Lake Mac Theatres Terms of Use

Council agrees to hire 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.