Conditions of hire - University of the Sunshine Coast, Queensland, Australia

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Conditions of hire

Conditions of Hire - Venues and Equipment

1. Hire
1.1 The Hirer specified in the Application for Venue/Equipment Hire (Application) may use the Venue/Equipment the subject of the Application (Hire) on the dates and the times specified (Hire Period).


2. Catering
2.1 The University has the exclusive right to provide catering in respect of any events held on University grounds. If catering is required for the Hire, an Application for Catering Services is required. Where the Venue requires additional cleaning such as for catering supplied by anyone other than the University, a cleaning fee will apply.


3. Venue /Equipment set up
3.1 The Hirer will, in setting up the Venue/Equipment for the Hire:
(a) comply with all instructions and directions given by the University;
(b) ensure limited noise occurs and limited disturbance to usual University activities;
(c) engage only appropriately qualified and licensed subcontractors approved in writing by the University;
(d) not use tape or other adhesives upon the floors, walls or other surfaces of the Venue/Equipment; and
(e) ensure that all trip and other hazards are covered and/or appropriately protected.


4. Services
4.1 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.
4.2 Additional electricity or water requirements of the Hire must be provided by the Hirer at the Hirer’s cost.
4.3 The University will not be liable for the interruption of services which is beyond its control.


5. Audio visual
5.1 If the Hire includes audio visual equipment, the provision of an operator of that equipment will incur an additional charge.
5.2 The Hirer will supply and set up and dismantle, all other necessary audio visual equipment. All electrical equipment supplied by the Hirer (or its approved subcontractors) must be electrically tested and tagged prior to its use during or for the purpose of, the Hire.

6. Advertising material
6.1 No advertising or promotional material will be displayed on University grounds without prior written approval of the University.
6.2 The University’s name or logo must not be used in advertising or promotional material produced or disseminated by the Hirer, without the prior written approval of the University.


7. Hire Charges
7.1 The Hirer will pay the Hire Charges as advised by the University as follows:
(a) the Deposit is due immediately upon receiving the invoice to confirm the Hire. The Deposit will be 25% of the total estimated Hire Charges, or $500 where the Hire Charges are for the use of Venue/Equipment only and does not include catering or ancillary costs;
(b) the balance of the estimated total Hire Charges, by not later than seven (7) days prior to the start of the Hire Period unless advised otherwise by the University. 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;
(c) any miscellaneous or ancillary charges incurred are due no later than seven (7) days following the Hire.


8. Bond
8.1 If required by the University, the Hirer will pay the Bond determined by the University by not later than seven (7) days before the commencement of the Hire Period or seven (7) days from the issue of the Bond invoice, whichever is sooner. The Bond 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).
8.2 The Bond (or any balance) will be refunded to the Hirer when the Venue/Equipment (or other University property) is returned to the University in its pre-Hire condition.
8.3 Any costs incurred by the University in excess of the Bond will be charged to and be recoverable as a debt due to the University by, the Hirer and will be due no later than seven (7) days following the Hire.


9. Work health and safety
9.1 The Hirer will for the purpose of the Hire and during the Hire Period:
(a) 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;
(b) apply for and pay all fees for any permit required by the Hire;
(c) engage only appropriately qualified staff in any restrictive occupation; and
(d) ensure that all volunteers and contractors involved in the Hire, successfully complete the relevant Work Health and Safety Induction training at www.usc.edu.au/hsw.


10. Cancellation
10.1 Any cancellation of the Hire (in whole or in part) must be advised to the University in writing.
10.2 If the Hire is for the USC Auditorium or the total Hire Charges are in excess of $10,000:
(a) if cancellation is notified not less than six (6) weeks before the start of the Hire Period, any Deposit paid will be refunded less a $500 booking fee;
(b) if cancellation is notified less than six (6) weeks but not less than seven (7) days before the start of the Hire Period, the Hirer will pay half of the total Hire Charges or $750 (whichever is greater);
(c) if cancellation is notified less than seven (7) days before the start of the Hire Period, the Hirer will pay the entirety of the Hire Charges or $1,000 (whichever is the greater).
10.3 If the Hire is not for the USC Auditorium and the total Hire Charges are less than $10,000:
(a) if cancellation is notified not less than six (6) weeks before the start of the Hire Period, any Deposit paid less a $100 booking fee will be refunded to the Hirer;
(b) if cancellation is notified less than four (4) weeks but not less than seven (7) days before the start of the Hire Period, the Hirer will pay half of the total Hire Charges or $500 (whichever is greater);
(c) if cancellation is notified less than seven (7) days before the start of the Hire Period, the Hirer will pay the entirety of the Hire Charges or $1,000 (whichever is the greater).
10.4 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.


11. Indemnity
11.1 The Hirer is liable for and indemnifies the University, its officers, servants and agents (Indemnified Persons) against:
(a) all claims, actions or demands and any loss or damage, costs or expense (including full indemnity legal costs) suffered by an Indemnified Person, as a result of or arising out of or in connection with the Hire; and
(b) any injury to any persons present at the invitation of the Hirer or any person entering University grounds for the purpose of or in connection with the use of the Venue/ Equipment by the Hirer.


12. Insurance
12.1 The Hirer will during the Hire Period, effect and maintain the following insurances in respect of the Hire:
(a) public liability insurance of $20,000,000 which notes the interest of the University;
(b) workers compensation insurance as may be required by law.


13. Guarantee
13.1 The Responsible Person specified in the Application 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.


14. Public nuisance
14.1 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 with immediate effect (and without liability) if it considers that a public nuisance is created.


15. Responsibility for damage
15.1 The Venue/Equipment hired must be left clean and undamaged at the end of the Hire Period.
15.2 Any damage to the Venue/ Equipment (or other University property) must be reported to the University and is the Hirer’s liability.
15.3 If cleaning of, or repair of damage to, the Venue/ Equipment (or other University property) is required, the University will undertake such cleaning or repair but the cost of such cleaning or repair will be charged to, and be recoverable as a debt due to the University by, the Hirer.


16. Comply with instructions
16.1 The Hirer will comply with all instructions given by the University including instructions in relation to the use of the Venue/Equipment. The Hirer will also comply with the University of the Sunshine Coast Act 1998 (Qld) and any policies or procedures promulgated by the University including but not limited to, the Conduct on University Premises – Conditions of Entry, Conduct on University Premises – Operational Policy, Parking - Operational Policy and Conditions of Parking as varied or replaced.


17. Consumption of alcohol
17.1 Alcohol must not be sold and/or consumed on University grounds without the prior written approval of the University and the appropriate liquor licence. BYO alcohol is not permitted.
17.2 If the Hire includes the sale and/or consumption of alcohol, the University will ensure that the appropriate liquor licence is obtained.
17.3 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.
17.4 The University may withdraw its approval or stop the provision of alcohol for sale and/or consumption, 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, inappropriate or not in its best interests.


18. Security
18.1 The attendance of University security staff (Safe USC) is compulsory at events where alcohol is sold and/or consumed.
18.2 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.
18.3 The cost of attendance of University security staff will be charged to and be recoverable as a debt due to the University by, the Hirer.


19. Evacuation
19.1 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 be recoverable as a debt due to the University by, the Hirer.


20. Regulated parking
20.1 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 Parking – Operational Policy and the Conditions of Parking as varied or replaced.


21. Smoking
21.1 Smoking is prohibited on or in all University premises, including the Venue, grounds and car parks.


22. Animals
22.1 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, including at the Venue, other than assistance animals.


23. Recycling
23.1 The University promotes the use of recyclable and biodegradable products and consumables. The Hirer is requested to use recyclable or biodegradable products. The sale of single-use plastic bottled water is prohibited on the University campus.


24. Privacy
24.1 The University collects the information on this form to carry out its functions under the University of the Sunshine Coast Act 1998. The University may be required to disclose this information to appropriate agencies including, but not limited to, the Commonwealth Department of Education and Training and the Australian Taxation Office.


25. Copyright and Licensing
25.1 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.


26. Purchase and compliance
26.1 The Hirer warrants, in circumstances where the Hirer accepts, processes, transmits or stores cardholder data, that the Hirer will abide by and comply with the Purchase Card Industry Data Security Standard.


27. Permission to film and/or take photos
27.1 The Hirer must not undertake filming and/or photography related activities at the Venue, without the University’s prior written consent by first submitting the University’s Permission to Film and/or Take Photos form for approval. For assistance contact marketing@usc.edu.au