Venue Hire Terms and Conditions

In these conditions, unless inconsistent with the text or the subject matter, the following definitions will apply;

• “Venue” shall mean; the Bluestone Theatre, Red Brick Hall, Kyneton Mechanics Institute.
• “Hirer” is the person, partnership, organisation or corporation entering into the Hire Agreement for the Venue
• “Council” means the Macedon Ranges Shire Council
• “Creative Venues Booking Officer” means the officer appointed by the Council in respect of the management of the Venue and its facilities.
• “Creative Venues Technical and Production Supervisor” means the officer/s appointed by Council to supervise all technical equipment operations and /or production practices within the venue.

Please ensure that the following documents are submitted with all booking enquires.

• Public Liability Insurance Certificate of Currency
• Deposit Payment (if applicable)
• Liquor Licence (if applicable)
• RSA Certificates (if applicable)
• Proof of application for APRA and PPCA Licence fees (if applicable)
• Security Licences (if applicable)
• Volunteer Ushers
• Simple Risk Assessment

A booking shall only be confirmed upon:

• the acceptance of any quotation forms generated.
• submission of all required documents identified through booking process or requested by the Council booking officer.
• payment of the invoice generated after this form has been submitted to Council. 

The onus to provide this information and payment is on the Hirer. The Council booking officer reserves the right to cancel the booking if signed Hire Forms and any relevant deposit payments have not been completed promptly.    

• In the event of cancellation by the Hirer for any reason, notice of such cancellation shall be received by the Creative Venues Booking Officer at least one (1) week in advance (for functions) and at least three (3) weeks in advance for performances.
• Cancellation less than one(1) week for functions and three (3) weeks for performances, shall be subject to full payment by the Hirer of all charges claimed by the Venue.

Force Majeure

The obligation of a party, other than the obligation to pay money, is suspended during the time and to the extent that the party is prevented from or delayed in complying with that obligation by Force Majeure.

Limit of hire

The Hirer shall only be entitled to the use of the particular part(s) of the Venue hired, and shall vacate the venue punctually at the time specified.  The Creative Venues Booking Officer reserves the right to let any other portion of the Venue for any other purpose at the same time.

Failure to adhere to agreed access times will incur additional charges.

Free access

Any relevant employee that Council may appoint, shall at all times and notwithstanding any hiring, be entitled to free access to any and every part of the Venue.

Sub-letting

No portion of the Venue hired shall be sub-let or any tenancy transferred or assigned without prior written consent of the Creative Venues Booking Officer.

Refusal to let

It shall be at the discretion of Council to refuse to let the Venue in any instance and Council shall have full power, if it sees fit, to cancel existing lettings and direct the return of the hire 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.

Staff/Security Staff

The hirer may be required to engage licenced security staff at the hirer’s expense as deemed appropriate by the Creative Venues Technical & Production Supervisor. If security staff are required, a copy of the security licence must be provided at least 48 hours prior to the event.

Theft

Neither the Council, 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 things being lost, damaged or stolen. The Hirer hereby indemnifies the Venue against any claim by any such person, firm or corporation in respect of such article or thing.

Disorderly Behaviour

No obscene or insulting language or disorderly behaviour or damage to property shall be permitted in any part of the Venue. The Creative Venues Technical & Production Supervisor reserves the right to refuse admission or remove any person from the Venue or to call for police attendance.

Smoking

The entire building has been declared a smoke free environment and in the interest of public health smoking is not permitted.

The placing or throwing of matches, cigarettes, ash, or any like substance on furniture, fittings, floors or elsewhere other than in receptacles provided is expressly prohibited.

Macedon Ranges Shire Council is committed to complying with the Child Safe Standards (Standards) introduced by the Victorian Government. Council understands that child safety is everyone's responsibility and prides itself on being a child safe organisation with zero tolerance for child abuse.  This means creating environments where all children are heard, valued and protected from harm and abuse. Our commitment is demonstrated by implementing and monitoring the Child Safe Standards, as specified under the Child Wellbeing and Safety Amendment (Child Safe Standards) Act 2015.

As a Child Safe organisation, Council reviews all agreements (contracts, leases etc.) that will likely involve either direct or incidental contact with children, to ensure any individual or organisation who enters into an agreement with Council can demonstrate compliance with Victorian Child Safe Standards and has read and understood Council’s Child Wellbeing and Safety Policy available from Council website.

Any non-compliance or deviation from the expectations of the Standards through the duration of the agreement may result in the termination of the relevant venue hire agreement.

Obstructions/Ingress & Egress

• The Hirer shall comply in every respect with the regulations relating to public buildings and overcrowding and obstruction to passages, corridors, ramps or any other part of the Venue. Any person causing an offence against such regulations shall be removed from the Venue and any article causing such an obstruction shall also be removed. Exit diagrams are indicated on the Venue walls.
• The Hirer shall maintain clear and useable without hindrance, all exits and entrances provided in the Venue. The Creative Venues Booking Officer and Creative Venues Technical and Production Supervisor shall have complete control and supervision over all means in ingress and egress, and over the opening of the doors and the admission of the public and the Hirer shall act under this direction.

Decorations/stage fittings

No stage property or equipment, electrical installation, signage, pyrotechnics, appliance or decorative materials of any kind will be brought to the Venue without the consent of the Creative Venues Booking Officer

NB - The use of confetti, rice or streamers, candles or similar articles of decoration is prohibited unless the express permission of the Venue Technical Supervisor is first obtained.

Damage

The floor, walls or any other part of the Venue or any curtains, fittings or furniture shall not be broken, pierced by nails or screws or any such matter, or in any other way damaged. No notices, signs, advertisements, scenery, fittings, or decorations of any kind shall be erected in the Venue or affixed to the doors, walls, external signage box and walls, doors or any part of the Venue, curtains, fittings, furniture, mechanical, electrical, and other equipment, without prior consent of the Creative Venues Booking Officer

The Hirer shall be responsible for making good any damage.

If the Hirer fails, neglects, or refuses to make good or repair any damage for which responsible under the Conditions of Hire, the Arts & Culture Unit may make good any repair or damages. The Hirer shall pay the Council upon demand, all sums of money reasonably incurred by the Council in carrying out repairs.

Electrical Stage Equipment

Only persons approved by Creative Venues Technical and Production Supervisor shall be permitted to operate the electrical services including stage, projectors and other lighting and sound amplification equipment. All electrical equipment brought into the Venue must display a current tag indicating it has been tested and tagged by a qualified person. Any equipment not current will not be able to be used in the Venue.

Catering

The Venue allows Hirers to provide their own catering by specific arrangement and the Hirer will be required to meet all the Venue’s policies regarding standards, procedures and costs.  It is the Hirer’s responsibility to ensure that the caterer and their staff are briefed and also operate in accord with these procedures and the overall Conditions of Hire.

All hirers using the kitchen facilities should have appropriate food handling certification.

Please ensure the kitchen is left in a clean state.

• Wash all dishes, cutlery, glassware etc. and place in containers provided and leave on bench tops. 
• Sweep the floor and mop if required. Clean spillages
• Ensure ovens are turned off correctly after use. Please follow instructions for use
• Please wipe down stove tops, oven interiors and all bench surfaces after use
• If using the bain marie please wipe down inside and tray tops and drain water out
• Place all recycle material (i.e. bottles) in the green & yellow recycle bins at the kitchen back door area.  Any excess bottles are to be removed from the premises by the Hirer if the bins are full within 24 hours of the function.
• All other rubbish is to be placed in the inside rubbish bins or in the small skip at the kitchen back door.  Please leave this area in a clean state.
• Please discuss kitchen power load requirements with the Venue Technical Supervisor prior to the function in relation to additional ovens or warming units that the Hirer/caterer may bring in.
• Please identify any quantity of crockery or glassware breakages on the Inventory Sheet provided in the kitchen as a courtesy. Venue staff will stock take the following day.  A kitchen supplies Inventory will be provided on request prior to the function or event.

If the kitchen or surrounds require cleaning or rubbish removal the hirer will incur an additional cleaning charge.

Alcohol & Bar Operation

It is the Hirer’s responsibility to apply for a limited liquor licence from Liquor Licensing Victoria.

• A liquor licence is required where liquor is being sold – either directly or as part of an inclusive charge for an event at the Venue.
• The person to whom the licence is granted (the licensee) must be responsible for and supervise the sale of liquor during the dates and times of the limited licence.
• The licensee is responsible for any breaches of the Liquor Control Reform Act in respect of the operations of the limited licence.
• Licensed security staff may be required (See 2.7)
• All bar personnel must have current Victorian RSA certificates.

Copies of Liquor Licence certificates must be provided to Council in advance of the booking if applicable.

All hirers must have $20 million Public Liability Insurance for the duration of the event or function.

The hirer is wholly responsible for ensuring that any and all commercial contractors, including caterers and performers, hold current public and products liability insurance.

Community Users and Not for Profit Organisations who do not hold public liability insurance MAY be eligible to obtain cover under Macedon Ranges Shire Council’s Hirer’s Liability insurance. 

Purchase of Council insurance does not extend to third parties.

Liability

Council shall not be responsible for or incur any liability in respect of any loss occasioned to the Hirer through accident of any kind or failure of the electric or gas plant or other facilities or any other case.

Indemnity

The Hirer agrees to indemnify and keep indemnified and to hold harmless the Council, its servants and agents and each of them from and against all actions, costs, claims, charges, expenses and damages whatsoever which may be brought or made or claimed against them or any of them arising out of or in relation to the said contract.

In the case of a dramatic or other concert, the Hirer shall not produce or perform or permit to be produced or performed any dramatic or musical works in infringement of the copyright or performing rights of any owner of such right(s), and the Hirer hereby indemnifies Council against any claim for breach of copyright in connection to this. It is the hirer’s responsibility to pay relevant APRA and PPCA licencing fees directly. 

A copy of the APRA and PPCA licences must be provided to the Creative Venues Technical & Production Supervisor within 48 days after the event or a fee will be incurred. 

Sale of Merchandise

A fee shall be paid by the Hirer in respect of the sale of all merchandise (e.g. CDs, programs, books, and videos etc.) sold within the Venue.  The fee is 12.5% commission on gross sales.

Chairs and Tables

At the conclusion of the night all chairs must be stacked to facilitate easy access for the cleaner.

• Please ensure all table surfaces are wiped down after use
• Please wipe up any spillages from Venue chairs and put aside any damaged or stained chairs
• Please wipe up any spillages from the Venue and Foyer floors immediately, especially alcohol.
• Please do not drag chairs and tables across the timber floors.
• Please do not apply boiling water to the parquetry floors when cleaning as it damages the surface.

The Hirer/s shall remove from the Venue all properties, scenery, goods, and effects of the Hirer/s within a reasonable time as determined by the Creative Venues Booking Officer after each performance or use. Any excess recycled materials will be removed from the premises by the Hirer or Hirer’s caterer if the recycle bins have been filled, within 24 hours of use.

Failure to vacate goods from the Venue within a reasonable time as determined by the Creative Venues Technical & Production Supervisor shall result in a storage charge.