Birchip Community Leisure Centre Incorporated – Hire Conditions

1. APPLICATION

Any person or persons wishing to hire any of the above named areas can apply either by telephone or in person to the Manager.

Written confirmation is required by the applicant who must complete the “Application for Casual/Occasional Hire” form as documented by the Birchip Community Leisure Centre Inc.,

This form must be returned to the Manager who coordinates the bookings for the facility.

2. NOTICE OF CONDITIONS OF HIRE

Applicants must be fully conversant with the “Birchip Community Leisure Centre Conditions of Hire” and on signing the application, acknowledge that this notice has been received and examined by them, and that they are fully aware and agree to the conditions, indemnities and other authorities as documented in this notice.

3. DAMAGE

The floor, walls, curtains or any other part of the hired building or any fittings or furniture shall not be broken, pierced by nails, or screws, or in any manner or in any other way damaged.

If any damage takes place, the Managers assessment of damage shall be taken as final, without right of appeal, and such sum shall be deducted from any deposit held by the Birchip Community Leisure Center Inc., for the function. If such sum is more than the amount of any deposit lodged, the hirer, upon request, shall forthwith pay to the Birchip Community Leisure Centre Inc., the balance of the cost of repairing such damage.

4. SEATING

The hirer under, supervision of the Manager, may vary the arrangement of seats in the Centre and/or rooms provided that they are arranged in conformity with the Victoria Building Regulations.

5. MAXIMUM ACCOMMODATION

The maximum number of persons, who may be accommodated, varies according to the area in use, and the type of function.

6. LIMIT OF HIRING

The hirer shall only be entitled to use the specified part or parts of the building hired, and the Manager reserves the right to let any other portion of the building for any other purpose or purposes at the same time.

7. REFUSAL TO LET

It shall be at the discretion of the Manager to refuse to let the venue, in any case and not withstanding that the venue may have been let or that these conditions may have been accepted and signed, and the rent and any deposit paid.

The Birchip Community Leisure Centre Inc., shall have full power if it sees fit to cancel such letting and direct the return of the rent and/or deposit so paid.

The hirer agrees in such cases to accept the same and to be held to have agreed to such cancellation and to have no claim at law or in equity for any loss or damage in consequence thereof.

8. MUNICIPAL FUNCTIONS

The Committee has the authority to cancel any bookings made for the venue when the same are required for Council functions, municipal elections, State or Federal elections and not withstanding that the venue may have been let or that these conditions may have been accepted and signed and the fees and/or deposit paid to the Birchip Community Leisure Centre Inc.,

The Executive Committee may direct the return of funds received and the hirer agrees in such case to accept the same and to be held to have agreed to such cancellation, and to have no claim at law or in equity for any loss or damage in consequence thereof.

9. LIQUOR

a) All alcohol consumed on the premises, is to bought from the Leisure Centre. Hirers can not bring their own alcohol to their private functions.

b) A copy of the current Liquor License is available for viewing at the bar.

c) Arrangements can be made with the Manager for any special requirements for a private function.

d) Hirers of the Centre must take care to avoid any spillage; however should this occur, the hirer must notify the Manager as soon as possible of the incident, so the necessary action can be taken to clean the area in question.

10. KITCHEN FITTINGS AND APPLIANCES

Caterers and hirers shall not take into the kitchen or any part of the complex, or use any gas or electrical appliances not supplied by the Birchip Community Leisure Centre Inc., (eg. No spit roasts, portable deep fryer, hotplates etc) unless permission has first been obtained from the Manager.

A “Kitchen Rules and Regulations” guide is attached to this document.

11. POWER, LIGHTING AND GAS

The Birchip Community Leisure Centre does not have any auxiliary plants, and in the event of any restriction being imposed by the statutory bodies concerned, the hirer at his own expense may make arrangements for temporary supplies, subject to the approval of the Manager for both the type of temporary installation and the placing thereof.

12. DISORDERLY BEHAVIOUR

No spitting, obscene, insulting language, or disorderly behaviour or damage to property shall be permitted in or to any part of the building.

No person/s will be admitted to the Leisure Centre if already in an intoxicated condition.

14. GAMBLING

No game of chance, at which either directly or indirectly money is passed as a prize, shall take place in any portion of the building without first obtaining the consent of the Birchip Community Leisure Centre Executive Committee.

15. SUB-LETTING

No portion of the building hired shall be sub-let or any tenancy transferred or assigned without the written consent of the Executive Committee.

16. OBSTRUCTIONS

The hirer shall comply in every respect with all relevant Acts, Regulations and Local Laws with regards to public buildings for the prevention of over-crowding and obstruction of gangways, passages, corridors or any other part of the building. Any person causing an offence will be held responsible and liable for any injuries caused and shall be removed from the building.

17. LIGHTING OF EXITS

All exits shall be illuminated and no variation shall take place except in accordance with prior arrangements approved by the Executive Committee or Manager,

18. OPEN FLAME LAMPS OR INCENDIARY DEVICES

No open flame shall be used in any part of the venue without the Managers permission following a review of the process and type of lamps proposed to be utilized by the hirer.

19. THEFT/DAMAGE OF ITEMS

The hirer agrees to indemnify Birchip Community Leisure Staff and Committee against liability for items lost or damaged:

a) By the hirer, or any person, firm or corporation entrusted to or supplying any object to the hirer.

b) By any person who either has attended the function and/or assisted with the preparations for such function.

20. BREACHES

Any person committing a breach of any one or more of these conditions is liable to be expelled from the building regardless of whether or not he/she may have paid for admission.

21. PERFORMING RIGHTS

In the case of dramatic or other performance, or a concert, the hirer shall not produce, or permit to be produced or performed, any dramatic or musical work in infringement of the copyright of performing right of any owner of such right or rights, and the hirer agrees to indemnify the Birchip Community Leisure Centre Inc., against any claim for breach of copyright or any action therewith.

22. INSURANCE

(a) The hirer of the Birchip Community Leisure Centre shall not do, nor neglect to do, nor permit to be done, nor leave undone, anything which will affect the Centre’s insurance policy or policies relative to fire or public risk in connection with the building.

The hirer agrees to indemnify the Birchip Community Leisure Centre to the extent that such policies are affected through any such act of commission or omission.

b) The Hirer will insure its sets, costumes, properties and equipment and all goods and materials of any kind brought into the venue in connection with the function. The Hirer will produce to the Manager proof of such insurance as required.

23. PUBLIC LIABILITY INSURANCE

a) Public Liability Insurance Cover is included in the cost for a hirer who is using the facility for the purpose of a meeting, wedding, debutante ball, fair, luncheon, cabaret, conference, 21^st party etc.

The Hirers have a duty of care towards any person attending the function to ensure that the event is run in an orderly manner and not place any person or property at risk to injury or damage

24. INDEMNITY

The hirer hereby forever releases, discharges, indemnifies and holds harmless the Birchip Community Leisure Centre Inc., its servants and agents and independent contractors employed by the Birchip Community Leisure Centre:

a) From all damages, action, suits, claims, costs and demands, which may be made or recovered against the Birchip Community Leisure Centre by any person whatsoever in respect of any loss, injury (including death) or damage sustained whilst in or upon the Birchip Community Leisure Centre premises except to the extent that such loss, injury or damage is caused by the negligence of the Birchip Community Leisure Centre, its servants and agents.

25. CLEANING

The hirer shall leave the venue kitchen and/or rooms in a tidy condition and all fixtures in good order and condition, and shall immediately place all refuse, rubbish and waste matter, in plastic bags within garbage containers provided. The venue floor is not to be cleaned with solvents other than those approved by the Manager.

26. MANAGEMENT OF BIRCHIP COMMUNITY LEISURE CENTRE

The hirer and persons under his direction shall forthwith obey all directions or orders given by the Manager as to the management of the venue and functions being conducted therein.

27. DISPUTES

In the event of any dispute or difference arising as to the interpretation of these conditions, or of any matter or thing contained therein, the decision of the Executive Committee thereon shall be final and conclusive.

28. CONDITIONS OF HIRE

Hirers are advised that these conditions of hire may be altered or extended by the Birchip Community Leisure Centre Executive Committee at any time.

29. GOOD SPORTS ACCREDITATION PROGRAMME

The Birchip Community Leisure Centre is a member of the above programme. Terms and conditions are outlined in the attached documents. Any breach of these commitments made by the Birchip Community Leisure Centre will result in refusal of future hiring by the hirer involved.