Conditions for Swansea Centre Meeting Rooms Use Agreement

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.

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:
   • 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

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:
   • 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
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.

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.