TERMS AND CONDITIONS OF EVENTS HIRE AGREEMENT
Building means the property of which the Premises are a part.
Building / Event Hire Rules means the rules mentioned in Item 9 or any substitute rules that the Owner puts in place for the Building from time to time.
Events Hire Agreement refers to the document agreed and executed by the Owner and the Hirer
Designated Car Spaces are the car spaces described at Item 10.
Further term or terms means the terms described at Item 12.
Item means an item identified in the Events Hire Agreement.
Land means the land on which the Premises are situated.
Owner means Janine Elizabeth O’Donnell, trading as Chrysalis Hill, the person named in Item 1 who has granted the Hirer the right to occupy the Premises under this Event Rental Agreement, and includes the person's heirs, executors, administrators and assigns.
Owner’s Property means all fittings, furniture, appliances, plant, machinery and equipment owned or supplied by the Owner either fixed or movable.
Month shall mean a calendar month.
Outgoings means all stamp duties, taxes and rates and any similar charges levied by a government, a council or an authority in respect of the Events Hire Agreement, or the Land or any part of it, as well as insurance premiums for damage and public risk and any other Outgoings.
Permitted Use means the permitted use specified at Item 11.
Premises means the premises described at Item 3 together with fixed improvement and the Owner’s Property.
Hire Fee means the fee stipulated at Item 5.
Security Deposit means the amount detailed at Item 8.
Hire Period means the period stated in Item 4.
Hirer means the person named in Item 2 who has the right to occupy the Premises pursuant to this Events Hire Agreement, and includes the person's heirs, executors, administrators and assigns.
Hirer’s Proportion means the proportion detailed in the Events Hire Agreement.
B. Where the context permits, words expressed in the singular include the plural and vice versa, and words expressed in the masculine gender include the feminine, and words referring to a person include a company.
C. Where two or more persons are parties hereto either as agent, Guarantor, Owner or Hirer, each of them shall be bound by the conditions of the Agreement, both jointly and individually.
D. By signing this Agreement, the Hirer (for itself, its employees or any person who the Hirer permits to be on the Premises, or for whom the Hirer is legally responsible) agrees that use and occupancy of the Premises will be at the Hirer’s own risk.
The Owner gives the Hirer the right to occupy the Premises described in Item 3, including the Owner’s Property and use of the Designated Car Spaces (if applicable) specified in Item 10.
3. PERMITTED USE OF PREMISES
The Premises shall only be used for the Permitted Use specified in Item 11.
4. SECURITY DEPOSIT OR BANK GUARANTEE
A. This clause 4 applies if a Security Deposit Amount is inserted in Item 8 of the Schedule.
B. The Hirer must give security against breach of this Events Hire Agreement to the Owner on or before the date of signing this agreement by depositing with the Owner the amount set out in Item 8.
C. If the Hirer fails to pay the Hire Fee or any other money payable under the Events Hire Agreement, or if the Owner suffers loss or damage because of any other breach by the Hirer, the Owner may apply the security deposit towards the Hire Fee or any other money due, or towards any loss or damage suffered by the Owner. In doing so, the Owner does not waive the Hirer’s breach and does not waive any other right or remedy arising from the breach.
D. At the end of the Events Hire Agreement, if the Hirer is not indebted to, or otherwise liable to the Owner for breach of the agreement, the Owner will refund the Security Deposit to the Hirer.
5. HIRE FEE
A. The Hirer must pay the Hire Fee specified in Item 5 which is to be paid in the manner specified at Items 6 and 9, even if the Owner has not asked for it, without deducting any amount.
B. The Owner can change the method of payment at any time by notifying the Hirer of the change in writing.
The Term of the Events Hire Agreement is the term stated at Item 4
7. COPY OF AGREEMENT
The Owner agrees to give the Hirer a copy of the Events Hire Agreement duly signed by both parties as soon as practicable.
8. LOCKS AND SECURITY DEVICES
The Owner agrees to provide and maintain locks or other security devices necessary to keep the Premises reasonably secure.
9. TAX INVOICES AND RECEIPTS
The Owner agrees to provide a receipt or tax invoice where applicable for any amount paid to the Owner. Where an amount is not paid in person, the Owner will post a receipt or tax invoice to the Hirer. Any receipt or tax invoice posted to the Hirer shall be deemed as received by the Hirer on posting.
A. The Hirer, if required, agrees to pay to the Owner the Hirers proportion of any Outgoings after notification by the Owner, and to pay the amount within 14 days of production to the Hirer of a copy of the Owner’s assessment notice or account.
B. The Owner may notify the Hirer that it is required to pay the proportion of any particular rate, tax or other outgoing after the Owner has been notified by the relevant body that it is due for payment. The Hirer is to pay its proportion whether or not the rate, tax or outgoing is payable by the Owner immediately or at some time in the future, and whether or not the Owner has paid it.
11. APPROVALS AND USE
The Hirer agrees: -
(a) to comply with and obtain all approvals, licenses and consents required by and from the proper authorities to carry on the proposed business. The Hirer also agrees to bear all costs incurred in obtaining such approvals consistent with the specified use;
(b) not to cause or allow the Premises to be used for any illegal purpose;
(c) not to use the Premises as a place of residence; and
(d) unless otherwise agreed to in writing by the Owner, the Owner is not under any duty or obligation to assist the Hirer in his or her obtaining any approvals, licenses and consents required to carry on the proposed business on the Premises.
12. PROHIBITED USES
The Hirer agrees not to use the Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device or any illegal substance.
13. HIRERS CARE AND USE OF THE PREMISES
The Hirer agrees: -
(a) to keep the Premises reasonably clean;
(b) to notify the Owner as soon as practicable, orally or in writing, of any damage to the Premises or the need for any repairs or maintenance, other than repair or maintenance of a negligible kind;
(c) not to intentionally or negligently cause or permit any damage to the Premises, any part of the Premises or common property;
(d) where the Hirer or any individuals brought to the premises by the Hirer causes damage to the Premises, the Hirer shall notify the Owner, at whose option the Hirer will repair or compensate the Owner for any reasonable expense incurred by the Owner in repairing the damage;
(e) that, when this Agreement expires, the Hirer and all individuals brought to the premises by the Hirer shall leave the Premises in substantially the same state of cleanliness and state of repair (fair wear and tear excepted), as the Premises were in on the date the Hirer took occupancy of the Premises;
(f) not to put anything harmful down any sink, toilet or drain or do anything likely to cause a blockage or damage to the plumbing. The Hirer further agrees to pay the cost of repairs for any damage or blockage caused by the Hirer in this regard;
(g) not to allow trade refuse or garbage to accumulate around the Premises and ensure such refuse is removed from the Premises regularly;
(h) to do nothing that is likely to prejudice, render void or increase premiums payable under any policy of insurance held by the Owner in relation to the Premises;
(i) not to use any product on the Premises that would constitute toxic, harmful, pollutant or dangerous materials under any local, state or federal laws; and
(j) to comply with the Event Rental Rules contained in Item 9. The Owner may institute or change the rules from time to time and the Hirer agrees to be bound by a change when the Hirer receives written notice of it. The Owner must not adopt a rule or change the rules in a way that is inconsistent with the Events Hire Agreement. To the extent that a rule is inconsistent with the Events Hire Agreement, the Events Hire Agreement prevails.
14. RESPONSIBLE FOR THE ACTIONS OF OTHERS
The Hirer agrees to be responsible to the Owner for any act or omission by any employees, agents, or persons the Hirer allows on the Premises, including ensuring that such persons do nothing which would contravene any of the terms and conditions of this Agreement.
Throughout the term of the Events Hire Agreement, the Hirer must: -
(a) obtain and maintain Grade ‘A’ insurance policies required to cover all stock, furnishings and plant and equipment for the full insurable value against all reasonable risks as required by the Hirer. For the avoidance of doubt, the term “Grade ‘A’” insurance shall be any insurance provider agreed to by the Owner.
(b) ensure that all current insurance policies or those required under this agreement have been approved by the Owner and are taken out in the name of the Hirer for their respective rights and interests.
(c) upon request, provide a copy of the policy and provide a certificate of currency for each insurance policy confirming the currency of each such policy to the Owner.
(d) obtain any additional insurance reasonably requested by the Owner from time to time to ensure the Premises and its contents are sufficiently insured or which may be required under then applicable law.
16. ALTERATIONS AND ADDITIONS
The Hirer agrees: -
(a) not to attach any fixture or renovate, make alterations or additions to the Premises (or the property, as the case may be) without the Owner's prior written permission;
(b) not to erect, paint, write or attach any sign upon any part of the Premises (or the property, as the case may be) without first having written approval from the Owner and where necessary, the relevant authorities;
(c) not to remove, without the Owner's prior written permission, any fixture attached by the Hirer if its removal would cause damage to the Premises or common property;
(d) to notify the Owner of any damage caused by removing any fixture attached by the Hirer; and
(e) at the option of the Owner, have the damage repaired or compensate the Owner for the reasonable cost of repairing the damage.
17. INDEMNITY AND RELEASE
The Hirer agrees to indemnify and release the Owner against all claims, demands, losses, damages and expenses including legal actions the Owner may sustain or become liable for during or after this Agreement arising from: -
(a) neglect or default by the Hirer or Hirer’s employees or any person who the Hirer permits to be on the Premises or for whom the Hirer is legally responsible;
(b) the Hirer’s failure to give notice of service defects;
(c) damage to person or property caused or contributed to by the Hirer, or Hirer’s employees, or any person who the Hirer permits to be on the Premises or for whom the Hirer is legally responsible; or
(d) any liability the Owner incurs resulting from anything the Hirer is permitted or required to do under this Agreement, unless the claim results from the gross negligence of the Owner or its employees or contractors.
18. OWNER’S ACCESS
Both parties agree, unless an emergency situation dictates otherwise in which case the Owner shall have immediate access right, the Hirer shall allow the Owner unfettered access to the Premises at all reasonable times on reasonable notice to the Hirer: -
(a) to inspect and view the state of repair of the Premises and to carry out necessary repairs.
(b) for any other reasonable purpose, the Owner deems fit and proper.
19. UNEXPECTED EVENTS
A. Where the Premises becomes wholly or partially unfit for the Hirer to occupy due to damage or destruction, not caused by the Hirer or the individuals brought to the premises by the Hirer: -
(a) the Owner will adjust the Hire Fee and other amounts payable by the Hirer in accordance with the degree of damage or destruction until the Premises are restored and made fit for the Hirer to occupy, or
(b) where the damage or destruction is a continuing event without likelihood of repair, either party may term
B. Should the damage or destruction have been caused or contributed to by the Hirer, or its employees, or any person who the Hirer permits to be on the Premises, or for whom the Hirer is legally responsible, or should the Hirer or Hirer’s employees’ actions result in any insurer refusing to indemnify for such damage or destruction, this clause will no longer apply, insofar as they relate to the Hirer.
All amounts payable by the Hirer to the Owner, including Rent and Outgoings, will be exclusive of GST (where applicable).
The Hirer and Owner each shall comply with all by laws, statutory regulations, statutes and other public requirements now or hereafter affecting the Premises.
The parties hereby acknowledge that any rules relating to the law of contract about mitigation of loss or damage on breach of a contract, apply to a breach of a hire agreement.
23. DISPUTE RESOLUTION
All disputes from the implementation of the Events Hire Agreement or related to this agreement shall, in the first instance, be resolved through friendly consultation between both parties. If negotiation fails to settle the dispute, either party has the right to make an arbitration application to the Australian Commercial Disputes Centre. The arbitration shall be the final verdict and have binding force on both parties.
A. The Owner shall have the right to re-enter the Premises peacefully or to continue the Events Hire Agreement as a periodic agreement from week to week: -
(a) where the Hirer or any other relevant person has seriously or persistently breached any of the conditions of this agreement;
(b) upon the Hirer becoming bankrupt or insolvent according to the law or making any assignment for the benefit of creditors.
B. Any action by the Owner or the Hirer in accordance with this clause shall not affect any claim for damages in respect to a breach of a condition of the Events Hire Agreement.
C. Upon termination of the Events Hire Agreement for any cause, the Hirer shall vacate the Premises: -
(a) in substantially the same state of repair and cleanliness, removing all the Hirer’s belongings and any other goods brought onto the Premises during the term of this agreement.
(b) in substantially the same condition as the Premises were in at the commencement of this agreement, fair wear and tear excepted.
(c) to deliver vacant possession of the Premises in a peaceful and prompt manner, by securely locking the Premises and handing over all keys to the Owner, including any copies of keys the Hirer made during the period the Hirer occupied the Premises.
A. Any notice required by this agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognised overnight delivery services at addresses specified in the Events Hire Agreement at item 1 for the Owner or item 2 for the Hirer.
B. The Hirer and Owner may agree to give notice to each other by means of email correspondence, provided that, unless otherwise notified in writing, any such email shall be sent to the email address of the relevant party first set out above.
26. RULES AND REGULATIONS
A. Except as approved in writing by the Owner, no signage or advertisements may be affixed or painted on any part of the interior or exterior Building.
B. The obstruction of passageways, staircases, fire escapes or the entrance of the Premises is strictly prohibited. The Hirer shall not use them for any other purpose than entering or exiting the Building.
C. The Hirer will not cause or permit the Premises to be used in such a manner as to cause a nuisance or interference with the reasonable peace, comfort and privacy of others.
D. The Hirer will not breach the terms and conditions of any policy of insurance relating to the Building and its contents.
E. The Hirer will not conflict with the regulations of any public authority.
F. In the event of any emergency or other eventuality whereby the toilets or washrooms on any floor are not available for use, the Owner may temporarily withdraw the right of exclusive use of all or any of the toilets or washroom areas and services not affected to ensure availability of these facilities to all occupants of the Building and no rental adjustment will be made during such temporary arrangements.
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