Conditions of hire

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Conditions of hire

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  1. Venue: The Hirer may use the venue/equipment the subject of this Application (‘the Hire’) on the dates and during the times specified (‘the Hire period’). The Hirer will comply with all instructions given by the University including instructions in relation to the use of the venue/equipment and conduct or parking on University grounds. If the venue/equipment is not vacated at the end of the Hire period, an additional charge of one half day hire charge will be payable by the Hirer, for each additional four hours (or part thereof) of use.
  2. Indemnity: The Hirer is liable for and indemnifies the University (its officers, servants and agents) against:-
    1. all claims, actions or demands and any loss or damage, costs or expense (including full indemnity legal costs) suffered by the University, as a result of or arising out of or in connection with the Hire; and
    2. any injury to any person entering upon University grounds for the purpose of or damage to, any University property as a result of or arising out of or in connection with, the use of the venue/equipment by the Hirer or persons present at the invitation of the Hirer.
  3.  Insurance: The Hirer will during the Hire period, effect and maintain the following insurances in respect of the Hire:-
    1. public liability insurance of $10,000,000 which notes the interest of the University for any vicarious liability it may have through the conduct of the Hirer (its officers, servants, agents and invitees) or the Hire;
    2. workers compensation insurance for an unlimited amount.
  4. Guarantee: The Responsible Person guarantees to the University the payment by the Hirer of all Hire charges and the performance by the Hirer of all of the Hirer’s obligations pursuant to the Application and these Conditions of Hire and indemnifies the University against any liability or loss suffered by the University as a result of or arising out of or in connection with the use of the venue/equipment by the Hirer or persons present at the invitation of the Hirer and/or the Hirer’s failure to comply with these Conditions of Hire.
  5. Public nuisance: The Hirer’s use of the venue/equipment must not create a public nuisance. The University may specify a time by which and the level to which, the noise level of any live or pre-recorded sound, must be reduced. The University may terminate the Hire if it considers that a public nuisance is created.
  6. Hire charges: The Hirer will pay the Hire charges to the University as follows:-
    1. the deposit, by not later than 7 days before the start of the Hire;
    2. the balance Hire charges, by not later than the first date of the Hire.
    3. If the deposit or the balance Hire charges are not paid strictly in accordance with this Clause, the University may cancel the Hire, without liability.
  7. Responsibility for damage: The venue/equipment hired must be left clean and undamaged at the end of the Hire period. Any damage to the venue/equipment (or other University property) must be reported to the University and is the Hirer’s liability. If cleaning of or repair of damage to, the venue/equipment (or other University property) is required, such cleaning or repair will be undertaken by the University and the cost of such cleaning or repair will be charged to and recoverable as a debt due to the University by, the Hirer.
  8. Security deposit: The Hirer will pay the security deposit determined by the University by not later than 7 days before the commencement of the Hire period. The security deposit will be held by the University and may be used by the University to pay for cleaning of or repair of damage to, the venue/equipment (or other University property). The security deposit (or any balance) will be refunded to the Hirer when the venue/equipment (or other University property) is returned to its pre-hire condition. Any costs incurred by the University in excess of the security deposit will be charged to and recoverable as a debt due to the University by, the Hirer.
  9. Venue set up: The Hirer will, in setting up the venue/equipment for the Hire:-
    1. comply with all instructions and directions given by the University;
    2. ensure limited noise occurs and limited disturbance to usual University activities;
    3. engage only appropriately qualified and licensed subcontractors;
    4. not use tape or other adhesives upon the floors, walls or other surfaces of the venue/equipment; and
    5. ensure that all trip and other hazards are covered and/or appropriately protected.
  10. Services: The Hire includes reasonable use of public utility supplied electricity (for light and power) and water, for the purposes of the Hire during the Hire period. Additional electricity or water requirements of the Hire must be provided by the Hirer at the Hirer’s cost.
  11. Audio visual: If the Hire includes audio visual equipment, an operator of that equipment will incur an additional charge. The Hirer will supply and set up and dismantle, all other necessary audio visual equipment. All electrical equipment supplied by the Hirer (or its subcontractors) must be electrically tested and tagged prior to its use during or for the purpose of, the Hire.
  12. Advertising material: No advertising or promotional material will be displayed on University grounds without prior written approval of the University. The University’s name must not be used in advertising or promotional material produced or disseminated by the Hirer, without the prior written approval of the University.
  13. Work health and safety: The Hirer will for the purpose of the Hire and during the Hire period:-
    1. comply with all laws and regulations (particularly the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011) and any direction given by a competent Authority arising from such laws and regulations;
    2. apply for and pay all fees in respect of, any permit required by the Hire;
    3. engage only appropriately qualified staff in any restrictive occupation; and
    4. ensure that all volunteers and contractors involved in the Hire, successfully complete the relevant Work Health and Safety Induction training at http://www.usc.edu.au/hsw 
  14. Cancellation: Any cancellation of the Hire (in whole or in part) must be advised to the University in writing. If cancellation is notified not less than 4 weeks before the start of the Hire, any Hire charges paid and the security deposit (less a $50 booking fee) will be refunded to the Hirer. If cancellation is notified less than 4 weeks but not less than 7 days before the start of the Hire, the Hirer will pay one half of the Total Hire charges or $500 (whichever is greater). If cancellation is notified less than 7 days before the start of Hire, the Hirer will pay the whole of the Total Hire charges or $1000 (whichever is the greater). The University may cancel the Hire at any time without liability if circumstances arise which the University considers (in its absolute discretion) make the Hire impractical or inappropriate or not in the best interests of the University.
  15. Consumption of alcohol: Alcohol must not be sold and/or consumed on University grounds without the prior written approval of the University and the appropriate liquor licence. If the Hire includes the sale and/or consumption of alcohol, the University will ensure that the appropriate liquor licence is obtained. The Hirer will ensure that all alcohol is consumed within the venue and during the times nominated by the University and required by the liquor licence. The University’s approval may be withdrawn or the provision of alcohol for sale and/or consumption may be stopped, at any time during the Hire period without liability if circumstances arise which the University considers (in its absolute discretion) make the sale and/or consumption of alcohol impractical or inappropriate or not in the best interests of the University.
  16. Security: The attendance of University security staffis compulsory at events where alcohol is sold and/or consumed. The Hirer will engage University security staff to attend the event the subject of the Hire. The number of security staff required will be determined by the University. The cost of the attendance of University security staff at the event will be charged to and recoverable as a debt due to the University by, the Hirer.
  17. Evacuation: The Hirer will comply with any direction given by University security staff and/or Emergency Services personnel. Any cost or expense incurred by the University as a result of heat or smoke used by the Hirer activating a fire alarm and/or requiring the attendance of Emergency Services personnel, will be charged to and recoverable as a debt due to the University by, the Hirer.
  18. Regulated parking: The University is a regulated, paid parking environment. The Hirer, its officers, servants, agents, contractors and invitees and persons attending the Hire will comply strictly with the University Conditions of Parking.
  19. Catering: The University has the exclusive right to provide catering in respect of events held on University grounds. If catering is required for the Hire, an Application for Catering Services is required.
  20. Smoking: Smoking is prohibited in and within 10 metres of all University buildings and facilities.
  21. Animals: The animals on University grounds are wild and are not to be fed in any circumstances. Extreme care must be taken when near the animals. Domestic animals are not permitted on University grounds.
  22. Recycling: The University promotes the use of recyclable products and consumables. The Hirer is requested to use recyclable products.
  23. Copyright and licensing: The Hirer will not at the venue or during the Hire, reproduce, perform, broadcast or communicate or cause to be reproduced, performed, broadcast or communicated, any music, film or video without a licence to do so or written permission of the copyright owner. The Hirer will provide a copy of the licence or permission to the University. For assistance contact:-
    1. musical works - performance or communication APRA 1800 882 772 or www.apra.com.au
    2. sound recordings – playing PPCA 02 9267 7877 or www.ppca.com.au 
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