General Terms And Conditions Of Use
Setting Up, Packing Up And Cleaning
- Hirers shall leave the hired space including kitchens, toilets and other amenities in a condition suitable for immediate use at all times. The setting up and packing away of the hired space is the responsibility of the hirer. Hiring times shall include the time required for setting up, dismantling, and cleaning etc. The hirer does not have access to the hall/rooms outside the approved hire period. The space can only be hired until the hour specified on the booking form. A call out fee applies for security to attend if the hirer is onsite after the booked time. Fees shall be paid by the hirer.
- Hirers shall store all tables, chairs and equipment in the allocated storage area in each room before leaving. Charges apply if not stored by the user.
- Hirers must leave all the rooms, kitchenettes and foyer spaces clean and tidy on departure.
- Should additional cleaning be required, a cleaning fee will be charged at $115.00 from midnight Sunday until midnight Thursday, and $275.00 from midnight Thursday until midnight Sunday.
- The costs associated with additional cleaning cover the costs incurred by Council.
- Applications for hire are to be made on the Booking Form provided and must be signed by a person aged 18 years or over. All required dates will need to be advised in writing prior to the booking. The hirer is responsible for centre security, safety of guests and ensuring compliant supervision of all activities during the hire period.
- Any booking cancelled 8 days or more prior to the booking date will not incur a cancellation fee.
- Any booking cancelled 7 days or less prior to the booking date will incur a cancellation fee equal to 50% of the total booking cost.
- If notification is not received and the booking is not utilised, or notification is received on the day of the booking, no refund will be given and the full amount is payable.
Please note that Council reserves the right to:
- amend the conditions of hire, or the fees and charges. Please confirm prices and conditions at the time of booking.
- deny access to any individual or organisation (its members and/or staff)
- terminate any agreement, with any individual or organisation, (its members and/or staff) at any time.
- direct the hirer to alter their booking to allow for ‘one off’ community events. Council would give suitable notice and assist to find an alternative time/space.
- in the event of a natural disaster or other catastrophic event, where a space or building is no longer available for hire, Council is under no obligation to honour a booking or compensate for its loss.
- in the event of a dispute or a difference arising as to the interpretation of conditions in this agreement, the decision of the General Manager of Ballina Shire Council shall be final.
If any booking is cancelled due to:
- a public health order under section 7 of the Public Health Act 2010 (NSW); or
- a border closure, restricting access to or from NSW, clauses 8 and 9 will not apply. The hirer will be entitled to a full refund of amounts already paid towards the booking, or if the hirer prefers, the amount can be applied as a credit on the hirer’s account, to be used for a booking in the same financial year.
ACTS LEGISLATIONS AND REGULATION
- The hirer declares they have read understood and shall comply with all relevant provisions and any other Acts or regulations, such as but not limited to the Food Act & the Public Health Regulation, Work Health and Safety Act, which may govern use of the Centre.
- When operating a commercial activity and/or delivering services to persons under the age of 18 years you are legally required to comply with NSW child protection legislation. By hiring a Ballina Shire Council venue, you declare that you have read, understand and shall comply with the NSW child protection legislation as prescribed by the NSW Office of Children’s Guardian. Please refer to NSW Office of Children’s Guardian website for details www.kidsguardian.nsw.gov.au
The hirer shall:
- Be at least 18 years of age.
- Ensure that a responsible supervising adult is present during any underage function (the number of supervising adults will be determined by the size and/or type of the function).
- Provide a copy of the Certificate of Currency of a current public liability insurance policy to a minimum value of $20 million with the booking form, if required. Further detail is provided in this booklet under the section Insurance Requirements.
- Be responsible for the safety and conduct of every person in attendance at his or her event.
- When alcohol is SOLD or SUPPLIED at a ticketed event the Hirer is required to obtain a liquor licence from the licensing authority for the duration of the event. Responsible drinking of alcohol is permitted within each hired space and is limited to the internal hired space provided you comply with NSW legislation. NSW Department of Industry is the regulating body and further information can be obtained from their website at liquorandgaming.nsw.gov.au
- Not be disorderly or display offensive behavior, as it will not be tolerated by Council.
- Provide at minimum 1 x accredited security guard for every 100 people attending when selling or providing alcohol at a ticketed event. It is recommended that 1 additional guard per 100 patrons is in place; for all hours of service. Example: 300 patrons = 3 Security Guards.
- Not allow patrons to consume alcohol outside the building and not serve alcohol to minors; it is an offence to do so.
Using the electronic fobs and disarming/arming the alarm system, the hirer shall:
- not attempt to enter any room or area of the centre other than those you have hired. A fee will be charged if the alarm is set-off and security finds it necessary to attend the venue.
- Carefully read the Venue Access information prior to your hire and contact Community Spaces during office hours if you have any questions or concerns.
- Upon arriving, follow the directions for your hired venue, as set out in Venue Access information, to open the building and disarm the security alarms.
- Upon leaving, lock the door of the hired room then, if after hours, check the building is vacated, closing all windows and turning off the lights before leaving the building. Information on how to arm the alarm in each centre is contained in the Venue Access information.
- Fobs and/or security keys should be deposited in the after-hours key return box (where applicable), or returned on the next working day.
- Minimise noise of patrons entering and leaving the building, to prevent disturbances to nearby residents.
- Any fobs and/or security keys lost, damaged or not promptly returned will be charged an additional $25.00 - $50.00 fee plus any rekeying fees when required, depending on the facility. Report any lost fobs immediately to Council or a member of the Community Spaces team.
Inside the building and room hired, the hirer shall:
- Take note of Fire Evacuation Plan displayed near the door in each room hired. Fire exit doors must be kept clear at all times.
- Respect other users and tenants within the building. Abide by the NO SMOKING policy inside all Ballina Shire Council buildings. Smoking is permitted outside the building, when keeping at least four metre distance from doorways.
- Not tamper with any device or system designed for use in an emergency, such as fire alarms, fire extinguishers or fire hose reels. Fees apply if any tempering has occurred.
- Advise the Community Spaces team if equipment is used in any way and the hirer will be charged the cost of inspection and repair and/or replenishing of equipment if used unnecessarily.
- Report any safety issues to Community Spaces team before, or upon, return of the electronic fob/key.
- Not use glitter, confetti or similar inside the rooms or surrounding areas.
- Not use thumbtacks, staples, sticky tape or similar to fasten display material on walls.
- Be responsible for all damages caused by the placement or removal of decorations.
- Not drag chairs and tables across the floor. Always lift furniture or use the chair trolleys provided. If you cannot locate a trolley please ask a staff member to assist you.
Adhere strictly to the hiring hours with all patrons leaving no later than 5 minutes after the booking expiration time.
- Be responsible for the security of the building throughout the hire period.
- Be responsible for the full replacement costs of any breakages or damages to the building, its fittings and contents (including equipment) and the surrounding grounds. Breakages must be reported before or upon return of keys.
Before Leaving Rooms and Kitchenette the hirer shall:
- Remove all personal possessions from the rooms prior to returning the key and fob. There are no permanent storage facilities available in any of the venues and Council holds no responsibility for possessions left or damaged at the centre, this includes but is not limited to fridges, freezers and store rooms.
- Leave the room in a clean and tidy condition. All food, drink and rubbish are to be placed in bins provided, or removed from the room if bins are not provided. Tables are wiped down, carpet is vacuumed and the room left in good order.
- Leave the kitchenette clean and tidy. Do not leave tea, coffee, sugar or milk behind. No food is to be left in the kitchenettes. Food left in the fridge/freezer will be removed during staff inspections.
- Wash, dry and put away all cutlery and crockery.
- Pay any additional cleaning fees if room, foyer and kitchenette are not left in order and a cleaner is required.
Conditions of Hire – Multiple Use / Regular Hire
The following additional terms and conditions also apply to regular bookings that hire facilities or equipment within Ballina Shire Council’s Community Spaces. Recurring/regular bookings are only available subject to multi day large events.
The hirer shall:
- Abide by conditions as outlined in the above General Terms and Conditions of Use.
- Be provided the privilege of securing a regular booking on the understanding that from time to time, the user may be asked to alter the date, time or space provided to accommodate large events of significance to the community or to local community groups.
- Be provided with reasonable notice should the regular user be required to alter their booking for a large event. The Community Spaces team will work with the regular user to ensure the best possible alternative arrangements for their hire.
- On the Booking Form you must indicate that you have read, understood and agreed to abide by the Terms and Conditions as outlined above.
By using our WiFi service, hereafter referred to as the ‘Service’, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.
This Service is completely open to the internet and is not protected by any form of firewall, content filtering or anti-virus services. Users of this Service are strongly advised to ensure that they have anti-virus software installed, and firewall enabled, on any device they connect to this wifi network.
Accordingly use of the Service is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behaviour is detected, including heavy consumption of bandwidth, Ballina Shire Council reserves the right to permanently disconnect the offending device from the Service.
Service provided "AS IS." This Service provides access to the Internet on an "as is" basis with all risks inherent in such access. The providers of the Service make no warranty that the Service or that any information, software, or other material accessible on the Service is free of viruses, worms, trojan horses or other harmful components. By connecting, the user acknowledges and accepts the risks associated with public access to the Internet and public use of an unsecured wireless network. No technical support will be provided to users of the Service.
Service provided "AS AVAILABLE." The Service is provided on an "as available" basis without warranties of any kind, either expressed or implied, that the Service will be unrestricted full internet access, uninterrupted or error-free, including but not limited to vagaries of weather, disruption of service, acts of God, warranties of title, non-infringement, NOR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No advice or information given by the providers, affiliates, or contractors of the service or their respective employees shall create such a warranty.
Indemnity. Under no circumstances shall Ballina Shire Council be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from user's use of or inability to use the Service or to access the Internet or any part thereof, or user's reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. Further, you agree that Ballina Shire Council is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the Service provided.
On the Booking Form you will be asked to indicate that you have read, understood and agree to the Terms and Conditions as outlined above.