire to either the Warners Bay Theatre OR the Rathmines Theatre (‘the Theatre) on the following terms and conditions:

1. Term and Purpose of the Hire

Council will hire the Theatre to the Hirer on the agreed booking dates for the specified purpose as per the online application form.

2. Extension of Term

  1. The term of hire may be extended with the prior written consent of Council if the Theatre is not already booked.
  2. An extension fee will be charged as set out in Council’s fees and charges.

3. Payment

The Hirer will pay Council a booking fee and subsequent hire fees as per the fees and charges.

4. The Council’s Obligations

Council will:

  1. ensure that the Theatre is in a clean condition and any pre-existing damage to the fixtures or fittings of the Venue shall be noted;
  2. ensure that the Hirer has access to the Theatre at all times during the term of the hire;
  3. allow the Hirer to set up staging, lighting, sound devices and promotional collateral in the Theatre in consultation with Council and within the Theatre’s risk assessment parameters;

5. Hirer’s Obligations

The Hirer will:

  1. be 18 years of age or over;
  2. take out and maintain adequate Public Liability Insurance (min $20M), contents insurance, volunteers insurance and workers’ compensation for the Hirer’s equipment, employees, agents and licensees;
  3. prior to first time hire - undergo a Council site induction. Inductions are also required if 8 months or more has lapsed since the last hire by the Hirer.
  4. on entering the Theatre prior to usage, undertake a condition check and inform Council immediately of any issues by calling the contact number provided in the operation manual. Throughout your hire, report any breakage, damage or theft to the Theatre or its fittings or fixtures and pay for any damage or loss suffered by Council that is caused by the negligence of the Hirer;
  5. whilst undertaking a condition check on arrival and throughout the duration of your hire ensure to refer to the Theatre risk assessment. It is your obligation to ensure a safe environment for all patrons at all times. The risk assessment will assist in ensuring you have reviewed previously identified potential hazards. You should also add to the risk assessment should another hazard become apparent during your hire of the Theatre.
  6. not attach in any way to walls (both exterior and interior), doors, glass, floors, furniture or fittings in or around the Theatre any nails, screws, adhesive tapes, signs or other items without the prior written consent of the Council;
  7. not use any form of tape on the stage floor, chalk is only permitted for stage marking and must be removed before leaving the Theatre;
  8. not interfere with or alter any of the electrical installations, pre-set lighting systems, stage curtains/legs, sound systems, security systems, or other technical equipment owned by Council without prior written consent - changes made without consent will result in the Hirer being liable to reimburse Council for full amount incurred by a contractor to rectify;
  9. set up all staging, lighting and sound devices as per the Operation Manual
  10. ensure that all incoming electrical equipment and electrical leads are tested and display a current tag - only small low voltage equipment is permitted e.g. Sandwich press, urns etc. No deep fryers, fridges, freezers are to be bought into the Theatre. If you bring additional cooking equipment into the Venue and the electrical system is blown or damaged as a result, the Hirer will be responsible for all costs involved to rectify such;
  1. not use the Theatre for any dangerous activity;
  2. clean and tidy the Theatre at the end of hire, including:
    1. remove all rubbish to the bin provided at the rear of the Theatre - please do not place in park bins;
    2. sweep, mop and vacuum the Theatre, cleaning up any spillage occurring during the period of hire, and leaving toilet facilities in a sanitary condition;
    3. wiping down furniture to ensure all are left clean;
    4. wipe down all kitchen bench tops, clean microwave, fridge, stove and oven;
    5. remove any chalk marks used for stage marking;
    6. make sure that all furniture is returned to its original position;
  3. maintain the Theatre in the condition it was in at the commencement of the term of hire;
  4. accept full responsibility for any loss or damage to any personal property (including money, jewellery, and credits cards) and property which is on hire or loan directly to the Hirer;
  5. vacate the Theatre on or before the end of the hire period (no access before 8am and after 11.45pm unless preapproved by Council in writing);
  6. allow Council and its employees, agents and licensees reasonable access to the Venue;
  7. follow security and exiting procedures as set out Operation Manual.
  8. return the key and any equipment to Council no later than the next working day;
  9. endeavour to limit offensive noise by employees, agents and licensees, as well as the audiences while entering and leaving the Venue;
  10. ensure there is no smoking in or outside the Venue at any time;
  11. ensure if alcohol is supplied and/or sold at the Venue that an appropriate liquor licence is held an a licensee is present and those serving the alcohol have Responsible Service of Alcohol qualifications;
  12. ensure that no more than 300 people occupy the Venue for the term of the Hire according to the Entertainment Licence as displayed in the foyer of the Venue;
  13. make themselves aware of the Evacuation Procedure outlined in the Operation Manual.
  14. ensure that all fire exits remain clear and unobstructed at all times, and that all fire doors remain closed.

6. Hirer’s Warranty and Indemnity

  1. The Hirer warrants that it has obtained the permission of all copyright owners to stage the event at the Venue, and that the event does not contain any defamatory material to the Hirer’s knowledge, and the Hirer indemnifies Council against any and all claims, costs, actions and damages brought or suffered as a result of breach of this warranty.
  2. The Hirer indemnifies Council and agrees to keep Council indemnified against all costs, expenses, claims and liabilities arising from loss or damage to property or injury or death of persons from or during the term of hire.

7. Cancellation

  1. For bookings cancelled with less than 48 hours notice - full usage fee will be charged.
  2. For bookings cancelled with 48 hours to one weeks notice - 50% of usage fee will be charged.
  3. For bookings cancelled with one to two weeks notice - 25% of usage fee will be charged.

Council will honour all bookings; however, in consultation with the Hirer, reserves the right to cancel a booking if required, for reasons including:

  • Maintenance
  • Damage and repair
  • Extraordinary incidents
  • Programming priorities

If this is the case, Council Officers will seek alternative venues at no additional cost or impediment to the Hirer.

8. Termination

  1. Council may terminate this agreement if the Hirer has not made full payment within 14 days of receiving the invoice for hire fees under clause 3;
  2. If a party is in breach of their obligations under clauses 4 and 5, the other party may give the party at fault, written notice of the breach and give no less than 2 days within which to remedy the said breach. If the breach remains unremedied, the agreement can be terminated.

9. Entire Agreement

This agreement constitutes the entire agreement between the parties and may be amended only in writing signed by both parties.

10. Jurisdiction

This agreement will be construed in accordance with the laws of the State of New South Wales.

11. Disputes

The parties will use their best endeavours to submit any dispute, which arises out of the agreement to mediation if it is appropriate to do so.

12. Special condition - COVID-19

A condition of your booking is your acceptance to be respectful and ensure the regulations and compliance with social distancing measures implemented by Australian Government Department of Health.

Ensure you are aware of changes and updates by the Federal and State Governments in regard to outdoor gatherings and social distancing prior to your booking.

A dedicated web page has been published on Council’s website at lakemac.com.au/COVID-19 that has more information and helpful links to NSW Health and the Federal Department of Health.

A list outlining your Groups Name, Date and Time of booking and a list of all attendees with contact details must be available for NSW Police or Council representatives to view if requested. The list must be forwarded to theatres@lakemac.nsw.gov.au within 12 hours of your booking.

Please note and respect the venues COVID-19 signage, including maximum number of persons allowed to enter each area of the theatre and “Do Not Enter” signage.