Venue hire terms
Agreement
This agreement is made between Zeal Education Trust, now referred to ‘Zeal’ within this document, and the Client. In the event that this agreement is signed in the name of the company, partnership, agency, firm, club or similar society, the person signing indicates to Zeal that they have full authority to sign such a contract. Any reference to the “Venue Manager” will refer to the person nominated by Zeal to represent Zeal in all matters relating to the event.
Pencilled and confirmed bookings
Please note; a ‘pencil’ booking by a potential hirer is an unconfirmed booking. To obtain confirmation of your booking you must complete this form and return it to Zeal with your deposit. This should be completed no later than sixty days prior to the date of hire. If another potential hirer seeks a booking for the same facility on the same dates as your pencil booking, Zeal will request your confirmation within 48 hours and if this is not received, your pencil booking will lapse. A booking made within sixty days of an event will be treated as a request for a confirmed booking, so confirmation and deposit will be requested within 48 hours. If this is not received, the pencil booking will lapse. The hirer may request amendment to the confirmed booking at any time and Zeal will accommodate the request if possible. The amendment must be confirmed in writing within 48 hours by executing a replacement Hire Agreement.
Bond and cancellation
Zeal reserves the right to request a bond. All cancellation advice shall be in writing. In the event the Client cancels a confirmed booking, the following conditions shall apply:
Once a booking has commenced: 100% hire charge for full period of hire.
- Less than two (2) days before commencement of booking: 75% hire charge for full period of hire. – Less than 14 days before commencement of booking: 50% of hire charge for full period of hire.
- More than 30 days before commencement of booking: Full non- refundable deposit withheld.
If a confirmed booking is cancelled in a case of force majeure, Zeal will endeavour to locate an alternative venue and if notice of cancellation is:
- Less than 4 weeks before the commencement date, Zeal will provide a full refund of deposit plus reschedule the booking at a time to suit and waive the hire fee.
- More than 4 weeks before the commencement date, Zeal will provide a full refund of deposit plus reschedule the booking at a time to suit.
In any case, Zeal will not accept liability for any losses, expenses or costs incurred as a result of the cancellation of any booking.
Booking alterations
Any venue or date changes to confirmed bookings after the deposit has been paid must be communicated in writing. There is no guarantee that a booking may be altered due to other possible demands on the venue.
Payment details
As per your instructions, only the person/s named are authorised to charge to the event account. It is imperative the signatory’s names are advised prior to the commencement of the event. All payments are to be made by cash, cheque or direct debit prior to the event. Additional charges will be invoiced at the conclusion of the activity or event unless specifically noted otherwise in the booking confirmation. Any cost incurred by Zeal, or its agents, in collection of all or any part of any overdue debt will be payable by the client.
Guaranteed numbers and booking information
All requirements, including intended use, set up requirements, venue access times, set up and set down times, catering/supply, event or activity start and finish times, any special needs, and estimated participant numbers, must be received in writing by Zeal fourteen (14) days prior to the commencement of the event. Minimum numbers for catering (if applicable) are required 14 days prior to arrival. Final guest numbers for catering purposes are required 7 full working days prior to the group’s arrival. This is the minimum number for which you will be charged. Failure to provide a full disclosure may be considered a breach of the provisions of this agreement and may lead to termination of the booking.
Ticketing
Zeal’s nominated ticketing service provider is Eventfinda. Should you wish to enquire about ticketing through Zeal / Eventfinda please ask. For all ages shows and youth events Zeal requests 8 tickets per event. Zeal reserves the right to utilize these tickets in whichever way it deems appropriate.
Hours of use
The hire of Zeal does not entitle the client to use or enter the premises at any time other than the specific hours for which the venue is hired unless prior arrangement has been made with the Manager. Allowance for set up and set down time including cleaning and removal of all equipment, plant and other items used for the event, should be made. Zeal venue hire allows for usage up to 8 hours per day, finishing at midnight. Additional hours are chargeable. Access to the venue outside of normal office hours is to be arranged with Zeal staff prior to your event. Clients are required to access and vacate the venue as per the times stated in booking correspondence. Penalty rates of $75.00 per hour will be incurred for exceeding stated access times.
Care of Premises
The client should liaise with Zeal to prevent any damage. The Client shall take extreme care of and shall not cause any damage to or permit damage to be done to the venue, or any part thereof, including any fittings, equipment or other property at the venue. The client shall report any damage and make good or pay for damage to the venue (including accidental damage) caused by any act or neglect of the Client, the Clients employees or agents, or any persons attending the event by reason of the use of the venue by them. Repairs initiated by Zeal will incur a administrative fee of $45 +gst. Any damage caused to the property, fittings or equipment will become the financial responsibility of the Client, this includes but is not limited to; equipment damages due to operator error or being driven or hard, food or drink damage to technical equipment, graffiti in the building, broken chairs and tables, wall damage, broken ceiling tiles etc. The Client shall not make alterations to the structure, fittings, decorations or furnishings of the venue nor permit nails, hooks, adhesive fasteners, adhesive tape, tacks or screws to be installed on any part of the Venue without prior written permission from the Manager. The Client shall leave the venue in the same condition as it was on the first day of the event. The Client shall not allow anything to be displayed, attached or suspended from the ceilings, walls, fittings or draperies of the venue without prior written permission of Zeal.
Cleaning
General cleaning charges are included in the hire of the venue. The Venue will be cleaned before and at the conclusion of your booking on a daily basis. Additional cleaning required during set-up or on- going running of your booking will be charged on the final invoice. However, all rubbish created by the Client, especially food waste, must be removed by the Client or agents as soon as the event is completed. Should the venue not be found in the same state in which it was before the event, the venue will be cleaned/repaired at the Client’s expense at $50 + GST per hour. Please see Zeal staff for access to the cleaning cupboard and return any equipment or gear used to its original position.
Labour Charges
All facilities have basic furnishings and equipment available as part of the venue rental. Should any extra labour be required in setting up or moving this equipment or furnishings, a charge will be incurred on your final invoice.
Alcohol & Drug Policy
Licenced security must conduct appropriate bag checks etc at the door. On agreement to play at Zeal, performers and associates must adhere to this policy, which also includes that no one is to be intoxicated while on the premises. If a band/artist is found to have alcohol they will be asked to remove the substance, if this is not adhered to, or they are found with alcohol again, the band/artist will be asked to leave the venue – to the cost of the hirer. Zeal takes no responsibility for loss of income if they cannot perform due to this clause.
Damages / Insurance / Indemnity
It is recommended that the Client arrange personal liability insurance for themselves as required. Under no circumstances will Zeal make good or accept responsibility or liability in respect of damage, theft or loss of any property, goods, articles or things whatsoever placed, deposited, brought into or left at Zeal either by the Client, the Client’s employees or agents or by any persons attending the event and the Client must indemnify and hold Zeal and its employees and agents harmless in respect thereof. Zeal will not be liable for any loss due to any breakdown of machinery, failure of electricity supply, leakage of water, fire, evacuation, government restriction or act of God which may cause the venue to be temporarily closed or the hiring to be interrupted or cancelled. The Client shall indemnify and keep indemnified Zeal from and against all loss, damage or liability whether criminal or civil, suffered by Zeal, which may be incurred by, done by or happen to the Client or the Client’s employees or agents by or to any other person resorting to Zeal by reason of the use of the venue by the Client. Zeal will not indemnify clients for any loss, damage or liability whether criminal or civil, suffered by the hirer. Zeal is not responsible for any property left behind. The Client will be responsible for the removal of all property after the conclusion of the event and any goods left after the function without prior arrangement will be deemed abandoned. Notwithstanding the above the provisions of the Health and Safety in Employment Act 2002 at all times take precedence.
The Health and Safety Act
The Client must at all times be aware of their obligations and comply with the provisions of the Occupational Safety & Health (OSH) Act 1992. The Client is responsible to submit their own health and safety plan prior to each event to Zeal Management. This must be completed 24 hours prior to setup beginning. Zeal Staff can help by supplying a template. Zeal will liaise with local police and emergency services about the nature of your event. Police may access the building at any time during your event. It is expected The Client, alongside Zeal Management will host police and comply with any reasonable / legal demands made by Police. Hirers will be responsible for providing their own general first aid equipment. Security must be provided to the satisfaction of Zeal Management for all events. Approval must be sort for all safety and door security arrangements for any public admission functions. We typically recommend a ratio of 1:100 for seated events and 1:75 for standing events. The hirer must keep Zeal informed as to how many tickets are sold and how many guards are booked right up until the day of the event. If any security personnel are required by Zeal to be hired on the Hirer’s behalf, costs incurred will be chargeable to the Hirer’s account.
Sub-letting
The Client shall not sublet the Venue or any part thereof.
Clients Covenants
The Client shall comply with all proper requisitions and requirements of any government department, authority or body and all statutes or regulations and by-laws from time to time affecting and relating to the nature of the Client’s use of the venue. The Client and his employees and agents shall, during the period of hire and other such times they shall be in the Venue for the purpose of the hiring, comply with all the requirements of Zeal Staff and Management. For large events, it is recommended The Client provide identity tags or lanyards to all staff, crew and volunteers involved with the event, to ensure they are easily identified to Zeal Management.
Licenses, Permits, Consents and Authority
The Client must at the Client’s expense obtain all licenses, permits and consents that may be required for the Event and upon request the Client will provide Zeal with copies of these documents. In addition, the Client will obtain the relevant authorization (EG. APRA) in relation to use of any third party intellectual property and will not use the Venue for the public performance of any literary, dramatic, musical or other work or entertainment in breach of copyright.
Termination
The Manager reserves the right to refuse any potential hirer and may terminate, at any stage, any event by notice to the Client in writing where in their opinion: There is, by reason of the Client’s use of the Venue, imminent danger or damage being afflicted to the Venue or to any person in or about the Venue, or any nuisance, disturbance or annoyance being caused to any licensee or invitee of Zeal or to the owner or occupier of land or property in the vicinity of Zeal; The Client is in default under any provisions of this agreement; or For the purposes of this agreement, the Client (if it is a company) passes a resolution or the court makes an order for the winding up of the Client or if the Client is placed in receivership or under official or statutory management. Management has the right to refuse to hire any of the facilities to any hirer or cancel a booking that has been duly entered into where the staging of the event or the nature of the event may contravene any statute order regulation bylaw rule of law or otherwise be in breach of reasonable standards of public decency. Management may also cancel an event if it considers that the management of the event is inadequate and the conduct of the attendees of the event is such that could lead to danger or harm to any person or material damage to any property, including the venue itself. If a deposit has been paid in such circumstances, the deposit will be returned to the hirer who will agree in such a case to accept and consent to the cancellation with no provision for any claim for loss or damage of any kind against Zeal, or its staff.
Fire Safety
The Client must ensure: Exits are clear at ALL times. Adherence to Zeal’s smoke free policy. In the event of the fire alarm sounding, all people exit the building via the closest exit and congregate according to the evacuation plan.
General
Please respect the requests of Management and Safety Officers as they are trying to ensure that your event/function has a safe and happy outcome. No naked flames (including candles), pyrotechnics or fireworks of any kind are permitted in the venue.
Confidentiality of Information
Zeal agrees to hold in the strictest confidence any business, personnel, technical or financial information that they may learn about the client as a result of entering into this contract or from the client’s use of Zeal facilities.
Equipment
All electrical equipment brought into the venue must have a current certification from a registered electrician. All other equipment provided within the hire must be well maintained and used in the intended manner safely. It is important to note, the equipment based at Zeal is relative to the types of events we run in-house. This equipment can be hired for events, however any damage retained from an operator’s negligence will be passed directly on to The Client. For a full list of equipment available to hire at Zeal Hamilton, please contact us. Any equipment re-patched or moved must be returned to the original place or a fee will be incurred post-event.
Audio Engineers & Lighting Operators
Zeal has an extensive network of approved operators who understand our venue and technical system. At times, these operators can be made available to The Client on request. If The Client wishes to bring their own operator/s, this can be made possible, however must be approved by Zeal Management prior to the event.
Australian Performing Rights Association (APRA)
The Client is responsible to organise any licensing and costs involved with APRA. If the client has not organised this, they must pay any costs and fees associated to APRA infringement.
Noise & Sound Levels
Whilst our venue is fairly sound proof this will not be effective when certain doors are left open. If by chance Noise Control arrives at the venue, The Client is to comply with all reasonable and legal requests. If any Zeal equipment is impounded, The Client must retrieve or replace within 16 hours and pay all associated costs and fines.