Wyndham Cultural Centre Booking Application Form

These conditions of hire apply to the use of the Wyndham Cultural Centre, 177 Watton Street, Werribee 3030 (‘the venue’).

By submitting a Booking Application Form, the hirer agrees to be bound by these conditions of hire.

These conditions of hire should be read in conjunction with any relevant venue information, e.g. your Booking Application Form, Technical and Ticketing Specifications Form, booking confirmation notice and current venue hire fees.

Submission of a Booking Application Form does not confirm a booking.  Bookings will only be confirmed once all security bonds and deposits are paid and Council has issued the hirer with a booking confirmation notice.

1. HIRER

   Where the hirer is a group, company or organisation, the person submitting the Booking Application Form is jointly and severally liable together with the group, company or organisation to ensure compliance with these conditions of hire, including with respect to the payment of fees.

2. USE OF THE VENUE
   2.1 The hirer agrees to use the venue for the purpose of the event during the booking period only, and must not use the venue for any other purpose or outside of the booking period.

   2.2 The hirer must not conduct, or allow to be conducted, any activity at the venue, which is dangerous, noxious, offensive, illegal, excessively noisy or objectionable.

3. USE OF EQUIPMENT
   3.1 The hirer must provide all additional equipment for its event beyond that which Council agrees to provide in accordance with the hirer’s Technical and Ticketing Specifications Form.  The hirer must obtain Council’s prior written consent to use any additional equipment, such consent to not be unreasonably withheld.

   3.2 Any additional equipment used by the hirer during the booking period must be used in accordance with the manufacturer’s directions.  All electrical equipment must have a current test and tag certification in accordance with Australian Standard AS 3760.  Electrical equipment which has not been tested and tagged must not be used.

   3.3 The hirer must ensure that all persons using or operating the equipment (including the equipment supplied by Council) are appropriately experienced, trained and/or qualified to do so.  Relevant licences, certificates and qualifications must be provided to Council on request.  The hirer acknowledges and agrees that where Council reasonably believes that a person is not experienced, trained or qualified to use or operate the equipment, Council may require the hirer to use Council staff to operate the equipment, at the hirer’s cost.

   3.4 The hirer acknowledges and agrees that the venue’s counterweight lines (fly lines) must be operated by Council staff only.

4. TECHNICAL AND TICKETING SPECIFICATIONS
   4.1 At the time of issuing a booking confirmation, Council will provide the hirer with a Technical and Ticketing Specifications Form.  Unless otherwise agreed between Council and the hirer in writing, the hirer must complete and submit their Technical and Ticketing Specifications Form at least 8 weeks prior to the booking period.

   4.2 The hirer acknowledges and agrees that failure to complete and submit a Technical and Ticketing Specifications Form within the specified time may result in the hirer’s booking being cancelled in accordance with clause 24.6.

5. HAZARDOUS OR HIGH-RISK ITEMS
   5.1 The hirer acknowledges and agrees that the use of hazardous or high-risk items at the venue is subject to Council’s written approval.

   5.2 If the hirer indicates in its Technical and Ticketing Specifications Form that the event will contain any hazardous or high-risk items, Council will require the hirer to complete and submit a Notification of Hazardous Event Conditions Form at least 6 weeks prior to the booking period.

   5.3 The hirer acknowledges and agrees that Council may require the hirer to complete and submit a Risk Assessment, Safe Work Method Statements (SWMS), Job Safety Analysis (JSA), Material Safety Data Sheets (MSDS), or any other documentation, qualifications or licences that may be reasonably required in connection with the use of any hazardous or high-risk items.

   5.4 The hirer acknowledges and agrees that if any of the documentation required by clause 5.2 or 5.3 is not completed and returned to Council within the time specified, or if Council does not approve the use of the items in writing, the hirer must not use the hazardous or high-risk items in connection with the booking.

6. ACCESS AND ADMISSION
   The hirer:

   (a) must ensure that all performers, musicians, technical and backstage crew and other associated persons enter and exit the venue via the stage door only;

   (b) acknowledges and agrees that a maximum of 150 people (including Council staff) are allowed backstage at any time; and

   (c) agrees that Council may refuse to admit latecomers to the venue until a suitable break in the event, if any.

7. SAFETY
   7.1 All persons involved in the hirer’s production, including cast, technical and backstage crew must undergo a safety induction at the start of the booking period.

   7.2 The hirer must supply their own first aid kit for backstage use.

   7.3 The hirer acknowledges and agrees that at least two backstage crew members must hold a current Level 2 First Aid qualification.

   7.4 The hirer must nominate one backstage crew member to be the Floor Warden, who will be required to assist Council in the event of an emergency evacuation during the booking period.

   7.5 The hirer must, as soon as is reasonably possible in the circumstances, notify Council of any incident, accident, injury or damage that occurs during the booking period.

   7.6 The hirer must not do or permit anything to be done at the venue which, in the opinion of Council, may be a risk to any person or property.

   7.7 The hirer must not damage, remove or otherwise interfere with any part of the venue, or fixtures, fittings, plant and equipment at the venue.  The hirer is responsible for all costs associated with any such damage or loss.

8. COVIDSAFE PLAN

   8.1 The hirer must comply, and ensure that all event attendees comply with Council’s COVIDSafe Plan for the venue.

   8.2 The hirer must submit a COVIDSafe Plan for their event at least 6 weeks prior to the booking period.

9. CONCLUSION OF EVENT
   9.1 The hirer must ensure that all attendees leave the venue in a quiet and orderly manner and do not unnecessarily disturb others, including other venue attendees.

   9.2 At the end of the booking period, the hirer:

   (a) must vacate the venue;

   (b) must ensure the venue is left in a clean and tidy condition, and otherwise in the same state it was in prior to the start of the booking period;

   (c) must remove any property brought into the venue during or for the purposes of the booking by any person and make good any damage to the venue caused by the removal;

   (d) acknowledges that any property not removed from the venue at the end of the booking period will be deemed to be abandoned and will be disposed of by Council acting reasonably in the circumstances; and

   (e) agrees that it is responsible for any costs incurred by Council for the disposal of abandoned items.

   9.3 Where the hirer’s booking period involves multiple non-continuous periods, the hirer must vacate the venue in accordance with clause 9.2 between each period.

10. FEES AND PAYMENT
    10.1 After the booking period, Council will issue the hirer with an invoice for the full booking amount.  The hirer must pay the full amount within the time specified on the invoice.

    10.2 Where the hirer has not vacated the venue by the end of the booking period, the hirer will be charged in accordance with the applicable venue hire fees.

    10.3 Access to the venue prior to the start of the booking period is at Council’s discretion and may incur additional charges.

    10.4 Except where a clause in these conditions of hire provides otherwise, the hirer will not be entitled to any refund of payments made in respect of the booking.

11. SECURITY BOND
    11.1 Council will advise the hirer of the amount of the security bond payable following submission of their Booking Application Form.

    11.2 The security bond is payable by the hirer and is to be used as security against any damage caused to the venue and/or any other breach of these conditions of hire.

    11.3 Subject to clause 11.4, a refund of the security bond will be made within 30 days of the end of the booking period.

    11.4 Deductions from the security bond may be made by Council for any reasonable cause including, but not limited to:

    (a) additional costs as agreed by the hirer;

    (b) damage caused to the venue or any fitting, fixture or furniture at the venue;

    (c) cleaning costs, including costs of a professional cleaner where the venue or any part of it has been left in an unclean condition;

    (d) the removal, disposal or storage of any property left at the venue; and

    (e) costs and expenses incurred as a result of a breach of these conditions of hire.

    11.5 Where the amount of the security bond is not sufficient to cover the sums payable pursuant to these conditions of hire, the hirer will be liable to pay the difference within 7 days of receipt of invoice.

12. BOOKING CONFIRMATION AND CHANGES TO EVENT DETAILS
    12.1 Submission of a Booking Application Form does not constitute confirmation of a booking.  A booking is not confirmed until the security bond and deposit are paid and Council has issued a written booking confirmation.

    12.2 The hirer must advise Council as soon as possible of any material changes to their booking and/or the event.

    12.3 The hirer must advise any changes to their technical requirements as specified in their Technical and Ticketing Specifications Form at least 14 days prior to the booking period.

13. FOOD AND DRINK
    13.1 Food and drink (including alcohol) must not be brought into the venue without Council’s prior written consent.

    13.2 The hirer acknowledges that Council may, acting in its entire discretion and at its own cost, operate the venue’s bar during the booking period.  The hirer further acknowledges and agrees that Council will retain all money generated from such bar sales.

    13.3 Alcohol served by Council will be served in accordance with Council’s liquor licence and the Liquor Control Reform Act 1998.  Council reserves the right to refuse to serve alcohol to any person at the venue and to require intoxicated or disorderly persons to leave the venue.

    13.4 The hirer must not do or allow to be done, anything which breaches or may breach, Council’s liquor licence.

14. TICKETING
    14.1 The hirer acknowledges and agrees that Council is entirely responsible for the printing, sale and distribution of tickets for the hirer’s event.

    14.2 The hirer acknowledges and agrees that Council:

    (a) will make tickets available for purchase from the box office during its normal business hours and online;

    (b) will retain the booking fee charges in connection with ticket sales;

    (c) may, acting in its entire discretion, give refunds for tickets sold.

    14.3 The amount generated from ticket sales (excluding the charges referred to in clause 14.2(b)) will be paid to the hirer following the booking period.  The hirer may request that Council deducts the amount generated from ticket sales from the full booking amount referred to in clause 10.1. 

    14.4 Council makes no representation as to the number of ticket sales the hirer may enjoy in connection with their booking.

15. EVENT PROMOTION
    15.1 The hirer acknowledges and agrees that Council may promote the hirer’s event on the venue’s website, using the information provided in the hirer’s Booking Application Form and Technical and Ticketing Specifications Form.  Council accepts no responsibility for any incorrect information that published in connection with the hirer’s event.

    15.2 Where the hirer provides photographs, pictures and/or logos (‘images’) to Council, the hirer:

    (a) grants Council a perpetual, irrevocable, transferable, sublicensable and royalty-free licence to use and publish the images (in whole or in part) for the purpose of promoting the event on the venue’s website;

    (b) warrants that, where a person is capable of being identified in the images, the hirer has the consent of that person (or the consent of their parent/guardian where they are aged under 18) to provide the images to Council to promote the event; and

    (c) acknowledges and agrees that Council reserves the right not to use the images to promote the event.

16. ADVERTISING AND MERCHANDISE
    16.1 All proposed programs, advertising and merchandising must be submitted to Council for approval 14 days prior to the start of the booking period.  The hirer must not publish, produce, display, sell or otherwise distribute any programs, advertising or merchandising prior to receiving Council’s written approval.

    16.2 The hirer acknowledges and agrees that it is responsible for all aspects of program and merchandise sales.

    16.3 Unless otherwise agreed between Council and the hirer in writing, the hirer agrees to pass on to Council 10% of the gross takings from all program and merchandise sales and that such payment will be made within 30 days of the end of the event.

17. GENERAL
    The hirer:

    17.1 is responsible for all costs associated with any emergency services attending the venue as a result of any breach of these conditions of hire;

    17.2 must allow Council staff, its contractors, persons authorised by Council and emergency services access to the event or venue at any time during the booking period;

    17.3 must not exclude Council staff and contractors from the venue or members of the public from the venue’s communal areas (e.g. the foyer) during the booking period;

    17.4 is responsible for the conduct and behaviour of all of its employees, agents, contractors and event attendees, including in respect of compliance with these conditions of hire;

    17.5 must follow all directions of emergency services;

    17.6 must follow all reasonable directions of Council in relation to the event and or venue;

    17.7 must not exceed the venue’s capacity, as advised by Council;

    17.8 must not sublease or licence the venue or any part thereof;

    17.9 must obtain Council’s prior written consent before engaging any third party in connection with the event, and must provide Council with the contact details of any third parties engaged;

    17.10 must comply with all laws, rules and regulations applicable to the event and the venue; and

    17.11 acknowledges and agrees that Council may change or amend these conditions of hire at any time, without prior notice.

18. SECURITY

    If required by Council, the hirer must engage security guards and provide evidence of such engagement 14 days prior to the start of the booking period.

19. PHOTOGRAPHY

    The hirer must not photograph, film or otherwise record the event or the venue, or allow any other person to do so without obtaining Council’s prior written consent, such consent not to be unreasonably withheld.

20. INTELLECTUAL PROPERTY

    20.1 The hirer must not do or allow anything to be done, which infringes or may infringe another person’s intellectual property rights.

    20.2 Where the event includes works or materials in which intellectual property rights subsist, the hirer must, on Council’s request, provide evidence that the hirer has the right to use the work or material.

21. INSURANCE

    21.1 The hirer must hold and maintain public liability insurance in a minimum sum of $20 million per single event and must provide a copy of its certificate of currency with its Booking Application Form and otherwise on Council’s request.

    21.2 If the hirer engages third parties in connection with their event, the hirer must submit a copy of the third party’s certificate of currency for public liability insurance not less than 7 days before the event.

    21.3 The hirer acknowledges and agrees that Council will not be responsible for any loss or damage to any property or equipment belonging either to the hirer or event attendees.  Insurance for non-Council property is entirely the responsibility of the hirer and/or event attendees.

22. LIABILITY
    22.1 To the extent permitted by law, Council gives no warranty or assurance that the venue or any part of it is fit for any purpose or use.

    22.2 The hirer uses the venue at its own risk.

    22.3 To the extent permitted by law, Council is not liable to the hirer for any loss, damage, claim or expense (‘loss’) suffered, including, but not limited to, property loss or damage, personal injury and death, as a result of or in connection with the hirer’s use of the venue, except to the extent that any such loss is caused or contributed to by the negligent act or omission of Council.

    23.4 Council is not liable to the hirer for any indirect or consequential loss that the hirer may suffer, including, but not limited to, lost profits, lost revenue or lost opportunities, loss of goodwill or loss of reputation.

23. INDEMNITY

    The hirer agrees to hold harmless, indemnify and keep indemnified Council, its Councillors, staff and contractors (‘Council’) against any action, claim, demand, cost (including legal costs) or other liability (‘claim’) made against or incurred by Council in respect of any accident, damage, injury or loss (‘loss’) arising from the hirer’s use of the venue (including any claim arising pursuant to clause 22.4) and the hirer’s compliance or purported compliance with these conditions of hire, provided that the hirer will not be required to indemnify Council against any such claim to the extent that any loss is caused by the negligent act or omission of Council.

24. CANCELLATION
    24.1 The hirer may only cancel a booking in writing.

    24.2 The hirer acknowledges and agrees that in the event of a booking cancellation, the deposit and security bond will not be refunded.

    24.3 The hirer acknowledges and agrees that for bookings for events between January and September, the following cancellation fees apply:

    (a) At least 28 days’ notice of cancellation: no cancellation fee.

    (b) Less than 28 days’ notice of cancellation: 100% of the full booking amount.

    24.4 The hirer acknowledges and agrees that for bookings for events between October and December, or for bookings that have been made at least 12 months in advance, the following cancellation fees apply:

    (a) At least 90 days’ notice of cancellation: no cancellation fee.

    (b) Between 28 and 90 days’ notice of cancellation: 50% of the full booking amount.

    (c) Less than 28 days’ notice of cancellation: 100% of the full booking amount.

    24.5 Notwithstanding any other provision of these conditions of hire, and regardless of whether a booking confirmation has been issued, Council expressly reserves the right to cancel any booking at any time or to refuse to allow any hire of the venue in circumstances where the venue is required for Council use or where Council reasonably considers the proposed use will be detrimental to Council or a third party.  Council may, acting in its entire discretion, provide the hirer with a full or partial refund of monies paid.

    24.6 Council reserves the right to cancel any booking in circumstances where the hirer has not submitted a Technical and Ticketing Specifications Form within the stipulated time, or has submitted false, inaccurate, insufficient or misleading information in its Technical and Ticketing Specifications Form, Booking Application Form or otherwise.  Council may, acting in its entire discretion, provide the hirer with a full or partial refund of monies paid.

25. NO RELATIONSHIP
    Nothing in these conditions of hire or in the conduct of Council and the hirer will create a relationship of agency, partnership, employer and employee or joint venture between the hirer and Council.

26. BREACH
    26.1 Any breach of these conditions of hire, including failure to submit a Technical and Ticketing Specifications Form and/or pay any amount due within the stipulated time may, at the option of Council, result in the cancellation of the hirer’s booking, the security bond being withheld or further bookings by the hirer not being accepted.

    26.2 The hirer agrees that if its booking is cancelled under clause 26.1, the hirer will pay all outstanding hire amounts and will not be entitled to a refund of any payments already made.