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Lilydale Tasmania

Gateway to Northeast Tasmania

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TERMS AND CONDITIONS FOR LILYDALE MEMORIAL HALL HIRE

TERMS AND CONDITIONS FOR LILYDALE MEMORIAL HALL HIRE

“Agreement” means this document as agreed by the parties. The Agreement includes, in order of precedence,

  1. Any Special Conditions attached to this form.
  2. Any attachments to this form.
  3. Any conditions of use or entry posted on or about the facility.
  4. The Terms and Conditions for Lilydale Memorial Hall Hire.
  5. The details on the Hire Application and Agreement Form.

“Bond” means the amount required by the LDPA under Clause 3.

“Booking” means any times set aside by the LDPA for the Hirer’s nominated event or activity.

“Event” means the Hirer’s proposed reason for hire described under “Proposed event or activity” in the “Hire Application and Agreement Form”.

“Facilities/Facility” means all or any part of the Lilydale Memorial Hall available for hire under this Agreement. 

“Fee” means the fee amount specified by LDPA for the Event and any other amounts payable under this Agreement other than the Bond. The schedule of fees and charges forms part of the Hire Application and Agreement Form.

“Hirer” means the body or individual noted as the “Hirer” in the Hire Application and Agreement Form.

“LDPA” means Lilydale District Progress Association Inc.

“Permitted Use” means the Permitted Use of a community hall as determined by the City of Launceston under relevant legislation. It also includes any permitted use of the Lilydale Memorial Hall which is the result of a successful Change of Use Development Application by the LDPA and which is specified on the Hire Application and Agreement Form.

“Term” means the period between the “Start Date of Hire” and “Finish Date of Hire” noted in the Hire Application and Agreement Form.

1. LICENSE

In consideration for the Fee, the LDPA agrees to offer and the Hirer agrees to accept a revocable, non-exclusive licence of the Facility for the Term for the Event.

2. FORMS AND FEES

  1. It is a condition precedent to the provision of the facility by the LDPA that the Bonds, Fees, forms and documents requested by LDPA, including copies of certificates of insurance, have been provided by the Hirer. 
  2. Unless agreed otherwise in writing, for repeat or routine Bookings, payment of Fees for each subsequent month of Bookings is payable at the end of each month. LDPA will send out an invoice which must be paid within 30 days.
  3. If the Facility is not vacated by the agreed time, the Hirer may incur additional Fees.

3. BOND

  1. Unless agreed otherwise in writing, a Bond shall be payable by the Hirer at the time of booking as security for fulfilment of the conditions of the Agreement. The amount of the Bond is specified in the schedule of hire fees and charges that forms part of the Hire Application and Agreement Form.
  2. The Hirer shall be liable to pay on demand a further amount in excess of such Bond to meet the full cost of breaches of this Agreement, including damage or cleaning. 
  3. The Bond may be applied towards rectifying of any breach of this Agreement or to monies owed under this Agreement. If there is no such breach or outstanding monies, the Bond will be returned within 30 days of the end of the Term.

4. NO WARRANTIES

The Lessor does not represent or warrant that the Premises are suitable or lawful to be used for the Permitted Use. It is the Hirer’s responsibility to make its own inquiries and inspections. To the maximum extent permissible by law, no statutory warranties apply to the Agreement.

5. CHANGES TO BOOKING

If you intend to vary or cancel a Booking, the LDPA requires two business days’ (Monday to Friday) notice prior to the date of the booking. The LDPA may vary or cancel a Booking due to an emergency without notice, or for any other reason with prior notice.

6. RISK WARNING

Many activities in LDPA Facilities can be potentially dangerous, including sporting events and use of toilets and car parks. Use may involve risks including slipping and falling, collisions, dehydration, heat stress, overexertion and other risks.  These risks may result in injuries such as broken bones, ear damage, infections, muscle and tendon damage, spinal injuries, dental injuries, brain injury, irritations, heart stress, death and other injuries. Use of the Facilities may aggravate existing conditions including allergies. You cannot assume that LDPA staff are immediately available if a person experiences difficulties. The Hirer needs to take special care and also ensure that children and people with impairments are closely supervised by their parents, carers and guardians.

7. CONDUCT

Unless explicitly stated otherwise in this Agreement, the Hirer must, 

  1. Keep noise to a minimum at all times.
  2. Use the Premises only for the permitted Event.
  3. Not, without the prior written consent of the LDPA.

(i) Alter the Facility, including painting, drilling, writing or in any way defacing the Facility.

(ii) Erect structures, signs, stages, decoration, amusement equipment, or perform other works.

  1. Keep the Facility in good order, except for fair wear and tear, and having regard to their condition at the beginning of this Agreement. Unless they are dangerous, leave things as you find them.
  2. Leave the Facility in a clean and tidy state, as it was at the start of the Event, with equipment replaced if it is moved during the course of the hire period.  Unless agreed otherwise in writing before the Event, the Hirer shall remove all rubbish, refuse and waste matter.
  3. Not permit overcrowding and obstruction of gangways, passages, corridors, or of any part of the Facility.
  4. Not permit or suffer anything in the Facility which may be or become a nuisance.
  5. Not use the drains in a way likely to obstruct or damage them.
  6. Comply with any law, notice, order, by-law or rules of entry relating to the Facility.
  7. Take out and keep current all licences and permits required to carry on the activities conducted on the Premises.
  8. Be responsible for the conduct and control of members, clients, guests and staff within the Premises.
  9. Be solely responsible for providing a safe system of work in the Facility including identifying and taking all such precautions as are necessary to protect the health and safety of the public and all persons employed or agents engaged by it.
  10. Not prejudice the cover provided by the insurance policies of the LDPA.
  11. Promptly notify the LDPA of any property damage, environmental damage, or risk of damage or personal injury, in or around the Premises.
  12. Vehicles shall use the designated public parking areas only.
  13. No animals or pets are permitted in the Facility without the written approval of the LDPA, with the exception of guide dogs and hearing dogs.
  14. Unless stated otherwise, the Hirer must provide at their cost, suitable coaching, supervision, security and other professional services that are needed for any approved activity.
  15. Before bringing any electrical equipment on site, comply with the electrical testing and tagging requirements of AS/NZS 3002. 
  16. Smoking is prohibited within the Facility (including the outdoor areas) or within 3 metres of any entrance or intake vent.
  17. Comply with any rules or conditions of entry posted at the Facility or its entrance, or attached in to this Agreement.
  18. Comply with any law, including any permit or licensing requirement.

8. LIQUOR

No Alcohol can be used or brought on to the Facility without the LDPA’s consent. If the use of alcohol is approved, the Hirer must,

  1. Obtain, and comply with any conditions of, any necessary alcohol-related permits, licences or authorisations.
  2. Serve alcohol responsibly.
  3. Take measures to ensure that alcohol is not served or sold to minors.
  4. Encourage appropriate road safety measures, such as the rostering of responsible drivers.
  5. Pay any additional Bond amount specified by the LDPA.
  6. Hirers are warned that alcohol use is likely to increase the risk of injury, damage or public nuisance and are to take appropriate measures to control those risks.

9. INDEMNITY

To the maximum extent permissible by law, the Hirer agrees to indemnify, and keep indemnified, and to hold harmless the LDPA, its servants, volunteers and agents from and against all actions, costs, charges, expenses and damages whatsoever arising out of, or in relation to the use of the Facility (including theft and damage to personal property and equipment).

10. INSURANCE

The Hirer shall at all times during the agreed term, hold the insurance cover required by LDPA. The insurance must be effected with an insurer, and on terms, acceptable to the LDPA. A certificate of currency or other insurance documents must be provided to the LDPA if demanded.

11. ASSIGNMENT

The Hirer may not sublet, license, assign or otherwise deal with the Facility. 

13. BREACH AND TERMINATION

Without prejudice to any other legal right, the LDPA may terminate this agreement immediately by providing notice (including verbally) to the other party if:

  1. The Hirer is in breach of a term of this Agreement; and
  2. The Hirer has failed to immediately remedy a notified breach or default.

14. ABANDONED ITEMS

If the Agreement ends for any reason, the LDPA may remove any of the Hirer’s unclaimed property and store it at the Hirer’s expense without being liable to the Hirers for trespass, detinue, conversion or negligence. After storing it for one month, the LDPA may sell or dispose of the property. It may apply any proceeds towards any amounts owed to the LDPA, or towards the payment of storage and other expenses related to the Hirer’s property. 

15. DISPUTES

In the event of any dispute arising between the parties, the Hirer may notify the President of the LDPA in writing of a dispute. The Hirer may not commence any legal proceedings until 28 days after the President has been notified of a dispute.

16. GENERAL

  1. Any variation to the above dates must be approved in writing by the LDPA. 
  2. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction is to be read down if possible so as to be valid and enforceable and may be otherwise severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
  3. This Agreement constitutes the entire understanding of the parties on the subject matter and supersedes any and all other representations or statements by either party or its representatives, whether oral or in writing, made prior to the date of this Agreement.
  4. Except as specifically provided in this Agreement, the parties do not intend to create rights in or grant remedies to any third party as a beneficiary of this Agreement and all covenants, stipulations, promises and leases contained in this Agreement are for the sole and exclusive benefit of the parties to this Agreement.
  5. Clause 9 [Indemnity], and 15 [Disputes] survive the termination or expiry of this Agreement.
  6. A party may execute this Agreement by signing any counterpart. All counterparts taken together constitute one agreement.

Personal Information Protection Statement

As required under the Personal Information Protection Act 2004

1.Personal information is managed in accordance with the Personal Information Protection Act 2004 and may be accessed by the individual to whom it relates, on request to Launceston City Council and LDPA.
2.Information can be used for other purposes permitted by the Local Government Act 1993 and regulations made by or under that Act, and, if necessary, may be disclosed to other public sector bodies, agents or contractors of LDPA and Launceston City Council, in accordance with Launceston City Council’s Personal Information Protection Policy (17-Plx-005).
3.Failure to provide this information may result in your application not being able to be accepted or processed.
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