Hirer Conditions for Community Facility Use Agreement

Before Hire:

• Applications must be returned (with all supporting documentation) withing 14 days of receiving the application. Your booking can be cancelled if documentation is provided outside of this time frame.
• The applicant must be 18 years of age or over in age and agree to sign the terms & conditions.
• Proof of identity in the form of a valid Driver’s Licence or an alternative form of valid photographic ID must be confirmed by Council staff.
•  Incorporated associations, 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 Community Facility.   
• If the Booking Officer has assessed that the event for which the hirer is using the Community Facility has an increased risk, Council may contract security guards and RSA marshalls.   
• 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 Community Facility (by the Hirer or participants), the Hirer must register the event with NSW Police and provide proof to Council of the registration. https://www.police.nsw.gov.au/online_services/party_safety/register_my_party
•  A Hirer must ensure that any electrical appliances brought by them onto the  Community 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. 
• Weapons are not to be brought to Council venues. Entry may be declined if you are found to have a weapon.
• 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.

On Arrival:

• If the Hirer arrives at the Community 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:

• The Hirer/Hirer’s representative or a responsible adult over the age of 18 must be present for the duration of the booking.
• Councils contracted Security and or RSA Marshall have the right to terminate your booking if you do not comply with the information provided on your application. Additionally, your booking may be terminated if the bookings is determined to be 'out of control' or moving towards being 'out of control' including the breaking of any lawsIf your booking is terminated, a refund will not be provided. The number of security required is based on the number of attendees.
• No smoking is to occur inside the Community 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 Community 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 Community Facility in connection with or because of its hire.
  • The Community Facility grounds and surrounding environment.

• The Hirer must report to Council any damage that occurred to the Community Facility during the period of hire.

Exiting the Council Facility:

• The Community 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 Community Facility. 
• Hire of the facility is in agreement of a make good clause. The facility must be cleaned to the same standards as the arrival appearance. 
• The Community Facility lighting and appliances are turned off and all windows and doors securely locked before vacating.

Security Deposit:

• A site inspection may be required before and after the activity and a bond/deposit required.
• 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 Community 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 Community 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.