Conditions of Use - Phoneix Park
PHOENIX PARK COMMUNITY CENTRE
CONDITIONS OF USE - CASUAL HIRERS 2010
APPLICATION
These conditions of use ('Conditions'), a copy of which will be supplied to the Hirer at the time the usage is agreed to, apply for the use of the Phoenix Park Community Centre ('Facility'). The Facility does not include the adjacent park/reserve and playground.
PARTIES BOUND
The parties bound by these conditions are:
City of Stonnington (Council) and
The Organisation or Individual actually using the facility at any time together with individual members and participants of that Organisation ('Hirer').
HIRE PAYMENTS
Charges will be applied in accordance with the "Schedule of Fees for the Use of Phoenix Park Community Centre".
The Hirer must pay the Bond to Council at the time of making the application. If the Bond is not paid by the due date, Council may refuse the application and cancel tentative bookings. Hire fees are to be paid to Council one month before the first date of intended use stated on the application and prior to any use of the Facility.
COMMENCEMENT OF AUTHORISATION
Use of the Facility is not deemed to be authorised by Council until the Hirer has:
returned a signed Application Form and paid all hire charges, including bond;provided evidence of Public Liability Insurance; provided a copy of the permit or licence to sell and consume liquor; and paid for the booking and all charges levied by the Council for any previous use, made good any damage or paid any costs related to any damage during previous use.
COMMUNICATION
Good communication is essential to the smooth running of community recreation facilities. The Hirer is required to notify Council's Delegate (Hall Keeper on duty) of any general or emergency maintenance issues or damage.
ACCESS ARRANGEMENTS AND SECURITY
A Hall keeper will open and close the Facility in accordance with the Hirer's allocated usage time.
There are no receptionist arrangements available at the Facility. Therefore, it is necessary for the Hirer to consider how they will manage participants during the allocated usage time.
Similarly, the Hall keeper may not be permanently based at the Facility during the allocated usage time. Therefore, it is necessary for potential users to consider the security of participants both during the allocated usage time and as participants arrive and depart from the Facility.
PURPOSE OF/ LIMITATIONS ON USE
The use authorised by these Conditions does not create any tenancy or property rights and is not exclusive. The right is for the Hirer to use the Facility during the days and times stipulated by Council in writing at the commencement of the year and in accordance with these Conditions.
The right of use is not exclusive. Council retains the right to hire all areas which are not allocated to Hirer at specified times.
Council does not warrant that the Facility is suitable for any or particular purpose and the Hirer shall make its own judgement as to suitability prior to, on each occasion, using the Facility.
CONTINUATION OF AUTHORISATION
Continuation of Council's authorisation to use the Facility is conditional upon the Hirer observing all reasonable requirements of Council (whether contained in these conditions or otherwise) including, but not limited to ensuring compliance with the clauses contained within this document:
1. Notification of any Changes and/or cancellations
The Hirer shall ensure that Council is notified immediately, in writing, of any changes and/or cancellations to usage and/or allocated times. The Hirer shall ensure that all changes and cancellations to the use of the Facility are directed to ecredlin@stonnington.vic.gov.au seven (7) days prior to the usage date. Changes and/or cancellations will not be deemed acknowledged or confirmed until the Leisure Administration Officer has forwarded written notification to the Hirer.
The Hirer shall pay the total hire fee, for cancellations made six (6) days prior to the usage date.
2. Condition of venue
The Hirer acknowledges that the venue is in good repair and in a clean condition at the commencement of the hire, and must reinstate it to the same condition at the end of the hire. The Hirer shall ensure that all rubbish is removed from the facility including the surrounding grounds. The Hirer shall ensure that the Facility is left in a clean and tidy state.
3. Damage to property
The Hirer is deemed responsible for all damage, inadvertent or otherwise, which may occur to the Facility, fittings and equipment during the use by the Hirer, their members, guests and/or service suppliers.
The Hirer shall ensure that any damage to the Facility is reported immediately to Council's Delegate (Hall Keeper on duty). The Hirer must supply details of how the damage was caused so that it can be determined who will be responsible for paying for the repair or replacement of Council property. In the event of any dispute as to the timing or cause of damage between Hirers, Council will make a final and binding decision. Should the Hirer fail to reimburse the Council for the repair or replacement costs after a reasonable time has passed, the Council may decide to withdraw the use of the facilities.
4. Bond/Security deposit
A Bond/Security Deposit shall apply as:
a guarantee of the fulfilment of the Conditions;a security against damage to the building, equipment or any fittings or furniture contained in the building;a security against any additional cleaning required as a result of the use by the Hirer; and security against the disappearance of any equipment, fittings or furniture.
The Hirer shall be liable on demand by the Leisure Administration Officer to pay any further amounts in excess of such deposit to meet the full cost of repairs, replacement, cleaning and Metropolitan Fire Brigade false alarm call outs due to smoke detectors.
The balance of the bond/security deposit after the deduction of the amounts will be refunded to the Hirer.
Where there has been no breach of the Conditions, damage to the building, equipment, fittings or furniture, additional cleaning required to be performed, the bond will be returned to the Hirer approximately one month after their booking.
5. 'Slam Dunking' or Holding the Ring
The Hirer is not permitted to 'Slam Dunk' and/or hold and swing from the basketball rings located in the gym.
6. Disorderly behaviour and Responsibility of groups
The Hirer shall ensure that no offensive behaviour of any sort takes place and that no nuisance whether from noise, vehicles, behaviour, or any other cause is occasioned to members of the public.
The Hirer shall be responsible for all participants/observers in their care.
7. Emergency response procedure
The Hirer is required to familiarise themselves with the emergency plans located at the Facility and initiate its own emergency response procedures. These procedures must be documented and practised on an annual basis in accordance with the Australian Standard AS 3745:2002 "Emergency control organisation and procedures for buildings, structures, and workplaces". The procedure must operate in conjunction with other users of the Facility.
8. Alcohol Consumption and Liquor Licence
If alcohol is to be sold or included in the price of entry at the Facility, the Hirer must obtain the appropriate permit from the Liquor Control Commission. The Hirer must provide a copy of the Permit to the Leisure Administration Officer at least 14 days prior to the date of the hire. The Hirer is also required to display the original permit at the Facility during the hire period.
The Council may prohibit alcohol being brought into or distributed or consumed at the Facility if it believes this is reasonably necessary to maintain law and order or compliance with the applicable provisions of these Conditions of Use.
9. Withdrawal of the facility
The City of Stonnington's General Manager Social Development holds the authority to withdraw use of the Facility for the following reasons:
(a) in the event of an emergency situation arising, including the temporary shut-down of
services (i.e. water, electricity supply) for emergency maintenance;
(b) the Facility is required to undertake major capital works and/or essential maintenance, including the temporary shut-down of services (i.e. water, electricity supply) for emergency maintenance;
(c) the Facility is required for Municipal, State or Federal elections;
(d) Council becomes aware that the program and/or activity proposed to be held or provided by the Hirer is/are objectionable, dangerous, offensive, infringes any copyright or intellectual property rights, is prohibited by laws, or would be detrimental to the community;
(e) the Hirer has not provided adequate insurance coverage;
(f) the Hire Fees and/or Bond have not been paid; and
(g) Breach of the Conditions.
10. Games of chance
The Hirer shall ensure that no games of chance are played, raffles conducted, tickets sold, or any other activity is conducted at the premises without all appropriate permits, licences or approvals having been obtained.
11. Food registration
The Hirer shall ensure that no food is sold, prepared or cooked without the appropriate licences or permits.
The Hirer shall ensure that a Food Safety Program is implemented during the preparation and sale of food. A suitably qualified Food and Safety supervisor must be nominated on behalf of the Hirer.
12. Compliance with Law and directions
The hirer must at all times comply with:
(a) reasonable direction by Council;
(b) Council rules, regulations and Local Laws; and
(c) any other applicable legislation.
13. Animals prohibited
The Hirer must not allow any animals to be present in the building except for guide dogs for the visually impaired.
13. Parking
The Hirer shall ensure that participants, supporters and visitors comply with all parking restrictions. Parking is only permitted in the areas specifically marked and designated as public parking.
14. Selling of goods
The Hirer shall ensure that no merchandising, exchange or bartering of any sort is conducted without the written consent of Council other than the running of a kiosk and the non commercial exchange or sale or second hand sports equipment or uniforms.
15. Signage
The Hirer is not permitted to erect permanent signage at the Facility.
The Hirer is permitted to display removable "A Frame" signage during allocated use.
17. Smoke Free
The Hirer shall ensure that no smoking is permitted in the Facility.
18. Smoke activating devices
Due to sensitive fire detection devices, the Hirer shall ensure that no sparklers, smoke machines, toasters or any other pyrotechnics type items are used in the Facility. The Hirer will be required to pay for all costs associated with any breach resulting in emergency services attending a called out.
19. Noise
The Hirer shall ensure that noise levels are kept in accordance with all laws, including local laws of Council. The Hirer is not permitted to use amplification equipment.
20. Theft
Council is not responsible for any loss or damage that may be suffered by the Hirer or any person attending the Facility during the Hire as a result of any theft.
20. Subletting
The Hirer shall ensure that the premises are not sub-let or any tenancy transferred or assigned without the written consent of the Council.
21. Decorations
The Hirer is required to obtain approval to erect streamers, flags, bunting or other decorations and structures on walls and floors in the Facility.
The Hirer must remove all decorations and will be responsible for any costs associated with any damage caused to the Facility by the placement or removal of these items.
No Adhesive Tape or Blu Tack is allowed to be placed on the floor or any painted surface.
22. Obstructions
The Hirer must comply with any applicable regulations made under the Building Act 1993.
It is the responsibility of the Hirer to ensure that all Emergency Exits, Access Ramps and Stairways remain clear at all times.
23. Security
The provision of Security Guards may be required at some events.
As all security personnel are to be supplied by Council's preferred supplier, the Hirer is not permitted to bring in other security companies.
All security personnel must be appropriately licensed to perform the security requirements during the Hire.
24. Breach of conditions
Council or its nominated delegate may expel the Hirer or any person from the Facility who breaches any of these Conditions.
Council or its nominated delegate may direct the Hirer to vacate the Facility during the hire if it reasonably believes these conditions are being breached and the Hirer has not remedied the breach after being directed verbally to do so.
Council or its nominated delegate may direct the Hirer to vacate the Facility during the hire if the Facility is not used in accordance with the "Purpose of/Limitations on Use".
25. Public Liability Insurance (organisations only)
The Hirer shall at all times during the period of this agreement be the holder of a current Public Liability Policy of Insurance ("The Public Liability Policy") in respect of the activities specified herein in the name of the Hirer, providing coverage for a minimum sum of ten million dollars ($10,000,000). The Public Liability Policy must be effected with an insurer approved by the Council.
The Public Liability Policy must cover such risks and be subject only to such conditions and exclusions as are approved by the Council and shall extend to cover the Council in respect to claims for personal injury or property damage arising out of the negligence of the Hirer.
26. Indemnification of Council
The Hirer agrees to indemnify and keep indemnified, and to hold harmless the Council, its servants and agents, and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them arising from the Hirer's performance or purported performance or its obligations under this agreement and may be directly related to the negligent acts, errors or omission of the Hirer. The Hirer's liability to indemnify the Council shall be reduced proportionally to the extent that any act or omission of the Council, its servants or agents, contributed to the loss in liability.
27. Termination of use
Upon cessation or termination of authorisation under the terms of these conditions, the Hirer shall remove all property of the Hirer, return all keys, settle all outstanding claims by Council for fees or reimbursements for damage or otherwise and cease to use the facility.