Terms and Conditions

Our Terms and Conditions provide everything you need to know about bookings, payments, cancellations, venue use, safety and responsibilities when hiring the venue.

Terms and Conditions

All Hirers are required to sign the hire agreement, which when signed, indicates full acceptance of Bega Valley Shire Council, Bega Valley Commemorative Civic Centre ‘terms and conditions.’ The hire agreement is a legally binding contract.

Charges

  • Hire charges for use of the facility must be paid in full to Bega Valley Shire Council (BVSC).
  • At the time of booking the Hirer must provide full invoicing details to BVSC inclusive of organisations full name, contact name, phone number, email and postal address.
  • Additional charges will be applied to the invoice post event if the Hirer exceeds specified booking times, additional labour charges are sustained by the venue, further venue resources or facilities are utilised.
  • Payments can be made via credit card / BPay / BillPay or cheque (payment details provided on invoice). Please contact BVSC Customer Service on (02) 6499 2222 for all enquiries regarding invoice payments.
  • Interest will be charged on any outstanding hire charges from the due date of the payment, at a rate not exceeding fifteen percent per month.

Cancellation

Cancellation by the Hirer

  • The Hirer must provide written notice of cancellation to Venue Management if at any time it
  • Wishes to cancel all or part of the Event or no longer requires all or part of the Event Facilities.
  • Notice of cancellations received by Venue Management:
    1. Less than ten (10) days prior to the booking date will be charged 100% of the full estimated fees plus any expenses already incurred by the Venue at the request of the Hirer;
    2. Between four (4) weeks and 10 days of the event booking date will incur a charge of 50% of the full estimated fees plus any expenses already incurred by the Venue at the request of the Hirer;
    3. More than four (4) weeks out from the booking date no fee will be charged; Except if any expenses already incurred by the Venue at the request of the Hirer.

Cancellation by Council

  • The Bega Valley Shire Council reserves the right to cancel any booking.
  • The BVSC may cancel the booking without notice in the event of an emergency, if the facility is deemed unsafe, in the event of a Federal or State Election if the Centre is a nominated polling booth, or if the Civic Centre is required as an emergency relief centre and will:
    1. Refund any amounts paid by the hirer in relation to the booking if the hirer is without fault.
    2. Not be liable for any loss or damages suffered as consequence of it exercising its right to cancel a booking.

Postponement

  • In the event that a hirer postpones a booking, written confirmation of postponement must be provided to Venue Management four weeks prior to the booking.
  • In the instance that the 4 weeks notice period is not met, the hirer will be subject to the cancellation clauses provided in 2.2

Deposit

  •  The BVSC reserves the right to request a deposit from the hirer at their discretion. 

  • If a deposit is required, deposit invoices must be paid within 14 days of signing of contract. If the deposit is not received by this date, the venue may cancel any tentative booking.

Finalising Event Details

  • Fourteen (14) business days prior to the start of the hiring period the client must supply Venue Management with a written confirmation of final numbers of attendees requiring food or beverage, dietary requirements and catering service times, audio visual requirements.

  • Any changes to confirmed details within 10 days before hiring may incur additional labour, hirer and technical costs.

Venue Access and Hours of Operation

  • Access to the hired spaces will only be permitted as per the hire agreement.
  • The Hirer will not commence any activity earlier or later than the starting time or times specified in section 4 of the Contract unless such change of time shall have previously been approved in writing by Council.
  • The BVSC retains the right to control the Venue including all means of ingress and egress, and over the timing of opening and closing of doors and the admission of the public (including the right to refuse admission to person and persons).
  • The BVSC retains the right to control access and refusal of admission to all venue areas and services provided by the venue.

Additional pre-rig, bump in and/or bump out dates

  • The booking request must be inclusive of all access requirements of the venue hire; inclusive of the time required for set up, pack up, pre-rig, bump in and/ or out dates. These additional elements of the event must be disclosed with the booking and added to venue hire.
  • If access outside of the booking period is required for any reason, there will be additional charges in accordance with the Schedule of Fees and Charges.

Hirers Responsibilities

  • The Hirer will cooperate to ensure their activities do not negatively impact upon other hirers.
  • Hirers must exercise a duty of care and not obstruct or interfere with aisles, entrances, exits, electrical cupboards, emergency lighting, fire extinguishing equipment and fire alarms in the premises or do anything which might in any way endanger nor omit to do anything reasonably required to prevent danger to the venue, or any person.
  • The Hirer will not, unless approved by the Venue in writing, make any additional or alterations to the structure, facilities, goods, equipment, or decoration of the venue.

Hirers Property

  • The Bega Valley Shire Council is not responsible for the loss, damage or theft of any property or money belonging to Civic Centre Hirers and / or their associated third parties.
  • The Hirer indemnifies Bega Valley Shire Council in relation to any losses, claims, damages or demands for payment arising from any breach of copyright, infringement of moral rights, or other unlawful use of the intellectual property in the course of use of the premises.
  • BVSC Staff will not assume responsibility for any delivery or collection of Hirer's goods.

Venue Induction / Emergency Procedures

  • The Hirer shall ensure all his agents and servants on the premises are familiar with all Emergency procedures as outlined in the Venue hire room guide and observe the Venues internal security and emergency evacuation procedures.
  • The Hirer agrees when requested by Venue Management to insert into any official programme or to otherwise announce any emergency evacuation procedure as may be determined by the venue management.

Cleaning/ Damage

  • The Hirer must not damage the venue, or any equipment provided by the venue.
  • If damage is caused, the cost of repairs and loss of income during the repair time will be on-charged to the hirer.
  • The Hirer shall notify Venue Management immediately on becoming aware of any damage or loss to the premises, its facilities or equipment and of any injury to any person whosoever in the Civic Centre.

Catering and Beverages

  • The BVSC retains all rights to catering, liquor and beverage service within the venue.

  • The operation of the bar and catering servicing the patrons of the Venue is predicated on commercial market rates.

  • The BVCCC provides in-house catering for all events where catering is required. The Hirer must confirm in writing final numbers, dietary requirements and catering service times 14 (Fourteen) business days prior to the event.

  • The BVSC will not be liable for or cannot guarantee the provision of any last-minute catering or dietary requests. While every precaution is made to minimise the risk of cross contamination, the kitchen contains the following common allergens: Nuts, gluten, wheat, dairy, eggs, fish, soy and preservatives.

  • No catering is to be removed from the venue.

  • Due to NSW Food Health and Safety Regulations external catering or self-catering is not permitted in the venue. If external or self catering is brought into the venue, the Hirer will be asked to remove it immediately from the premises.

  • At the discretion of the BVSC, a minimum spend on catering and beverage services may be applicable to ensure the provision of requested services is feasible.

Liquor Licensing and Consumption of Alcohol

  • The Bega Valley Commemorative Civic Centre is a fully licenced venue and BYO is strictly prohibited.
  • All service and consumption of alcohol must be in line with Liquor Licence conditions imposed on the Bega Valley Commemorative Civic Centre by the NSW Office of Liquor, Gaming and Racing, Australia.
  • Bars will be open one hour prior to performances and during intermissions.

Staffing Requirements

  • Venue Management reserves the right to specify a minimum number of staff to be engaged or present during any agreed use:
  • Any costs incurred for staff provided by the Venue for the Hirers use or as are considered necessary to meet the Hirer’s requirements, will be invoiced to the Hirer at the applicable labour rates as set out in the Schedule of Fees and Charges. Minimum call times for staff is three (3) hours as per the industry award.

Technical Requirements

  • The Hirer must employ audio-visual technician(s) for its Event as particularly determined by Venue Management in the Event Order.
  • The Hirer may elect to employ their own production personnel in addition to the Duty Technician at their own expense; subject to suitable expertise on assessment by the venue’s Duty Technician, and their completion of the Safety Induction
  • The Hirer must ensure that any audio-visual equipment used by the Client that was not supplied by the Bega Valley Commemorative Civic Centre is compatible with the Venue’s audio-visual systems, is in sound working order and condition and complies with any applicable specifications and standards.
  • The Hirer must also ensure that all audio-visual technicians employed by the Client and the Client’s representatives meet the Venues dress and presentation standards.

Capacity Limit

  • The Hirer will ensure adherence to venue capacities.
  • The BVSC reserves the right to decrease venue capacity pending the nature and scope of particular events.

Entertainment

  • Hirers engaged in the following must receive written approval from the Venue Management prior to undertaking activity on the premises:
    • Use of naked flame / flammable substances
    • Hot Work/ pyrotechnics
    • Strobe lighting
    • Lasers
    • Smoke, haze or snow machines
  • 16.2 Approval will not be given for any activity requiring the discharge of ammunition from a firearm, the use of any material or thing giving off a level or heat or toxicity that poses a threat of harm, the use of any sharp implement or weapon that poses a threat of harm or the screening of nitrate film.

Obstructions

  • The Hirer shall not obstruct any stair, exit or path of travel within the premises. This includes all open spaces within the Venue i.e.: Foyers, public spaces, back of house passageways.

Sound Levels

  • Venue Management or authorised officer reserves the right to exercise control of sound levels within the Venue and stop work in cases of excessive sound level or vibration or where they believe any personal safety or other venue events are compromised.
  • The maximum sound level shall not exceed the level allowed under the Nuisance Provision Act 1999 of the Environmental Protection Agency.

Ticketing - Code of Practice for the Ticketing of Live Entertainment in Australia

  • The hirer will abide by the industry Code of Practice with regard to tickets sold to Live Entertainment in Australia.
  • In accordance with Live Entertainment in Australia Code of Practice and the Department of Fair Trade (Entertainment Industry Code of Fair Practice); patrons shall be entitled to a full refund or exchange option in situations such as:
  • The Hirer must ensure that the venue approves any proposed event floor plan before it is made available for public sale via ticketing outlets.
  • The Hirer must authorise ticketing agencies to make available to the Venue, whenever requested by the venue, information regarding ticket sales.
  • The Hirer must not issue tickets for more than maximum capacity numbers as stated by the venue.

Copyright Performing Rights

  • The hirer is responsible for any payments due under the Copyright Act and the hirer agrees to indemnify BVSC against any action resulting from non-payment or non-compliance with copyright laws. The BVSC is under no obligation to ensure, prior to the use of the premises, that the activity for which the premises are hired does not infringe copyright.
  • Should the hirer obtain the permission of the Venue Manager to make a video recording, one recording only shall be made and an appropriate licence to make the recording shall have been granted by the Australasian Mechanical Copyright Owners society (AMCOS).
  • The Hirer shall not allow a performance to be photographed where such photographs are in breach of copyright legislation.
  • BVSC may revoke or discontinue the licence if at any time in the opinion of venue management a breach of copyright is being committed.

Electrical Safety

  • The hirer will only use the designated power source as instructed by venue management.
  • The hirer must not under any circumstances connect equipment to power or other equipment without the nominated Duty Technician’s approval.
  • The hirer will ensure Any electrical equipment brought on to the premises must be tested and tagged as per Australian Standards.

Companion Card

  • The Hirer acknowledges that Bega Valley Commemorative Civic Centre is an affiliate member of The Companion Card Program for performances and events hosted at the Bega Valley Commemorative Civic Centre. The Hirer agrees to issue a complimentary ticket for the card holders essential support companion when the Companion Card is presented at time of purchase.

Guide, Hearing and Assistance Dogs

  • The Bega Valley Commemorative Civic Centre welcomes patrons accompanied by guide, hearing or assistance dogs.

Risk Management

  • The Hirer is required to conduct a thorough risk assessment of the event and develop a risk management plan in consultation with Venue Management. This must include, but not limited to, the assessment and implementation of adequate emergency management and first aid procedures, equipment and resources.

Conditions of Entry

  • The Hirer shall abide by the General Conditions of Entry and Refusal of Entry displayed at each point of entry to the Venue which apply to all persons within the premises.
  • All persons must follow any instruction given by Venue Management or authorised officer.

Refusal of Entry

  • Venue Management may refuse admission to or request the removal from the premises of any person behaving in an objectionable, disorderly, improper or undesirable manner. Venue Management may request the Hirer to cease activity if disorderly and unacceptable conduct occurs. Any such behaviour will result in immediate removal from the premises. Any illegal activities will be reported to the relevant authority.

Restricted/ Prohibited Items

  • 27.1 The Hirer must not bring or permit others to bring any dangerous goods or weapons, including but not limited to:
    • Glass objects.
    • Cans.
    • Alcoholic beverages.
    • Flares/fireworks.
    • Laser pointers.
    • Knives or other dangerous weapons.
    • Recording devices (selected events only)
    • Other similar items that have the potential to cause injury or nuisance.
  • 27.2 The BVSC retains the right to request any item be removed from the venue that it deems dangerous or could potentially impact the safe provision of patrons.

Marketing

  • Venue Management must approve all advertising material prior to publication, issue or promotion. Commencement of any advertising is not permitted until contractual and ticketing agreements are complete and deposits received.
  • The use of the Bega Valley Commemorative Civic Centre name, logo, website and contact details must be reproduced and used only in a typeface and format approved by Venue Management.

Insurance

  • The Hirer is required to be insured against public risk in connection with its activities in the facility for a sum not less than twenty million dollars ($20,000,000) for each occurrence.
  • The Hirer is responsible for the care, protection and insurance of their own property within the facility.
  • Evidence of compliance within this clause must be provided to Venue Management on signing of this contract.

Indemnity and Release

  • The Hirer shall indemnify and hereby indemnifies BVSC against all actions, suits, claims, demands, proceedings, losses, damages, compensation, costs (including solicitor and client costs), charges and any expense whatsoever in respect of any personal injury caused or contributed to by the negligent act or omissions, breaches of contract or breaches of statutory duty of the Hirer, its servants, members, invitees or agents for damage to equipment or any other property of the BVSC or any other person or corporate body arising out of, or incidental to, the use of the property or facilities thereon by the Hirer and caused by the Hirer, its servants, members, invitees or agents.
  • The Hirer shall also indemnify and keep indemnified BVSC from and against all loss of or damage to the property of the BVSC real or personal including (but not limited to) the BVSC premises and including any fixtures, furnishings or goods of the BVSC herein caused by or arising out of the acts, neglects or defaults of the Hirer, its agents or contractors or which without any negligence or default would not have been sustained but for the agreement hereby granted.

Force Majeure

  • If the Hirer is rendered unable wholly or in part by force majeure to carry out its obligations under this agreement, then this shall not affect the operation of the terms of this Agreement and the risk of frustration is to be borne by the Hirer.

Termination

  • If at any time the Hirer is in breach of a material term of these conditions the council may, in its absolute discretion, cancel the hire of the venue by giving written notice of such cancellation to the hirer.

Dispute

  • In the event of a dispute over any of the above conditions and requirements of the hirer, the matter will be deferred to the Manager Economic Development of BVSC for resolution and final decision.

Acceptance of Booking Contract and Terms and Conditions

  • The hirer agrees with Bega Valley Shire Council to use the Bega Valley Commemorative Civic Centre on the following terms:
    • To abide by all the Terms and Conditions listed in this contract.
    • To accept all pricing as outlined in the quotation.
    • Confirms the Hirer holds current public liability for sum not less than $20,000,000.00

Refusal of Application

  • Venue Management have the discretion to decline or refuse a venue hire application on the following terms:
    • An application which is incongruous with the strategic direction of the Venue.
    • An application which potentially compromises Council’s financial investment or position.
    • An application which will clash or conflict with curated or presented programs by the Venue or to a Hirer who has already booked an event, in the type of programs proposed within a certain timeframe.
    • An application for an event or performance, if it is likely to cause damage to the reputation of the venue, risk relationships with audience members and other clients.
    • An application which will offend public morality or be discriminatory in terms of heritage, race, religion or sexuality.
    • Venue Management reserves the right to refuse hires where risk cannot be managed.

Acceptance of Booking Contract and Terms and Conditions

The Organisation/Group/Individual agrees with Bega Valley Shire Council to use the Bega Valley Commemorative Civic Centre on the following terms:

  • To accept all pricing as outlined in this document
  • To abide by the Terms and Conditions applying for the use of BVCCC
  • To use the hired area only for agreed time and purpose specified on the application
  • To leave the hired area, on each occasion of use, in a clean and tidy state
  • To report any damage to BVSC immediately.

 

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