Terms of Hire

Before booking AHEPA Hall for your next function or event, please read the following Terms & Conditions.

Terms & Conditions  |  Schedule 1  |  Annexure A – Hired Area

Terms & Conditions

Hire

We, the Owner agree to hire the Hired Area to you, the hirer, for the Hire Period on the terms and conditions specified below.

Meaning of certain words

Conditions of Entry
Means the conditions of entry attached to this Agreement as Schedule 1

Hired Area
Means the approximate area as shown hatched in the plan contained in Annexure A, being part of the building erected on Lot 1 on RP 1462 on Title Reference 12253202 including any fixtures or fittings (including, without limitation, furniture and equipment) installed by us in it

Us, our, etc
AHEPA organisation, registered owner of the Hired Area, represented by the committee members

You, yours, etc
The person described in the Booking Form as the Hirer

What you must pay us

You must pay us the Hire Fee (inclusive of any GST) and any bond in full no later than due date specified on the Booking Form. The Hire Fee and any bond does not include:

  1. any furniture, equipment or other facilities, except those that we advise you are usually installed in the Hired Area;
  2. removal or replacement of furniture, equipment or facilities which we install in the Hired Area at your request;
  3. catering facilities;
  4. parking; or
  5. security, other than as specified below; and

 

for which we may charge you an additional fee if you request us to supply any of these items.

Confirming your reservation

To confirm your reservation of the Hired Area, you must:

  1. return this Agreement and the Booking Form to us, signed by you (if you are a company, this Agreement must be signed by a director of your company);
  2. pay us a Deposit equal to the greater of 10% of the Hire Fee or $50; and
  3. if the Booking Form so specifies, pay to us the Bond.
Cancellation

You may cancel this Agreement at any time before the Hire Period begins, but you must pay us the Cancellation Fee specified below if you do so. We may deduct the Cancellation Fee from any amount you have already paid to us. The Cancellation Fee is:

  1. the greater of 10% of the Hire Fee or $50, if you cancel this Agreement 28 days or more before the Hire Period is due to begin;
  2. 50% of the Hire Fee, if you cancel this Agreement less than 28 days, but more than 7 days, before the Hire Period is due to begin;
  3. the total Hire Fee, if you cancel this Agreement 7 days or less before the Hire Period is due to begin.
Deduction from Bond

We may deduct from the Bond any amount that you owe us under this Agreement (including for any claim we have against you under this Agreement) but unpaid by you. We may still claim against you for any shortfall that remains outstanding.

Your obligations as a Hirer

You must:

  1. comply with all relevant laws, codes and regulations and obtain any necessary permits required in relation to the Event.
  2. not use the Hired Area for any purpose except the Event specified in the Schedule;
  3. not exceed any maximum capacities as communicated by us to you;
  4. not promote or use the Hired Area for any public meeting or entertainment unless we have first agreed to hire the Hired Area to you for that purpose;
  5. not cause any nuisance or damage to the Hired Area, or any fixtures, fittings or equipment located in it;
  6. leave the Hired Area in a clean and undamaged state, you agree to pay to us any expense we incur if you leave the Hired Area, or any fixture, fitting or equipment in it, in an unclean or damaged condition;
  7. not assign, novate or sub-licence your rights or obligations under this Agreement;
  8. not park any vehicle in or around the Hired Area unless in a space or area designated for parking;
  9. observe all signs located in or around the Hired Area;
  10. not sell or serve alcohol in or around, or allow alcohol to be brought onto, the Hired Area without our permission;
  11. not smoke in the Hired Area, or any building within which the Hired Area is located;
  12. bring onto, or store in or around, the Hired Area any toxic or inflammable substances;
  13. comply with our requirements concerning access, insurance, parking and safety (including emergencies);
  14. observe any direction we give, or any authorised officer of ours gives, you;
  15. not promote yourself as being associated with us, nor promote the Event for which the Hired Area is being used as being associated or conducted by us, unless we first give you permission (although you may, without our permission, advertise the Hired Area as the venue for the Event so long as this is not done in a way that is, or is likely to be, misleading or deceptive);
  16. maintain and cause to be maintained adequate public liability and any third party liability insurance and where requested, provide evidence of that insurance to the Owner;
  17. maintain and cause to be maintained adequate workers compensation insurance in respect of any employees working within the Hired Area and where requested, provide evidence of that insurance to the Owner;
  18. comply with the Conditions of Entry and ensure that all persons using the facility are aware of and comply with the Conditions of Entry;
  19. arrange for and ensure adequate first aid is available for the Event for the duration of the Hire Period; and
  20. ensure, and take reasonable steps to ensure, that your employees, agents and invitees are aware of and observe these obligations.
Indemnity

You indemnify us against any claim, expense, loss or damage we suffer if you, or any employee, agent or invitee of yours, directly or indirectly, and wilfully or negligently;

  1. damages or destroys any property of ours, or of another person located within the Hired Area or any of our buildings at any time you have access to the Hired Area for the purposes of this Agreement;
  2. injures, or causes the death of, any person within the Hired Area or any of our buildings or grounds at any time you have access to the Hired Area for the purposes of this Agreement; or
  3. does not observe an obligation of yours under clause 7.

 

This indemnity is a continuing and independent obligation, survives termination or expiry of this Agreement, and includes any expense we incur on a full indemnity basis.

Termination

We may terminate this Agreement immediately and at any time, without notice to you, if you

  1. do not pay on time any amount due to us under this Agreement;
  2. become bankrupt or insolvent before or during the Hire Period; or
  3. do not observe another obligation under this Agreement when we tell you to do so.

 

If we terminate this Agreement, you cannot hold us liable for, and agree to release us from, any claim, loss or expense you incur as a direct or indirect consequence of our termination.

Security and access

You agree that:

  1. you are responsible for organising and paying for any security measures required for the Event;
  2. unless the Booking Form permits you access at other times, you may only have access to the Hired Area during the Hire Period;
  3. any authorised officer of ours has full and irrevocable authority to remove any person (including you) from, or to prevent them from entering, the Hired Area if, in his or her reasonable opinion:
    – the Hired Area is being used for a purpose other than the Event;
    – you, or an employee, agent or invitee of yours engages in conduct that we, acting reasonably, consider is (or likely to be) a nuisance, or compromise our safety or security procedures;
    –  the capacity specified in the Booking Form (if applicable) is, or appears, to have been, exceeded; or
    – there is any actual or suspected emergency that warrants evacuation of the Hired Area
  4. when vacating the Hired Area all lights, air-conditioning units and appliances must be turned off and the Hired Area properly locked up and secured.
  5. no open flames including candles are permitted within the Hired Area.
Governing law

The laws in force in QUEENSLAND govern the terms of this Agreement. You and we agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State, including any courts of appeal from them.

Schedule 1

Conditions of Entry:

The following conditions of entry apply to Hired Area.

 

General Conditions:

  • Patrons are admitted to the Hired Area at their own risk.
  • Hired Area will not be held responsible for any damages to loss or theft of a patron’s personal property.
  • Smoking on the premises is not permitted.
  • Metal studded boots are not permitted in the Hired Area.

 

Refusal of Entry and removal of patrons

For the comfort, safety and enjoyment of all patrons, AHEPA management reserves the right to refuse entry to any person(s) and/or request any person(s) to immediately leave the premises if that person(s) is deemed to be:

  • intoxicated and/or disorderly
  • carrying items which have the potential to cause injury or public nuisance
  • using inappropriate or abusive language, making racial or threatening remarks or gestures
  • behaving in a way deemed to be detracting from the enjoyment of other patrons

 

Restricted/Prohibited Items

The following restricted/prohibited items are not permitted into the Hired Area:

  • Glass;
  • Alcohol;
  • Flares/Fireworks;
  • Open flames including candles;
  • Laser pointers;
  • Knives or other dangerous weapons; and
  • Any other items that in the opinion of management could cause harm or public nuisance.

 

Patrons failing to comply with these Conditions of Entry or requests from AHEPA staff or their representatives may be ejected from the Centre.

Annexure A - Hired Area