Venue Hire Terms and Conditions
Venue Hire Terms and Conditions
Definitions
Campbelltown Arts Centre (CAC): Refers to Campbelltown Arts Centre, situated at 1 Art Gallery Road, Campbelltown NSW 2560
Campbelltown City Council (CCC): refers to the owner of Campbelltown Arts Centre
The Hirer: Refers to the person named on the agreement attached hereto
The Venue: refers to the Campbelltown Arts Centre (CAC)
The Section: refers to the space or room you have hired as described on the CCC and CAC website and online booking system
The Café: refers to the onsite café located at the Campbelltown Arts Centre
Regular Hirer: Refers to approved regular booking agreements entered into between CCC and the Hirer.
Booking System: Refers to the online booking facility operated through the CCC and CAC websites.
High risk events: Refers to adult birthday parties, adult functions, weddings, engagements, Christmas parties and any other function that CCC determines as a high risk irrespective of whether alcohol is present at the venue or not
Regular Bookings: Regular bookings are only available on weekdays and up to 3pm on a Friday. Ten (10) or more bookings need to occur in a financial year for it to be considered a regular booking.
Not-for-profit: are groups who work for the benefit of the local community who may receive external funding or sponsorship and CCC will require proof of that status.
Volunteer groups: refer to an organisation or group who help others for the benefit of the local community without any compensation. They do not receive external funding or sponsorship and are operated by volunteers.
COVID-19: means the disease known as Novel Coronavirus (COVID-19) caused by the virus SARS-CoV-2, being a Public Health Emergency of International Concern characterised as a pandemic by the World Health Organization on 11 March 2020 (COVID-19) and resulting in orders by NSW Health under the Public Health Act (NSW) 2010 including the Order.
1. The Hirer
1.1. The Hirer must be 21 years of age or over and must provide proof of age, when submitting an application to use the Venue.
1.2. If the Hirer is hiring the Venue on behalf of a registered or incorporated organisation, they must possess and provide a copy of their Certificate of Currency for Public Liability Insurance. A minimum coverage amount of $20 million is required and an active ABN and/or ACN number
1.3. The Hirer is responsible for the conduct and behaviour of all persons attending their function as well as any suppliers to their function.
1.4. The Hirer must be on the premises during course of the function or event. In the event of regular venue hire on behalf of an organisation, the Hirer must demonstrate that they have the authority to book the hall on behalf of their organisation and identify a relevant contact person from the organisation who will be present during the function or event. The Hirer is responsible to adhere to the Public Health Order by NSW Health under the Public Health Act (NSW) 2010. Breach of orders made under the Public Health Act 2010 is an offence and may attract penalties.
2. Booking Process
2.1. A booking request must be received fourteen (14) days or more, prior to the intended booking date.
2.2. The Hirer must read all the terms and conditions herein and signify their agreeance by completing the online application form.
2.3. The Hirer must provide a digital copy of the Certificate of Currency for Public Liability Insurance to Council when submitting their agreement (if applicable) and upload it onto Council’s online booking system.
2.4. Council reserves the right to cancel the booking at any time by giving written notice to the Hirer, should the Venue be required in extenuating circumstances.
3. Approved Use of the Venue
3.1. The Hirer must disclose the intended use of the Venue, including the nature of the function.
3.2. Bookings will only be accepted for teenage to 21st birthday celebrations subject to the discretion of Council, having regard to the maximum number of adults and children attending the function.
3.3. Where attendees under the age of 21 will be attending the Venue, the Hirer must ensure a ratio of 1 person over the age of 21, to every 10 attendees under the age of 21. Failure to ensure and provide supervision per this term may result in the cancellation of future bookings irrespective of damage sustained or lack thereof.
3.4. Special conditions may be imposed for some types of events including, but not limited to additional security requirements, traffic control plans, safe work method statements and/or event safety plans. If required this additional cost must be paid by the Hirer.
3.5. The function/event must not be openly and/or publicly advertised without prior, written consent from Council. This includes advertising via the internet including social media and forums. Breach of this condition may constitute a prohibited use pursuant to clause 3 of this agreement.
3.6. A ‘Party Safety Registration Notification’ (completed online at NSW Police – Register My Party) is required for all high-risk bookings. The notification form needs to be completed prior to the lodgement of the application form to Council. A copy is required to be provided.
4. Prohibited Use of the Venue
4.1. Council reserves the right to decline the application for hire, if it constitutes a prohibited use of the Venue
4.2. Prohibited uses of the Venue include, but are not limited to:
(a) Any unlawful activities, including but not limited to, underage drinking, unauthorised sale of goods, unauthorised fundraising.
(b) Functions that would be deemed offensive or discriminatory to the community or section of the community, per the standards contained in the Anti-Discrimination Act 1977 (NSW).
(c) Any other activities that would constitute an unapproved activity, per any other clause contained herein.
(d) Any activities that Council deems to be dangerous, offensive or unlawful.
(e) Any activities that Council deems to place the attendees and the community at risk of any physical or mental harm.
(f) Any other activities that Council deems to be inappropriate.
4.3. Council may terminate this Agreement at any time by giving written notice to the Hirer, should it be deemed, due to any matter that the intended use of the Venue constitutes a prohibited use.
5. Fees and Charges
5.1. The Hirer must pay ten percent of the hire fees within 7 days of the confirmation of booking. This is attributed to the total cost of your booking. Failure to pay can result in automatic cancellation of the booking.
5.2. The balance of Venue hire fees, any staff and resource fees and the bond (if applicable) must be paid at least 28 days prior to the function. If your booking is less than 28 days from the date of your applicant, all fees are payable immediately.
5.3. An administration fee may be charged for changes to the booking, per Council’s schedule of fees and charges. Council’s fees and charges are available on Council’s website – www.campbelltown.nsw.gov.au.
5.4. All fees and charges are adopted annually by Council and are subject to change each financial year. Payment methods are listed on the Tax Invoice supplied to you.
6. Bonds
6.1. Venue hire bonds may be requested for certain booking types deemed by Council to be high risk. The hirer will be notified at the time of confirmation if a bond is required for their booking.
7. Not for Profit and Volunteer Groups
7.1. Not for profit and volunteer groups may be eligible to access affordable meeting spaces Monday to Friday between 9.00am and 3.00pm. You must provide evidence which includes your ABN and registered charity number from the Australian Charity and Not-for-Profit Commission of your not-for-profit status to receive a discount. We will not offer any other discounts.
7.2. Discounts are as per the fees and charges listed on Council’s website for the Campbelltown Arts Centre.
7.3. Not for profit and volunteer groups must be based in Campbelltown Local Government Area.
8. Cancellation and/or Changes to a Booking
8.1. Force Majeure Event
(a) If there is a force majeure event, neither party will be liable for any claim which results from the cancellation or delay of the event.
(b) Both parties agree to negotiate in good faith to reschedule the event in the circumstances where a force majeure event has delayed or cancelled the event.
8.2. Cancellation
(a) Cancellation must be made via the online booking system or by contacting Campbelltown Arts Centre on [email protected]
(b) Either party may terminate this agreement by providing 28 days’ notice in writing to the other party with full refund of paid fees provided to the hirer.
(c) If the Hirer terminates this agreement less than 28 days but more than 14 days prior to the event, CCC will retain 50% of your venue hire fee to cover administration costs and loss of revenue.
(d) If you terminate this agreement between 14 days and 7 days prior to the event, CCC will retain 70% of the venue hire fee.
(e) If you terminate this agreement less than 7days prior to the event CC will retain 100% of the venue hire fee.
(f) If you terminate this deed less than 72 hours before the event, CCC will retain:
i. the venue hire fee;
ii. fees and charges;
iii. CCC staff costs;
iv. equipment costs; and
v. any other costs arising from this agreement, incurred by CCC.
(g) Additional dates or extensions to booking times will incur additional hire fees.
8.3. Notification of changes to dates/times can be made by contacting Campbelltown Arts Centre on 02 4645 4100 or via the online booking system up to seven (7) days prior to the scheduled function. Only one free change of date will be permissible, after which each subsequent change will incur an administration fee per Council’s Schedule of Fees and Charges.
9. Access to the Venue
9.1. Access to the Venue will only be permitted once this agreement has been completed, the bond (if applicable) and hire fees have been paid in full and a copy of the Certificate of Insurance for Public Liability with minimum $20 million coverage and all other applicable paperwork has been provided to Council (if applicable).
9.2. With satisfaction of the conditions contained in clause (above), CAC staff will provide the Hirer as per the access times listed on the booking confirmation and no earlier or later than these times.
10. Conducting the Event
10.1. Grant of licence
(a) In consideration of the payment of the Venue Hire Fee, CCC grants you a licence of the licensed area on and subject to these terms and conditions
(b) You may only use the licensed area for the purpose of conducting the event.
(c) You will not sub-let the licensed area to any other party and CCC staff must have access to the licensed area at all times.
10.2. Your obligations
You agree to:
(a) Unless otherwise specified in this agreement, provide all staff, contractors, and/or equipment necessary to undertake and perform the event
(b) Familiarise yourself with the Venue and Section you have hired
(c) Comply with all laws with respect to the event
(d) Comply with CCC Codes and Policies
(e) Comply with the Venue Requirements set out in clause 2
(f) Obtain any approvals necessary, including any approvals from any Authority, for the event
(g) Pay for the costs of CCC staff and/or equipment (if any) is deemed required by CCC or is requested by you to assist with the event.
11. Venue Requirements
11.1. Mail, Correspondence & Address
(a) You must not use the address of the Venue as your mailing address
(b) Correspondence, including invoices and notices, will be sent to your email provided in your online booking
(c) You must notify CCC in writing of any change to your address.
11.2. Security
(a) You must report security or other suspicious incidents immediately to Venue staff
(b) If Venue staff are not available, you must call the after-hours security number (see confirmation letter for details) to advise of the activity referred to in paragraph (2.2.a)
(c) You must ensure that during and after the licence period:
i. all doors and windows are locked; and
ii. all lights and any electrical equipment are tuned off after use (including ensuring that all toilets and amenities are vacant)
11.3. Damage/Repairs
(a) You are responsible for any expenses in connection with:
i. repairs
ii. security
iii. improper use of safety and lighting equipment; and
iv. any extra cleaning with respect to the venue that is required
(b) CCC will determine the cost of the above and charge these costs to you.
11.4. Catering
(a) You acknowledge that Café located at the Venue holds the exclusive catering rights for the event unless these rights are waived by CCC at their sole discretion.
(b) You must submit your catering requirements (if any) for the event to the Café at least fourteen (14) days before the event.
(c) The Café will issue you with a quote for the total amount payable to provide the catering requirements.
(d) If the quote is acceptable to you, the quote will form part of the fees and charges in addition to the licence fee but will be charged to you directly by the Café.
(e) Campbelltown City Council is the holder of the licence to serve alcohol at the venue and the event. No service or sales of alcohol are permitted by anyone except by prior written consent of CCC.
11.5. Property
(a) Campbelltown City Council will not be responsible for any loss or damage to the venue or the licensed area hired by the person using the facility or attending the event.
(b) You are not permitted to remove or relocate any item/s within the venue not belonging to you without the permission of the owner of the item/s and/or CCC.
11.6. Responsible Officer
Unless agreed to the contrary in writing, you must nominate an attendant aged 18 years or more to be your representative and who will be present for the duration of the function taking responsibility to ensure:
(a) Compliance with statutory safety requirements
(b) Instructions given by venue staff are followed; and
(c) That these terms and conditions are complied with.
11.7. Parking
(a) All vehicles must be correctly parked and cannot be parked on footpaths or grassed areas.
(b) CCC takes no responsibility for any vehicles or items within those vehicles that are parked at the venue car park or surrounding areas.
(c) No parking of vehicles of any type will be permitted in the Venues amphitheatre or forecourt areas.
11.8. Boom Gate
(a) Only the Venue staff are permitted to access the boom gate for deliveries or other purposes.
(b) You must make special arrangements with the Venue for access through the boom gate at any time.
(c) The boom gate must not be accessed during the Venue’s hours of use.
11.9. Smoking
Smoking is not permitted throughout the entire venue or within ten (10) metres of the Venue’s main doors.
11.10. Visitors/Users
(a) You are responsible for the behaviour of all persons or staff involved in the production or presentation of the event.
(b) CCC retains the right to ban and have any person/group removed from the venue if required.
11.11. Children
Children on the site are to be supervised at all times by a responsible adult.
11.12. Animals
With the exclusion of assistance animals, no animals are permitted at the Venue.
11.13. Walls/Alterations and Painting
(a) You must not affix nails, screws, bills or other decorations or draping to, or in any way deface the venue or licensed area without prior written consent from the venue.You must ensure that all venue equipment and/or furniture is clean, undamaged and returned to the correct storage area.
(b) Any damaged or faulty equipment or furniture must be reported to the Venue staff immediately.
(c) You will be responsible for any damage or faults to the equipment or furniture caused by you, unless such damage or faults were already present before the event.
11.14. Cleaning
(a) At the conclusion of the event you must leave the licensed area in a reasonable, clean condition and ensure it is in the state it was before the event.
(b) You must ensure:
i. All items belonging to you or your attendees are removed from the licensed area.
(c) All cleaning materials and other necessary materials are to be obtained from and by prior arrangement with the venue by you.
(d) Other than in accordance with a prior agreement with the venue, you are responsible for all garbage arising from the event and must ensure that any excess garbage is removed from the licensed area.
Foodstuffs and liquids are not permitted in the performance studio/rehearsal studio (if applicable).
11.15. Prohibited Substances
You are not permitted to take into or use the following within the licensed area or the venue:
(a) Any type of works or other articles deemed to be objectionable including the placing or throwing of flammable or other items
(b) Any chemical substances deemed to be toxic or otherwise dangerous and/or objectionable except with written permission from CCC
(c) Alcohol or prohibited drugs
(d) Any dangerous goods or weapons without the express written consent of the centre.
11.16. Equipment and Furniture
(a) You must ensure that all venue equipment and/or furniture is clean, undamaged and returned to the correct storage area.
(b) Any damaged or faulty equipment or furniture must be reported to the Venue staff immediately.
(c) You will be responsible for any damage or faults to the equipment or furniture caused by you, unless such damage or faults were already present before the event.
11.17. Uncollected Goods and/or Equipment
(a) All goods provided by you at the event must be removed at the end of the licence period unless special prior special arrangements with the venue have been made.
(b) Anything remaining within the licensed area will be charged storage fees and disposed of by the Venue after one month.
11.18. Tickets
(a) For any ticketed events, the hirer must manage their own ticket sales via their own external ticketing platform.
11.19. Staffing
(a) CCC will determine the type and amount of CCC staff required to manage the event as per the information provided by you.
(b) Should the requirements of the event change, you will be liable for the costs of additional CCC staff as determined by CCC.
(c) You may, with the permission of CCC, use your own technical staff, however, CCC staff will still be required to be present at the event at the hirers cost to oversee and manage these operators.
(d) At all times you are required to utilise the services of CCC staff, all equipment must be operated by CCC staff (or under the direct supervision of CCC staff) and paid for by you
(e) CCC staff must be engaged for a minimum of 3-4 hours. Penalty rates apply for periods exceeding eight (8) hours, weekends and public holidays.
11.20. Japanese/Sculpture Garden
If the licensed area includes the Japanese and/or Sculpture Garden (Gardens) the following conditions apply to the use of those areas:
(a) The number of guests is limited to twenty (20) people at any one time within the Tea House located within the Japanese Gardens.
(b) Children must be supervised by an adult at all times.
(c) You or any of your attendees must not feed the fish or throw any objects into the pond within the gardens.
(d) Furniture and props may only be used in the garden with prior approval of CCC.
(e) There will be no refund of any part of the licence fee paid by you for use of the gardens in the event of wet weather.
(f) Use of the gardens outside the hours of use will require a security guard to be in attendance and will incur additional fees and charges and access will be via the Garden gates only.
(g) You and your attendees must not enter any restricted areas that are identified within the gardens.
11.21. Media and Marketing
(a) You are responsible for the development and distribution of all advertising material associated with the event.
(b) Copies of all material must be provided to the Venue for approval prior to the material entering the public domain.
(c) The Venue reserves the right to alter how it is represented on your marketing material. The Venue is to be referred to at all times as the “Campbelltown Arts Centre”.
11.22. Presentation Standards
The Venue may require you to remove any materials (including cartons, boxes, and handwritten signs and display materials) which are detrimental to the Venue’s presentation standards. You must comply immediately with any such request.
11.23. Gallery Spaces and Artworks
(a) The gallery areas will be closed for the event, except by prior negotiation with the Venue.
(b) You must not cover, handle or endanger any artwork at the Venue at any time.
(c) You will be held liable for any loss occurring to artwork or objects as a result of failure to comply with this clause.
11.24. Right of Entry
(a) The Campbelltown City Council including CAC authorised staff or nominated representative may enter and inspect the Venue or any part of it at any time.
(b) You must not obstruct:
i. CCC’s authorised staff or nominated representative; and/or
ii. Any member of the police force, fire brigade, ambulance service or any other emergency service, from entering the venue.
iii. Campbelltown City Council security and after-hours facility staff.
11.25. Access to the venue
CCC retains the right to control the venue including all means of ingress and egress, and over the timing and closing of doors and the admission of the public (including the right to refuse admission to any person or persons attending the event).
11.26. Your Employees and Agents
(a) All persons engaged or employed by you in connection with the event, must comply with the provisions of this agreement, and you agree to accept responsibility for any failure on the part of your agents, employees and contractors to observe and comply with these provisions.
(b) You must ensure that all agents, employees and contractors are familiar with the requirements of any applicable occupational health and safety legislation.
(c) You must ensure that you and your agents, employees and contractors comply with the Campbelltown City Council’s WHS policies & procedures whilst in the venue or licensed area.
11.27. Photography, Broadcasting and Television Recording
(a) You must inform the Venue in writing of any intention to photograph, broadcast, televise or record any activity within the venue for the purpose of the event.
(b) You must pay all fees and costs resulting from such activities and must include in any photography, television or broadcast such material and information as may be required by CCC.
11.28. Tagging & Testing – Electrical Equipment
(a) All electrical equipment brought into the Venue must display a current electrical inspection tag to prove that the items are in a safe working condition.
(b) CCC maintains the right to refuse use of any electrical item not appropriately tagged and/or identified as potentially hazardous.
11.29. Food Preparation
(a) The preparation, cooking or barbecuing of food for distribution or sale at the venue and licensed area is prohibited except with written permission from CCC.
(b) If permitted by CCC in paragraph (1), you must ensure that all food preparation complies with food safety legislation and CCC food safety requirements.
11.30. Copyright
(a) You must not infringe or allow others to infringe, any copyright or other protected right involved any performance or use of the licensed area for the event.
(b) If applicable, you must obtain from the APRA/ONEMUSIC or relevant body or any other appropriate person or organisation, all licenses or other approvals as required for the performance of any works to be performed.
12. Indemnification from Liability
The Hirer agrees to indemnify Council from any claim (or whatever nature) made in respect of the Hirer’s use, Hirer’s attendees, possessions and/or occupation of the Premises, except to the extent that any Claim arose as a result of a negligent act or omission of Council.
12.1. External Contractors/ Entertainment (Jumping Castles, Decorators, Caterers etc.)
12.2. If the Hirer intends to use any equipment to provide service or entertainment such as but not limited to, Decorators or Caterers, the Hirer will require permission from CCC.
12.3. Petting Zoos and Jumping/Water Castles are not permitted unless with express permission from CCC?
12.4. The Hirer must provide CCC with the provider’s Certificate of Insurance for Public Liability with minimum $20 Million coverage at least seven (14) days prior to the booking.
12.5. CCC will reserve the right to decline the use of such equipment at the venue, having regard to the safety and suitability of the equipment, relative to the venue.
12.6. If CCC approves the use of such equipment at the venue, the appropriate use of the equipment will be the Hirer’s responsibility.
12.7. The Hirer must provide a silenced generator to power such equipment and ensure that the equipment is adequately secured (e.g. sand bags) and not pegged into the ground.
12.8. CCC is indemnified against any claims for any damage caused or associated with the use of equipment brought to the venue by the Hirer.
12.9. CCC is not liable for any harm or injuries sustained by any individual who has used the equipment brought to the venue by the Hirer.
12.10. All equipment must be removed at the end of the agreed hire period.
13. Alcohol and Security Guards
13.1. Alcohol is not permitted in the venue without CCC appointed security guards.
13.2. CCC requires the engagement of one security guard for every 50 people attending the venue.
13.3. Security Guards are required to attend all CCC deemed high risk functions.
13.4. The sale of alcohol is only permitted for charitable organisations and to this extent, an application to the Independent Liquor and Gaming Authority for an Application for Limited licence – single function at least 28 days before the function. Refer to www.licence.nsw.gov.au for further information regarding regulations and fees. A copy of the Limited Licence- single function must be provided to CCC prior to obtaining access to the venue.
14. Storage
14.1. Storage rooms and cupboards are available to be booked weekly for Regular Hirers. Requests for storage will be considered on an individual basis. Storage will be charged for the period that items are stored in the storage area. Please refer to CCC fees and charges for storage fees.
14.2. Due to high demand, if more than one storage area is booked by a Hirer, it may be provided on the condition that the storage area is vacated if the demand arises. CCC will provide two weeks’ notice of cancellation of the hire of the extra storage areas, should a request for storage be received.
15. Fire and Safety
15.1. The Hirer must familiarise themselves with the venue’s displayed Evacuation Plan, including the location of emergency exit doors, prior to commencing use of the venue.
15.2. The Hirer is prohibited from the use of fire at the venue or surrounding grounds, including fire performances, ceremonies, barbecues (gas or fire).
15.3. Cooking appliances including spits, pizza ovens, deep fryers or naked flame appliances are not permitted to be brought to or used at the venue or surrounding grounds under any circumstances.
15.4. Smoke machines and/or any other machines or equipment that may cause activation of the venue smoke alarm are not permitted to be brought to or used at the venue. Non-compliance will result in the Hirer being liable for Fire Brigade fees.
15.5. The Hirer and any attendees are not permitted to smoke at the venue or surrounding grounds.
15.6. Fire extinguishers are provided at the venue as a requirement by law and must not be removed or misused. Misuse of this equipment will result in a fee charged to the Hirer’s debtor account.
15.7. The Hirer must inform CCC if the fire extinguishers have been used in any way.
15.8. The Hirer is responsible for providing adequate first aid supplies relative to the nature of the venue use.
16. Privacy Policy
16.1. Please see the Council’s Privacy Statement on Council’s website.
