Meeting Room Conditions of Use
Booking Hire Terms & Conditions
The following Terms and Conditions are to be read in conjunction with the Expression of Interest and Booking Confirmation documentation supplied by the Casey City Council.The Terms and Conditions outlined apply to the use of all Community Meeting Rooms within the Bunjil Place Arts and Cultural Precinct which is care of Casey City Council.
Please read all sections carefully.
Clause 1 – Definitions
- City refers to Casey City Council
- Bunjil Place refers to Bunjil Place is a business unit of Casey City Council
- Hirer refers to The person named in the Schedule of Booking Details
- Application for Use Agreement refers to Documents to be reviewed and agreed upon; Terms and Conditions, Letter of Agreement, Deposit Invoice
- Authorised Officer refers to Relevant or delegated staff member named in your agreement or booking.
- Precinct refers to Bunjil Place Precinct include the Gallery, Function Centre, Studio, Theatre, Plaza, Foyer and meeting rooms.
- GST refers to Goods and Services Tax pursuant to A New Tax System (Goods and Services Tax) Act 1999 as amended and any other regulations, acts or rulings associated with this Act.
- Total Costs refers to All charges, costs and any amount payable to the City in connection with this agreement, including staffing costs.
- Schedule of Booking Details refers to The schedule of booking details attached to the letter in which the City offers the booking to the Hirer
- Schedule of Fees refers to The schedule of fees attached to the letter in which the City offers the booking to the Hirer
- Invitees refers to Hirer Personnel, Cast, Crew and Patrons
- Hirer Personnel refers to All employees, officers and contractors (including arm’s length businesses) of the Hirer, and all of their employee, officers and contractors
- Cast and Crew refers to Any persons engaged or permitted by the Hirer to be involved in the presentation of any performance, music, art or the conduct of any other activity in the Precinct, and any employees, officers and contractors (including arm’s length businesses) of any of them
- Patrons refers to Any audience, attendees, guests or other persons attending the Precinct in connection with the Hirer’s activities, excluding the City’s own personnel, Hirer Personnel and Cast and Crew
- Children refers to Persons under the age of 18 years
- Child Safe Standards refers to The standards made under section 17(1) of the Child Wellbeing and Safety Act 2005
Clause 2 – Confirmation of Bookings
A booking shall only be considered confirmed upon receipt of the Application for Use Agreement and paid deposit in full. You will be informed of a completed booking by the Authorised Officer as per agreement.
Clause 3 – Limit of Hiring
The Hirer shall only be entitled to the use of the particular part or parts of the precinct stipulated in the Schedule of Booking Details, and shall vacate the Precinct punctually at the
time specified in the Schedule of Booking Details. The Authorised Officer as per agreement reserves the right to lease or utilise any other portion of the precinct for any other purpose at the same time. Hirers of the Training and Meeting Rooms and Library Meeting Rooms must note that hire of these venues does not provide unencumbered access to foyer, plaza,
gallery or other areas attached to these spaces.
Clause 4 – Sub-Letting and purpose
No portion of the Precinct used shall be sub-let or any booking transferred or assigned without the written consent of the Authorised Officer as per agreement. The Hirer must ensure that it and its Invitees use the Precinct only as reasonably necessary for the purpose specified in the Application for Use Agreement, and that no person whose attendance is not
reasonably associated with that purpose enters the Precinct under the authority of the Hirer.
Clause 5 – Refusal to Hire
It shall be at the discretion of the Authorised Officer as per agreement to refuse use of the Precinct in any case. This may occur after the Authorised Officer as per agreement may
have agreed to the use of the Precinct, or the conditions may have been accepted and any deposit paid. The Authorised Officer as per agreement shall have full power, to cancel such uses and direct the return of any fees and deposit paid.
The Hirer hereby agrees to accept the same and to be held to have consented to such cancellation and to have no claim at law or in equity for any loss or damage in consequence
Clause 6 – Cancellation of Booking Dates
(a) In the event of cancellation by the Hirer for any reason, notice of such cancellation must be received in writing to the Authorised Officer as per agreement at least 72 hours prior
to the event for any fees to be reduced or waived. If notice is received by that date then the fees and charges payable under this agreement will be reduced to the amount necessary to cover the reasonable costs incurred by the City in connection with the booking.
(b) Cancellation of a booking less than 72 hours in advance will forfeit the deposit and will result in full payment by the Hirer of all fees and charges, unless determined otherwise by the Authorised Officer as per agreement in its absolute discretion.
(c) Cancellation less than 72 hours in advance due to inclement weather conditions, industrial disputes, or events beyond the control of the Hirer will result in full payment by the Hirer of all fees and charges, unless determined otherwise by the Authorised Officer as per agreement in its absolute discretion.
Clause 7 – Promotional Material
If the Hirer intends to promote their booking at the Precinct, which is open to the public, all material and content needs to be suitable for all ages and general public. The Authorised Officer as per agreement reserves the right to review, approve and if necessary request the removal or amendment of any material or content to be more appropriate, inclusive and/or accessible. Overtly offensive, inappropriate or libelous material and content shall not be used.
The responsibility for marketing and promotion of any program rests with the hirer.
The Bunjil Place logo exists together with the City of Casey logo and may not be used without the expressed permission of the Bunjil Place Team Leader Marketing or the City of
Casey Manager Communications.
Bunjil Place must always be referred to in full in all marketing and promotional material, not as 'Bunjil' or 'BP'.
Bunjil Place naming conventions must be adhered to in all marketing material;
- Bunjil Place Library Meeting Room 1, 2, 1 & 2, 3, 4, 3 & 4, 5 or 6
- Bunjil Place Boon Wurrung and Wurundjeri Meeting Rooms
- Bunjil Place Library
- The Café at Bunjil Place
Clause 8 – Time Limitation
Bunjil Place Precinct will impose finish times for events at the Boon Wurrung and Wurundjeri Meeting Rooms as mutually agreed with the Hirer. Library Meeting Rooms are available to hire as follows:
- Monday – Friday 9.00am – 8.45pm
- Saturday and Sunday 10.00am – 4.45pm
- Closed all Public Holidays
Clause 9 – Program Notes
All programs and publicity material produced for events at Bunjil Place must clearly acknowledge the Precinct and its location. The use of the Bunjil Place or City of Casey logo and other marketing paraphernalia are not to be reproduced without permission in writing from the Authorised Officer as per agreement. Community events are required to recognise the Casey City Council as a supporter of the event.
Clause 10 – Insurance
For all use of the Precinct the following shall apply:
(a) The hirer shall not do, neglect to do, or permit to be done, or left undone, anything which will affect the City’s insurance policy or policies relative to building damage, fire or loss, and public risk in relation to the building and its contents. The client agrees to indemnify the City to the extent that such policies are affected through any such act, commission or omission; as per Clause 42.
Clause 11 – Fees
The Hirer must pay the City the fees specified in the Schedule of Fees, at the times set out in that Hire agreement. Except where expressly stated otherwise, the Hirer must also pay (in addition to those fees) any amount of GST which the City will become liable for in connection with this agreement. The City must provide a tax invoice in respect of any such payments of GST.
Clause 12 – Method of Payment
All fees, deposits and other charges, shall be paid through approved Casey City Council payment channels.
Clause 13 – Decorations and Fittings
No property, electrical installation, appliance, flown/rigging elements or decorative materials or articles of any kind shall be brought into the Precinct without the consent of the Authorised Officer as per agreement.
All equipment required to do so must display a current test tag and will be visually inspected for safety.
The Authorised Officer as per agreement reserves the right to direct the immediate removal from the premises of any items deemed unfit for use at the hirer’s expense.
Clause 14 – Use of Equipment
Only persons approved by the Authorised Officer as per agreement shall be permitted to operate Precinct equipment. This includes all audio visual and screens inside the meeting
Clause 15 – Cameras
The Hirer may not use or permit to be used any still cameras, video cameras or electronic image and/or audio capturing devices within the Precinct, without consent of the Authorised Officer as per agreement. The Hirer must obtain all permits required by law for any use of such devices or broadcasting or transmitting that the Authorised Officer as per agreement
does consent to.
Clause 16 – Damage and Theft
Across the Precinct no flooring, (including stage areas), walls, audio and visual equipment or any permanent or temporary fixtures, including but not limited to, curtains, fitting, furniture, infrastructure and landscaping shall be broken, pierced by nails or screws or any such matter, or in any other way altered unless prior consent is given.
Where fixing is requested/required, alternate methods will be used in first instances.
Notices, signs, advertisements, scenery, fittings or decorations of any kind must not be erected in the Precinct or affixed to the walls, doors or any other part of the Precinct, curtains, fittings, furniture, mechanical, electrical and other equipment, without prior consent of the Authorised Officer as per agreement.
The Hirer shall be responsible for covering the costs of any damage caused by the Hirer to the Precinct.
If the Hirer neglects or refuses to cover costs for any damage for which they are held responsible, the City will recover the costs of these damages from the Hirer. The Hirer shall pay the City upon demand, all sums of money reasonably incurred by the City in so doing.
Neither the City nor its staff shall be liable for any loss or damage sustained by the Hirer or any persons, firms or corporations entrusting to or supplying any article or thing to the Hirer by reason of such articles or thing being lost, damaged or stolen. The Hirer hereby indemnifies the City against any claim by any such person, firm or corporation in respect of
such article or thing.
Clause 17 – Animals
No animals shall be allowed in the Precinct unless approval in writing is given by the Authorised Officer as per agreement. Service animals such as Guide Dogs are allowed access as per legislation.
Clause 18 – Occupational Health and Safety
An Authorised Officer may give the Hirer and its Invitees other directions related to safety matters in its absolute discretion at any time, and the Hirer must obey and use reasonable
endeavors to ensure that its Invitees obey all such directions.
Clause 19 – Catering
All catering requirements for functions and events within the precinct are required to be arranged through the City of Casey Function and Events Services department. The City of Casey does not permit any hirer to provide, as part of a function or event, outsourced catering or Bring Your Own for food or beverages within its facilities.
All alcoholic beverages are strictly supplied by the Bunjil Place Functions and Events department.
Clause 20 – Supply of Alcohol
On all occasions where alcohol is required within the precinct redline area it is to be supplied by Bunjil Place Event and Function Services, served by designated RSA trained Casey City Council employees and consumed on the premises.
No alcohol is permitted to be brought into, or taken from, the Precinct by the Hirer or the patrons of any function or event.
Events requiring service of alcohol outside the current red line will require a temporary license application to be submitted and reviewed on a case by case basis.
Clause 21 – Compliance with Legislation
All statutory rules, provisions and regulations of the Federal and State Government and regulations thereunder for the time being in force, shall be complied with by the Hirer.
The Hirer shall comply with all directions given by any competent authority including the Chief Officer of the Fire Brigade and any person holding a like appointment, and shall comply
with all rules, regulations and directions with regard to fire precautions.
Clause 22 – Obstructions and other safety matters
The Hirer shall comply in every respect with the regulations relating to public buildings and overcrowding and obstruction to passages, corridors or any other part of the Precinct, and with the Precinct’s occupancy permit and any other occupancy permit (such as a Place of Public Entertainment permit) obtained in connection with the booking. Any persons causing an offence against such regulations may be removed from the Precinct and any article causing such an obstruction may also be removed.
Clause 23 – Disorderly Behaviour
No obscene or insulting language, or disorderly behaviour or damage to property, shall be permitted in any part of the Precinct. The City reserves the right, through the Authorised Officer as per agreement, to refuse admission to any person or to remove from the Precinct, any person doing such things as are prohibited by this clause. Footwear shall be worn at all times unless required by a performance, and the City may determine other standards of dress and behavior, and the Hirer must ensure that its Invitees comply with them.
Clause 24 – Smoking
Bunjil Place is smoke free. Smoking (including e-cigarettes) is not permitted on the site bounded by Patrick Northeast Drive, Magid Drive and Overland Drive. This encapsulates the Bunjil Place building, the surrounding area (community plaza) and the broader Bunjil Place precinct (including Casey ARC)
Clause 25 - Gambling
No game of chance or wagering or any game of skill involving a valuable reward or any other operation that does not comply with the laws for the time being in force, shall take place in any portion of the Precinct. No raffle shall be conducted in the Precinct without the permission of the Authorised Officer as per agreement.
Clause 26 – Spruiking
Unauthorised spruiking or calling out loud in relation to any event shall not be permitted inside or outside the precinct.
Clause 27 – Lost Property
Employees of the City shall be the only persons authorised to enter, examine and search the Precinct, or any section or part thereof, for lost property left in the Precinct by clients or audience. All articles found in the Precinct shall be delivered to the Authorised Officer as per agreement for registration and retention, until properly claimed by the owner. After a period of three months all lost property will be donated to charity. Clause 19 will prevail over this clause in respect of property which the City reasonably believes to be the Hirer’s, Hirer Personnel’s or any Cast and Crew’s and not any Patron’s.
Clause 28 – Cleanliness
The bringing into the Precinct or use therein of confetti, streamers, fireworks, explosive devices or any other articles approved by the Authorised Officer as per agreement will incur
additional cleaning fees and any permit and administration fees. Should any of these items be found to be bought into the precinct without prior approval further fees will be incurred as per Clause 23. Straw and hay will not be permitted into the venue.
Clause 29 – Breaches and Disputes
Any person committing a breach of one or more of these conditions may be removed from the Precinct although they may have paid for admission. In the event of any dispute or
difference arising as to the interpretation of these conditions or of any matter or thing contained therein, the decision of the Authorised Officer as per agreement thereon shall be
final and conclusive.
Clause 30 – Liability and Indemnity
The Hirer agrees to indemnify and to keep indemnified and to hold harmless the City, its servants and agents and each of them from and against all actions, costs, claims, charges, expenses and damage whatsoever which may be suffered, incurred, brought or made by or against the City or the Hirer or both in connection with this agreement or the use of the
Precinct by the Hirer. This indemnity does not apply to the extent that such actions, costs, claims, charges, expenses or damage are caused by the breach of contract or tortious
negligence of the City, and the City must take reasonable steps to reduce any amount which it is entitled to claim under an indemnity in this agreement.
To the extent permitted by law, the City’s maximum aggregate liability for all claims by the Hirer under or in connection with this agreement or the Hirer’s use of the Precinct is limited to:
(a) the amount of fees and charges actually paid by the Hirer to the City under this agreement, net of all reasonable costs incurred by the City in connection with this agreement; or
(b) if that is not permissible by law but the following is, supplying the City’s services under this agreement again or (at the City’s election) the cost of having those services supplied again.
Clause 31 – Control of Centre and interference with other users
The general administration and control of the Precinct and all rooms accessory thereto, shall be vested in the City, who shall exercise absolute discretionary powers for the hiring, good order and control of such premises. The Hirer must, and must ensure that its Invitees do, not interfere with any other users or guests of the Precinct.
Clause 32 – Use Subject to Conditions
Use of any kind of the Precinct, shall be subject to these conditions and the Hirer shall be deemed to be aware of all such conditions upon completion of the Application and Agreement of Use.
Clause 33 – Child Safe Standards
The Contractor must, in respect of services involving Children provided under this Contract:
(a) comply with the Child Safe Standards with respect to any act done, or practice engaged in, by the Contractor, its employees and agents; and
(b) immediately notify the Supervisor where it becomes aware of a breach of sub-clause
(a) by the Contractor, its employees or agents.
If during the Contract term, the Council gives notice to the Contractor that it proposes to audit, either directly or through its auditors, the Contractor’s Child Safe Standards practices, the Contractor must provide all reasonable assistance to the party conducting such an audit.
Clause 34 – Privacy