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Conditions of hire - Lynbrook Community Centre

Hiring the room

At least four weeks before the hire commencement date, hirers must:

  • Complete and return the Facility Booking Form to Lynbrook Community Centre under the How to Lodge section of the Facility Booking Form;
  • Upon confirmation of the booking availability, pay Council the applicable fee and bond as detailed in Sections 3 and 4 of these Conditions of Hire.

Upon receiving payment Council will confirm the booking with the hirer via email. No reservations will be made without receipt of the Facility Booking Form.

Hiring of facilities

As a Council managed facility, we are obligated to provide programs that meet the needs of the local community and are inclusive. Council may need to increase if demand is identified, resulting in the need to increase Council’s capacity to deliver services, Council may need to alter existing hire agreements with community users. Additionally, hirers may need to be relocated in the event of building upgrades and/or maintenance.

If this happens, Council will provide the hirer with as much notice as possible, in writing, to vacate the space and will endeavour to find a suitable alternative space at another Council facility.

Council may require the use of the facility for festivals and events that provide appeal to the broader community and on occasions may need to cancel some regular bookings. In this instance, a minimum of four weeks’ notice will be given, and every effort will be made to provide another space to the user.

Fees and charges

The hirer must comply with the following conditions regarding the charges associated with the hire of a facility:

Casual hire

Casual bookings must be paid in full by no later than four weeks before the booking date. Bookings made within four weeks of the event date must be paid in full at the time of booking.

Bookings made before four weeks will be confirmed upon receipt of a signed Facility Booking Form and payment of a non-refundable deposit of 25% of the full facility hire.

It is the responsibility of the hirer to pay any outstanding balance the due date. If not paid, the booking may be cancelled.

Regular hire

Regular hirers will be invoiced at the end of each month via email to the account’s contact provided in the Facility Booking Form. The full balance must be paid within 30 days of the issue date as outlined on the invoice.

The hiring fee includes GST and expenses associated with operating the facility during standard business hours, such as cleaning and utility costs.

Due to closure on public holidays, additional fees may be applicable.

Council’s fees are subject to change and are reviewed annually as of 1 July each financial year. Where possible, Council will provide the hirer notice of increases to charges.

Bond

Council retains the right to request from the hirer any further monies to be held as a security deposit by Council at any time up until the commencement date. If Council requires additional funds, the hirer must pay such additional monies within seven days of the request.

In the event of damage to the facility, equipment and surrounds, or improper use, council reserve the right to deduct from the security bond as per quotation or amounts outlined in Lynbrook Community Centre’s Schedule of Fees.

Casual bond

Bonds are due the week of the function and can be paid in person at Lynbrook Community Centre, 2 Harris Street Lynbrook or via phone on 9792 7370.

Bonds paid via cash will be available for collection on the next business day upon successful inspection from staff and the return of any keys. For electronic payments, the bond will be returned via direct deposit, within a 2 to 4 week period.

Regular hire

On confirmation of the proposed regular hire, a bond invoice will be issued and due for payment before the agreed commencement date.

Bonds will be held for the duration of the hire period and refunded after the final agreed hire and when all keys have been returned.

Outstanding fees and charges

Council may terminate the hire at any time during the agreed period of hire if the hirer has an outstanding balance exceeding 60 days.

Key allocation

For hire outside of business hours, a set of keys will be allocated as part of the Facility Booking upon receipt of the Bond.

Keys are to be collected and signed for from Lynbrook Community Centre by the contact person listed on the Facility Booking Form.

Casual keys

Keys can be collected one business day before the booking date at the scheduled induction with a staff member. The key must then be returned the following day.

Regular keys

One swipe and key will be allocated to the account contact as specified in the Facility Booking Form.

In the event the contact person changes or booking is cancelled the original key holder must return all keys to Lynbrook Community Centre within five business days.

Additional keys can be issued to a secondary account contact which will incur an additional Bond fee.

Request to change hire

Amendments to the agreed hire will be accepted where possible. Hirers must submit the proposed change of date and hours in writing to Lynbrook Community Centre at least 14 days before the confirmed booking date.

The Council must then notify the hirer through a written confirmation that the variation of hire is accepted.

Cancellation

Cancellations of upcoming bookings must be advised in writing by the account contact to Lynbrook Community Centre as per the following conditions;

Casual cancellation

In the event of cancellation up to 5 weeks before the booking, the 25% non-refundable deposit will be held to cover administrative costs associated with the booking.

For cancellations up to 4 weeks before the booking date, a 50% cancellation fee of the facility hire will apply. The remaining 50% and any additional monies paid for extra services such as public liability and hall keepers will be refunded via direct deposit, within a 2 to 4 week period.

Regular cancellation

A minimum of 7 days is required to cancel both individual dates and the entire booking. Any bookings that fall within the seven days will be charged as normal.

The hirer must pay the Council any outstanding fees and charges and return all keys to the facility within five working days (excluding public holidays) after the expiry date or cancellation of hire. Failure to do so may result in additional fees charged.

Termination of hire

Council may terminate the hiring of the room by the hirer at any time if the hirer:

  • has not paid the hiring fee or the bond as specified in the terms and conditions of this document;
  • has not paid the hiring fee in the manner specified in the booking form; or
  • breaches any of the hirer’s obligations specified in the terms and conditions of this document.
  • Council may forfeit any monies including the bond, the booking fee and the hiring fee, paid to Council by the hirer.

Hire termination process:

  • One verbal warning and one written warning may result in termination of hire;
  • Termination of hire from one City of Casey facility extends to all City of Casey Facilities; and
  • Immediate cancellation of hire with no warning will result from any action by the hirer or visitors connected with that hirer, which poses an immediate danger to others or significant damage to the building.

Public liability insurance

The hirer shall, at all times during the agreed term, be the holder of a current public liability policy of insurance in respect of the activities specified herein in the name of the hirer providing coverage for a minimum sum of $10M (or more). The public liability policy shall be affected with an insurer approved by Council.

The public liability policy shall cover such risks and be subject only to such conditions and exclusions as are approved by Council and shall extend to cover Council in respect to claims for personal injury or property damage arising out of the negligence of the hirer.

Community/ not for profit groups without public liability insurance may be eligible to purchase public liability insurance with their booking. This is charged per occasion of hire. Please refer to the Centre’s fees and charges list for the amount.

Indemnity is not provided to any other services i.e. performers/ contractors that may be involved in the hire activity (e.g. a children’s entertainer or caterer). Hirers should ensure these other parties have in place their own Public Liability Insurance. Proof of current Public Liability Insurance must be provided prior to commencement of hire.

Release and indemnity

The hirer agrees to indemnify and to keep indemnified, Council, its servants and agents, and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them, in connection with the Hirers performance or purported performance of its obligations under this agreement/ permit and be directly related to the negligent acts, errors or omission of the hirer.

The Hirers’ liability to indemnify Council shall be reduced proportionally to the extent that any act or omission of Council, its servants or agents, contributed to the loss or liability.

Liability of person signing application form

Where a person signs the booking form on behalf of the hirer, which is an incorporated body (such as a company or incorporated association) the person signing the application form:

  • Warrants that he or she is authorised to sign the application form on behalf of the hirer; and
  • Guarantees that the hirer will strictly observe and perform its’ obligations in these conditions; and
  • Will pay to Council on demand any money for any loss suffered by council due to a breach of these conditions by the hirer.

Change of details

The hirer must ensure that Council is notified in writing as soon as possible of any changes to the details contained in the Application for Hire.

If there is a change in contact person as specified on the Facility Booking form a new Facility Booking form must be submitted.

Victorian Child Safe Standards

Council has zero tolerance of child abuse and is committed to creating and maintaining a child safe and child friendly city where all children are valued and protected from abuse.

The City of Casey is committed to creating and maintaining a child safe organisation where protecting children from abuse is embedded in the everyday thinking and practice of Council, all employees, contractors and volunteers.

All organisations in Victoria that provide services or facilities for children are required to comply with Child Safe Standards, to ensure that the safety of children is promoted, child abuse is prevented, and allegations of child abuse are properly responded to.

As a condition of this agreement the hirer must ensure that it complies with the requirements as set within the Child Wellbeing and Safety Act 2005, Victorian Child Safe Standards* and Reportable Conduct Scheme**. The Service must immediately notify Council where it becomes aware of a breach of the Victorian Child Safe Standards and ensure that all employees and volunteers who are required to apply for a Working with Children Check’s (WWCC) under the Working with Children Act 2005 (Vic)*** have done so, before working with children at the service/program/facility.

* For more information on the Victorian Child Safe Standards please consider http://providers.dhhs.vic.gov.au/child-safe-standards,

** For more information on the Reportable Conduct Scheme please consider https://ccyp.vic.gov.au/reportable-conduct-scheme/

*** Please refer to the Working with Children Act 2005 to determine the Working with Children Check requirements on your service.

Use of the Facility

Hirer minimum standards

All hirers must:

  • Remain respectful of other users and keep noise to a minimum;
  • Clean up after use including washing and returning cups, and cleaning tables and floors; and
  • Pack up after use, returning all furniture to store room/ original position.

Permitted use

The hirer must only use the room for the purpose specified in item 4 of the Facility Booking form and not use the room for any other purpose unless with written permission from Council.

Council has the right to refuse or limit access to a community facility if the intended use does not support the strategic direction of the Council Plan, Planning Scheme, Community Facilities Access Policy and the overall best interests of the broad Casey community.

The hirer must only use the room specified in the Facility Booking form and must not access Council staff restricted areas. The foyer is a drop-in space to be used during business hours. After hours please be respectful of other users as the space is a transition space between groups. It is not to be used as additional hire space or an extension to hire space unless formal, written approval has been obtained.

Children

Children under 18 years of age must be accompanied by a guardian at all times and must remain in the room with the hirer. Children may not be left unsupervised in the foyer whilst their guardian is in a hired room. Repeat occurrences may result in cancellation of all future bookings.

Times of use

The hirer must only use the room during the hiring times outlined in the Facility booking form. The hirer must immediately vacate the room outside of the hiring times to allow other people to use the room. If the room is used by the hirer beyond those times specified. Council may charge an additional fee to the hirer or deduct the additional fee from any payment made by the Hirer to Council. Council may also terminate this agreement and forfeit the bond if the room is used during such times that another person has booked the room.

Arrival and departure times outlined in the Application for Hire must include set up and pack up times. Council may charge for use of the rooms outside of the agreed times

Number of people in room

The hirer must not permit the number of the people in the room to exceed the maximum number specified in Appendix A of the Conditions of Hire.

Arrival and Departure

The hirer is responsible for opening and closing the room and/ or facility upon entry and exit. Upon departure the hirer must always ensure that:

  • Room/s are in a reasonable and clean condition as they were found;
  • Electronic equipment is switched off;
  • Equipment has been turned off, packed away or removed;
  • Furniture is returned to its original location as identified upon entry;
  • Doors to their hired rooms are closed;
  • Entry doors are locked;
  • Alarm is activated; and
  • Rubbish is removed.

If there are no Council officers in the facility at the time of arrival or departure, the hirer is responsible for opening and closing the facility. This includes activation or de-activation of the alarm and locking or unlocking the facility.

Facility opening and closing procedures are detailed in the ‘Lynbrook Community Centre Operating Procedures for Users’ which will be provided during the hirer’s induction prior to the booking date.

Cleaning

The hirer is responsible for leaving the room in a clean and tidy condition. If such regulations are not met, Council will arrange cleaning at their discretion. Charges for any additional cleaning conducted may be invoiced to the hirer at the end of the invoice period or deducted from the bond.

Access to the building

If necessary, Council will provide the hirer with alarm codes and keys to ensure the facility is accessible and secure during the agreed period of hire.

Damage to facility and/or equipment

The hirer must not cause or permit to be caused any damage to the facility, existing furniture, fittings and/ or equipment belonging to City of Casey and/ or other users of the facility.

Compliance with laws

The hirer must comply with all laws in connection with the room and the hirer’s use of the room.

Nuisance

The hirer must not do or allow to be done, anything in connection with the use of the facility under agreement or otherwise which is or is liable to be in the opinion of Council, noxious or injurious to a person’s health, personal comfort or the general amenity of the neighbourhood in which the activity is occurring.

Signs and notices

The hirer must not erect any signs or notices in the interior or exterior of the facility without Council’s prior written consent.

Heavy equipment and flammable substances

The hirer must not bring any heavy equipment or flammable substances into the room without Council’s prior written consent.

Illegal activities

The hirer must not permit any illegal activities in the room.

Alcohol

The hirer may be required to obtain a Liquor License to bring or consume any alcohol in the Lynbrook Community Centre. Any alcohol found onsite without approval will result in a forfeit of bond. Please contact Council prior to discuss your requirements.

No smoking

The hirer must not allow any persons to smoke in or around the facility including the outdoor deck area. Smoking is not permitted within 10 meters of an entrance to the facility.

Animals

The hirer must not allow any animals to be brought into the facility without the Council’s prior written consent (authorised assistance animals excepted).

Equipment

Facilities are equipped to cater for the maximum capacity as outlined in Appendix A of these Conditions of Hire. Requests for additional equipment such as chairs, tables, audio visual equipment or specialised equipment will be considered by Council on a case by case basis. Hirers are not permitted to bring equipment into the facility without Council’s prior written consent

Storage

There is no available storage at Lynbrook Community Centre and Council is not responsible for any loss or damage to property left at the centre.

It is the responsibility of the hirer to ensure that both the hirer and all participants of their group using the facility are aware of these regulations and adhere to them:

  • No equipment is to be stored at the facility. All personal equipment and belongings must be removed from the facility at the end of each hire period;
  • No equipment (or item) is to block entrances and the floor spaces to and inside storage rooms, so to prevent potential injury;
  • All hirer’s must be respectful of equipment that does not belong to them;
  • Hirers must not use stored equipment belonging to others ;
  • The hirer must not permanently mark or label storage areas or shelves, build temporary or permanent storage areas or use personal locks on storage areas. Charges may apply to the hirer if cleaning or maintenance is required to be undertaken in the event of misuse in the storage area.

Theft

Neither Council nor its’ staff shall be liable for any loss or damage sustained by the hirer, and the hirer agrees to indemnify Council against any such actions.

Council directions

The hirer must comply with all requirements of the Council and all directions given by Council representatives

Noise disturbance

The hirer must comply with all Environmental Protection Agency (EPA) prohibited times for noise and noise related legislation.

In addition, noise must not impact on surrounding properties or be unreasonable at any time with respect to its intensity, duration frequency or other factors as determined by Council.

The hirer and any persons connected to the use of the facility must comply with any directions to cease or abate noise made by Council staff or members of Victoria Police.

Food Handling

The hirer must not allow or cause to be allowed any food to be sold or handled for the purposes of sale without holding a current Food Act (1984) registration certificate, irrespective of whether the activity concerned is of a commercial, charitable or community nature or whether it involves the handling or sale of food on one occasion only.

Council to the extent permitted by law accepts no responsibility, direct, indirect or otherwise for any liabilities under statute or common law for the sale or provision of food items from facilities.

Further information concerning the provision of food and matters of food safety may be obtained from Council’s Environmental Health Unit on 9705 5200.

Security

The hirer must not do anything in connection with the facility which may cause a security issue or unnecessary alarm. Callouts by the security company deemed unnecessary may be charged to the hirer.

Emergencies

The hirer is responsible for familiarising themselves with and following Council’s emergency and evacuation procedures for the facility.

In the case of an imminent threat, and/ or upon notification from emergency services or Council management, the Warden is responsible for the management of the evacuation or lockdown of the facility.

The hirer is responsible for the management or lockdown of the facility at their discretion when Council staff are not present.

The hirer is responsible for the safety of all members and visitors in the facility for the purpose of their hire and for having appropriate insurance in place at all times (refer to Section 11 of these Conditions of Hire).

In the event of an emergency, Council may terminate the hiring of the room immediately. Any monies paid by the hirer to the Council may be forfeited by the Council where the termination of the hire resulted from an act or omission of the Hirer or the Hirer’s agents, contractors or invitees.

Council’s right of entry

Council may enter the room at any time and remain in the room for the purpose of supervising the functions or activities conducted by the hirer.

Disputes

In the event of any dispute or difference arising to the interpretation of these conditions, or of any matter contained therein the decision of the City of Casey’s Director Community Life or their nominated representative thereon shall be final and conclusive.

Definitions

In these conditions, the following words have the meanings set out below: Facility Booking Form means the application form to hire at the facility. Booking deposit means the amount specified in item 12 of the application form.

  • Commencement date: the commencement date specified in item 4 of the application form
  • Council: City of Casey Council
  • Conditions: these conditions attached to the application form
  • Licensee: the community group authorised by Council to administer this agreement or agreements of the same or similar nature as this agreement
  • Expiry date: the expiry date specified in item 5 of the application form or such earlier date that this agreement is determined
  • Hirer: the hirer specified in the application form and where it is consistent with the context includes the hirer’s employees, agents, invitees & persons the hirer allows in the room
  • Hiring fee: the hiring fee specified in the application form
  • Hiring times: the times specified in item 6 and 7 of the application form during which the hirer is permitted to use the room
  • Bond: the security deposit specified in item 11 of the application form and includes any additional security required under clause 7
  • Term of hire: the term from the commencement date to the expiry date
  • Terms and conditions: these terms and conditions applicable to the Booking Form