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

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Conditions of hire

USC Sport Conditions of Hire

These Conditions of Hire are to be read in conjunction with the USC Sport Venue Hire Form.

1. Hire
  • 1.1. The Hirer specified in the Application to Hire form (Application) may use the Venue/Equipment the subject of this Application (‘the Hire’) on the dates and during the times specified (‘the Hire Period’)
  • 1.2. The Hirer will comply with all instructions given by the University of the Sunshine Coast (USC) including instructions in relation to the use of the Venue/E
  • 1.3. The Hirer will comply with the University of the Sunshine Coast Act 1998 (Qld) and any policies, rules or statutes promulgated by the USC including but not limited to, the Conduct on USC Premises – Managerial Policy as varied or replaced.
2. Hire Charges
  • 2.1. The Hirer will pay the Hire charges outlined on the USC website in relation to the Venue/Equipment (‘the Hire Charges’) to USC as follows:
    • a) any deposit specified by USC, by not later than 7 days before the start of the Hire; and
    • b) the balance Hire Charges, by not later than the first date of the Hire unless otherwise specified by USC.
  • 2.2. If the deposit or the balance Hire Charges are not paid strictly in accordance with this Clause, USC may cancel the Hire, without liability.
  • 2.3. 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.
3. Indemnity
  • 3.1. The Hirer is liable for and indemnifies USC (its officers, servants and agents) against:
    • a) all claims, actions or demands and any loss or damage, costs or expense (including full indemnity legal costs) suffered by USC, as a result of or arising out of or in connection with the Hire; and
    • b) any injury to any person entering upon USC grounds for the purpose of or damage to, any USC 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.
4. Insurance
  • 4.1. The Hirer will during the Hire Period, effect and maintain the following insurances in respect of the Hire. The Hirer will provide insurance documents to USC no later than fourteen (14) days prior to the commencement of the Hire Period:
    • a) public liability insurance of $20,000,000 which notes the interest of USC for any vicarious liability it may have through the conduct of the Hirer (its officers, servants, agents and invitees) or the Hire;
    • b) workers compensation insurance for an unlimited amount.
5. Guarantee
  • 5.1. The Responsible Person specified in the Application guarantees to USC 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 USC against any liability or loss suffered by USC 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.
6. Public nuisance
  • 6.1. The Hirer’s use of the Venue/Equipment must not create a public nuisance.
  • 6.2. USC may specify a time by which and the level to which, the noise level of any live or pre-recorded sound, must be reduced.
  • 6.3. USC may terminate the Hire if it considers that a public nuisance is created.
7. Responsibility for damage
  • 7.1. The Venue/Equipment hired must be left clean and undamaged at the end of the Hire Period.
  • 7.2. The Hirer must place any rubbish or other waste materials during, or arising out of, the use of the Venue/Equipment by the Hirer in the rubbish bins/skips provided by USC.
  • 7.3. Any damage to the Venue/Equipment (or other USC property) must be reported to the USC and is the Hirer’s liability.
  • 7.4. The Hirer must ensure that its invitees are required to wear non-marking shoes and use non-marking wheelchair tyres when using the Venue/Equipment.
  • 7.5. If cleaning of or repair of damage to, the Venue/Equipment (or other USC property) is required, such cleaning or repair will be undertaken by USC and the cost of such cleaning or repair will be charged to and recoverable as a debt due to USC by, the Hirer.
8. Work health and safety
  • 8.1. 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 in respect of any permit required by the Hire;
    • c) require all users to wear appropriate footwear, including closed-in shoes whilst using sports courts.
    • d) properly supervise all employees, contractors and invitees;
    • e) engage only appropriately qualified staff in any restrictive occupation;
    • f) report all incidents and unsafe circumstances to USC;
    • g) arrange and pay for all Personal Protective Equipment (PPE) for staff, contractors and volunteers; and
    • h) ensure that all volunteers and contractors involved in the Hire, successfully complete the relevant Work Health and Safety Induction training.
9. Security
  • 9.1. The attendance of USC security staff is compulsory at events where alcohol is sold and/or consumed.
  • 9.2. The Hirer will engage USC security staff to attend the event the subject of the Hire. The number of security staff required will be determined by USC.
  • 9.3. The cost of the attendance of USC security staff at the event will be charged to and recoverable as a debt due to USC by the Hirer.
10. Prohibited items
  • 10.1. The Hirer will not bring into the Venue any:
    • a) firearms, explosives, inflammable liquids, hazardous materials, or drugs (whether for sale or supply).
    • b) smoke machines, misters, hazers, foggers, foamers, oil crackers, dry ice or fluid density machines, pyrotechnics or similar atmospheric altering equipment, confetti, glitter, powder dust or other such substances (whether manually dispersed or by a discharge mechanism) without the specific prior written approval of USC.
    • c) balloons (helium or otherwise).
    • d) Chewing gum (where the Venue for the Hire is the USC Stadium).
11. Evacuation
  • 11.1. The Hirer will comply with any direction given by USC security staff and/or emergency services personnel. Any cost or expense incurred by USC 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 USC by, the Hirer.
12. Consumption of alcohol
  • 12.1. USC reserves the right to manage all alcohol sales and retain the profits from such sales in and around the USC Sports Precinct.
  • 12.2. Alcohol must not be sold and/or consumed on USC grounds without the prior written approval of USC and the appropriate liquor licence.
  • 12.3. If the Hire includes the sale and/or consumption of alcohol, USC will ensure that the appropriate liquor licence is obtained.
  • 12.4. The Hirer will ensure that all alcohol is consumed within the venue and during the times nominated by USC and required by the liquor licence.
  • 12.5. If the Hire includes the sale and/or consumption of alcohol, the cost of required USC security services will be charged to the Hirer.
  • 12.6. USC’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 USC considers (in its absolute discretion) make the sale and/or consumption of alcohol impractical or inappropriate or not in the best interests of USC.
13. First aid
  • 13.1. USC reserves the right to ensure appropriate levels of first aid services are provided by the Hirer during the Hire as follows:
    • a) If requested by USC, the Hirer will provide names and a copy of all first aid certificates of any certified staff, contractors or volunteers required to render first-aid services during the Hire.
    • b) If the Hire requires additional first aid services, as deemed by USC, the cost of attendance of first aid services will be charged to the Hirer.
14. Venue set up
  • 14.1. The Hirer will, in setting up the Venue/Equipment for the Hire:
    • a) comply with all instructions and directions given by USC;
    • b) ensure limited noise and limited disturbance to usual USC activities occurs;
    • c) engage only appropriately qualified and licensed subcontractors approved in writing by USC;
    • d) not use tape or other adhesives upon the floors, walls or other surfaces of the venue/equipment;
    • e) ensure that all trip and other hazards are covered and/or appropriately protected;
    • f) provide USC with a duly completed hiring requirements list no later than fifteen (15) days prior to the commencement of the Hire Period; and
    • g) where the Hire includes a Function Room Venue, provide USC with duly completed a furniture list no later than three (3) business days prior to the commencement of the Hire Period.
  • 14.2. USC may store any equipment left behind by the Hirer at the Hirer’s expense and dispose of such equipment where the Hirer fails to collect such equipment within a reasonable period of time.
15. Advertising material
  • 15.1. No advertising or promotional material will be displayed on USC grounds without prior written approval of the Director, Marketing and External Engagement.
  • 15.2. USC’s name must not be used in advertising or promotional material produced or disseminated by the Hirer, without the prior written approval of the Director, Marketing and External Engagement.
  • 15.3. In all references to the USC Sports Precinct and the Venue, the Hirer will use the official name of the Venue designated by USC.
16. Copyright and licensing
  • 16.1. 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.
  • 16.2. The Hirer will provide a copy of the licence or permission to USC. For assistance contact:
    • a) musical works - performance or communication APRA 1800 882 772 or apra.com.au
    • b) sound recordings – playing PPCA 02 9267 7877 or ppca.com.au
17. Animals
  • 17.1. The animals on USC 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 USC grounds, including the Venue, other than assistance animals.
18. Audio visual
  • 18.1. 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.
  • 18.2. 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.
19. Catering
  • 19.1. USC has the exclusive right to provide catering in respect of events held on USC grounds. If catering is required for the Hire, an Application for Catering Services is required.
  • 19.2 External catering must not be brought in without prior written consent of USC.
20. Collections and Donations
  • 20.1. The Hirer will not make any collections whether for charity or otherwise without USC’s prior written approval.
21. Purchase card compliance
  • 21.1. 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.
22. Recycling
  • 22.1. USC promotes the use of recyclable products and consumables. The Hirer is requested to use recyclable products.
23. Regulated parking
  • 23.1. USC is a regulated, paid parking environment. The Hirer, its officers, servants, agents, contractors and invitees and persons attending the Hire will comply strictly with USC’s Conditions of Parking as varied or replaced.
24. Services
  • 24.1. 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. Additional electricity or water requirements of the Hire must be provided by the Hirer at the Hirer’s cost.
25. Smoking
  • 25.1. Smoking is prohibited on or in USC premises, including the Venue
26. Ticketing
  • 26.1. If the Hire is a ticketed event, the Hirer must ensure that any conditions applicable to tickets for entry to the Venue, the Venue name and the activity are approved by USC prior to the sale or distribution of such tickets.
27. Cancellation
  • 27.1. Any cancellation of the Hire (in whole or in part) must be advised to USC in writing.
  • 27.2. If cancellation is notified not less than 4 weeks before the start of the Hire, any Hire Charges paid (less a $50 booking fee) will be refunded to the Hirer.
  • 27.3. 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).
  • 27.4. 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).
  • 27.5. USC may cancel the Hire at any time without liability if circumstances arise which USC considers (in its absolute discretion) make the Hire impractical or inappropriate or not in the best interests of the USC.
28. Documentation
  • 28.1. USC may request documentation from the Hirer including but not limited to:
    • a) Blue Card certificate/s;
    • b) Contractors’ information including Public Liability Insurance, Safe Work Procedures and Temporary Food Licences;
    • c) Event Management Plan, including a run sheet and floor plan;
    • d) First aid certificate/s;
    • e) Low risk contractor inductions;
    • f) Public Liability Insurance (see clause 4.1.a);
    • g) Relevant approvals for temporary structures;
    • h) Risk Management Plan;
    • i) Signed Venue Hire Agreement(s).