Please review the following terms and conditions (including Special Terms and Conditions Relating to COVID-19) concerning your hire and use of a NNFH venue.
A. SPECIAL TERMS AND CONDITIONS RELATING TO COVID-19
NNFH considers the health and safety of its artists, staff, hirers and their guest our highest priority. In response to COVID-19, the Hirer must (and must ensure its agents and invitees (“participants”)):
1. GRANT OF LICENCE TO USE VENUE
a. In consideration of the Hirer paying the Hire Fee, NNFH hereby grants the Hirer a non-exclusive licence to occupy and use our equipment on the Hire Date and for the Hire Time set out in the Schedule.
b. The rights granted to the Hirer are in the nature of a non-exclusive licence only and nothing in this Agreement grants the Hirer any right of tenancy or exclusive possession of the Venue or the Building.
2. PAYMENT OF HIRE FEE, HOURLY RATE, COSTS AND CANCELLATION
a. The Hirer must pay the Hire Fee as per terms instructed on the invoice provided.
b. NNFH will not be obliged to licence the Venue to the Hirer and may licence the use of the Venue to another party if the entire Hire Fee is not paid in accordance with sub-clause 2 (a).
c. If the Hirer has not paid the balance of the Hire Fee up to 48 hours prior to the Hire Date then the Hirer is deemed to have cancelled its booking.
d. The Hirer must notify NNFH if it wishes to cancel its booking and if the cancellation is:
i. up to 48 hours prior to the Hire Date then half the Hire Fee is forfeited to NNFH and the balance of the Hire Fee paid by the Hirer will be refunded to the Hirer; or
ii. within 48 hours prior to the Hire Date then the entire Hire Fee is forfeited to NNFH.
e. If the Hirer occupies the Venue prior to or after the Hire Time then NNFH shall be entitled to charge the Hirer, and the Hirer will be liable to pay NNFH, the Hourly Rate Fee set out in the Booking and pro rated for any part of an hour that the Hirer may so occupy the Venue.
f. In addition to payment of the Hire Fee and the Hourly Rate Fee (if applicable), and any other rights that NNFH may have arising from this Agreement, the Hirer must pay to NNFH all costs for any damage to the Venue or the Building or the equipment and facilities located therein, any cleaning and reconfiguration of security devices required because of the use of the Venue by the Hire.
3. OBLIGATIONS OF THE HIRER
a. must only use the Venue for the Purpose and during the Hire Time set out in the Schedule and not sub-lease, sub-licence or otherwise permit any other party to use the Venue other than the Hirer’s agents, employees and invitees;
b. must not sell goods or services, carry on any activity at the Venue which is dangerous, noxious, offensive, illegal, noisy or objectionable, use the Venue as a place of public entertainment or have any live music at the Venue without prior consent;
c. must ensure that neither the Hirer, its agents nor its invitees interfere with the use of the Building by any other person and do not enter any parts of the Building except the Venue, bathroom/kitchen facilities and those areas reasonably required to access the Venue and enter and exit the Building;
d. must clean the Venue, remove all rubbish from the Venue and the Building attributable to the Hirer’s use and return the Venue to its condition prior to its use by the Hirer;
e. must not use, modify or take any equipment belonging to other Hirers that may be stored or placed within the Venue or the Building without first obtaining the consent of NNFH;
f. must not bring into the Building or the Venue any heavy equipment or machinery nor attach or affix any nails, screws, adhesive tape, signs or anything to the walls, doors, ceilings and floors of the Venue and the Building without obtaining the written consent of NNFH and, if such consent is given with any conditions, then the Hirer must comply with those conditions;
g. must not park any vehicles within or upon any entrance to the Building nor block any doors or entrances/exits to the Venue and the Building;
h. must remove all equipment brought by the Hirer into the Venue, make good any damage to the Venue or the Building caused by the removal, ensure that the Venue and the Building are secure upon the Hirer’s departure;
i. must not interfere with, affix or alter any emergency exit signs, fire doors, emergency exits, fire extinguishers, fire sprinkler systems, lighting, electrical and utilities cables and conduits, sound systems or any equipment or materials located throughout the Venue or the Building;
j. is responsible for the conduct and behaviour of all employees, agents and invitees of the Hirer and the loss of any of their property, personal items or equipment;
k. pending the nature of the venue, and at NNFH ‘s discretion, the Hirer must either engage or be charged for the engagement of a qualified Security Guard if the anticipated crowd for an event exceeds 200 people. The Security Guard must be engaged for the entire period of the event and take direction from NNFH Management throughout the event. The Security Guard must arrive 30 minutes before the commencement of the event and report to Management with proof of qualification;
l. acknowledges that it must respect the quiet enjoyment of the neighbourhood within which the Building is located and local residents and the quiet enjoyment of the Building that other Hirer’s may enjoy and ensure that all persons leaving the Venue do so in an orderly and quiet fashion;
m. in consideration of local residents and the invitees of the Hirer, must keep amplified noise to an acceptable and appropriate level and, in any event, at a level no greater than 5 decibels from outside the Building or such other level as NNFH or any Authority may prescribe from time to time;
n. must deal with any noise complaint by a neighbour of the Building in a proper and professional manner and adhere to any direction that may be given by any Authority or NNFH before, during or at the conclusion of the Hirer’s use of the Venue;
o. must maintain a policy of public liability insurance for its use of the Venue with coverage of $20 million per event and supply NNFH with a copy if requested either before or after the Hire Date; and
p. must comply with any general Venue use information or reasonable direction provided by NNFH to the Hirer at any time.
4. BOND
a. As security for performance of the Hirer’s obligations under this agreement, NNFH can require the Hirer to deposit a bond for the amount set out as a Bond in the Booking.
b. NNFH can deduct from the Bond all monies required to rectify any breach of this Agreement by the Hirer including but not limited to any of the costs referred to in clause 2(e) of this Agreement.
c. After deduction of all costs NNFH is entitled to deduct from the Bond, the balance (if any) will be refunded to the bank account nominated by the Hirer in the Schedule as soon as practicable following the Hirer’s use of the Venue.
5. INDEMNITY BY HIRER
a. The Hirer indemnifies NNFH for any injury, costs, loss or damage arising out of the use of the Venue and/or the conduct of the Hirer, its employees, agents and invitees (including legal costs in a solicitor/client basis, damage to the Venue, the Building or the facilities located within the Building and injury, costs, loss or damage arising from failure by the Hirer to comply (or ensure compliance with) the Special Terms and Conditions relating to COVID-19 in Clause A) except where such injury, costs, loss or damage arises by the negligence of NNFH.
6. PROVISION OF SERVICES
a. The Hirer is responsible for providing all production, catering, security and cleaning services required in connection with its use of the Venue.
7. RISK OF HIRER AND LIABILITY OF NNFH
a. The Hirer occupies the Venue entirely at its own risk.
b. NNFH shall not be liable to the Hirer or its employees, agents or invitees for any loss of life, personal injury or damage to or loss of property which may be suffered or incurred arising out of the use of the Venue by the Hirer or the conduct of the function for which the Venue is hired, unless caused by reason of an act or omission of NNFH.
c. In no event shall NNFH be liable for loss of profit or consequential damages in contract, warranty or otherwise to the Hirer arising from cancellation of the booking or otherwise.
8. TERMINATION
a. NNFH may terminate this Agreement immediately upon giving notice to the Hirer and/or cause the use of the Venue by the Hirer to immediately cease if:
i. the Hirer breaches any provision of clauses 2, 3 or 4 of this Agreement which are fundamental terms of this Agreement;
ii. the Hirer substantially alters the use for which the Venue is hired without the prior written consent of NNFH;
iii. NNFH becomes aware of conditions under which the Hirer’s use of the Venue could jeopardise public safety or order or involve an unacceptable risk of personal injury or damage to the Venue, the Building or the neighbouring surrounds; or
iv. the Hirer or anyone associated with the Hirer makes, in the opinion of NNFH, disparaging or defamatory remarks whether written or oral in regard to NNFH, any member of the Management or Board of NNFH, the Building, or the Venue.
v. and the Hirer must comply with all directives given by NNFH and/or any Authority arising from the above circumstances.
9. FORCE MAJEURE
a. Performance of this Agreement is contingent upon the ability of NNFH to complete same and NNFH will not be liable to the Hirer for any failure to provide the Venue or utility services to the Venue due to causes which are beyond the reasonable control of NNFH.
10. NO WARRANTY FROM NNFH
a. NNFH gives no warranty that the Venue will be suitable for the use for which the Venue is intended to be hired by the Hirer and NNFH will not be liable to the Hirer for any loss suffered by the Hirer as a consequence of the Venue proving not to be adequate for the Hirer’s use and purposes.
11. LAW
a. This Agreement is governed by the laws of the State of New South Wales.
b. The persons signing this Agreement warrant they are authorised to legally bind the respective parties on whose behalf they have signed this Agreement.
