Terms and Conditions of Equipment Hire

1. Definitions

• Agreement means this Agreement.

• Bond means the bond form held on file by QLDC for the casual hire of Equipment.

• Equipment means the QLDC owned property.

• Event means an organised, temporary activity that takes place on one or more days including a market, pop-up stall, parade, protest, wedding, private function (which is independent of premises), festival, concert, celebration, multi-venue sports event of a significant scale, fun run, marathon, duathlon or triathlon.

• Function refers to any organised temporary activity that is self-contained within a QLDC Community Venue and does not impact upon community access to public spaces. Examples include but are not limited to: indoor performance, indoor private function, conferences, tradeshows, exhibitions, indoor concerts, musical recitals, training workshops, community club meetings, indoor club competitions etc.

• Hirer means the person or entity named as Hirer in the Agreement.

• Hire Price means the fee charged for use of QLDC Equipment.

• QLDC means the Queenstown Lakes District Council.

• Working Day means any day excluding Saturdays, Sundays and statutory public holidays in Queenstown Lakes District.

2. Terms & Conditions

The following terms should be read in full including any specific requirements for Equipment hire. Please retain a copy of these Terms and Conditions of Hire for your reference ensuring that you are aware of the responsibilities of hire. By signing this agreement, you accept this Agreement and confirm that you have read and understood all Terms and Conditions of the Agreement.

NOTE: This document supersedes all previous documents relating to the terms and conditions for hire of QLDC Equipment.

2.1 General Terms

1. All persons signing this Agreement (whether as a director or other authorised signatory) shall be bound personally to abide by all of the terms and conditions contained in this Agreement and to fulfil all of the Hirers obligations under this agreement as a principal debtor.

2. All statutory rules, regulations and bylaws in force shall be strictly observed by the Hirer.

2.2 Bookings

1. The Hirer must adhere strictly to the confirmed Hire Period. Failure to do so will incur additional charges and possible cancellation of any future booking(s).

2. The Hirer must precisely state the type of activity to take place the equipment will be used for at the time of booking and use it only for that purpose.

3. Any changes to the booking such as times, contacts or address must be agreed by QLDC. It may not be possible for QLDC to accommodate all requested changes.

4. Set up and pack down time must be included in the Hire Period.

5. The person making the booking for the Hirer must be at least eighteen (18) years of age and authorised to make the booking on behalf of the Hirer.

2.3 Payment

1. All fees and charges quoted apply at the time of booking and are GST inclusive.

2. Where a booking is made at least one month before the Hire Period:

   1. A non-refundable deposit of 50% of the booking charge must be paid to the QLDC within seven days of the booking being made; and

   2. The balance of the booking charge (being the remaining 50% or outstanding balance) is due and payable seven days prior to commencement of the hire.

3. Where a booking is made less than one month before the relevant Hire Period, then an invoice for the full amount of the booking charge will be issued at the time of the booking and payment is due and payable seven (7) days prior to commencement of hire.

4. A booking is not deemed confirmed until the deposit or full payment has been received.

5. A Bond may be held by QLDC where it is deemed by QLDC that the Event could cause damage to the Equipment. If no damage results, the full Bond will be refunded to the Hirer.

6. The Hirer shall be liable for the payment of all debt incurred by the Hirer pursuant to this agreement.

7. If payment is overdue for a period of 14 days or more, the debt may be referred to a debt collection agency or other duly authorised agent of QLDC for collection.

8. QLDC reserves the right to invoice the Hirer, or deduct from the Bond held by QLDC, for any additional charges resulting from the Hirer's use. In addition to the Hire Price, the Hirer may be charged for:

   1. Any damage to the Equipment caused during the Hire Period or through any other breach of the Terms and Conditions in this Agreement.

   2. Any theft of QLDC property during the Hire Period.

   3. Any extra cleaning, rubbish removal, repair or reinstatement of the Equipment that QLDC considers is required after the Hire Period.

   4. Any costs, losses or expenses that QLDC incurs due to any breach of the terms and conditions outlined in this Agreement.

   5. Any costs associated with lost or damaged keys.

The Hirer will pay on demand all of QLDC's reasonable expenses, including debt collection fees and legal costs in relation to collection of overdue moneys.

2.4 Cancellation

1. QLDC has the right to cancel any booking under this Agreement or to reschedule the booking, in consultation with the Hirer, provided QLDC notifies the Hirer no less than 10 working days prior to the booking. Where a booking is cancelled, the deposit value for that booking will be refunded if an alternative booking date and/or time cannot be agreed by QLDC and the Hirer.

2. QLDC may terminate this Agreement with immediate effect if the Hirer breaches any term of this Agreement. Without limiting QLDC's other rights or remedies, where it terminates this Agreement under this clause, the Deposit paid by the Hirer shall be forfeited. In the event of termination under this clause, the Hirer must immediately return the Equipment.

3. The Hirer may cancel any booking under this Agreement for any Equipment by notifying the QLDC Venues Team Contact.

   1. QLDC will refund the Hire Price for all Equipment, as follows:

      1. Cancellation notice received more than 7 days prior to the Hire Period: Refund less the deposit.

      2. Cancellation notice received 7 days or less prior to the Hire Period: No refund; if the Hirer has not paid the full Hire Price any outstanding payment is immediately due and payable to QLDC.

      3. A cancellation notice made due to COVID related restrictions for events and gatherings.

2.5 Public Liability Insurance

1. Hirers are required to provide proof of Public Liability Insurance (inclusive of exemplary and pecuniary damages) to the sum of $5,000,000.00 or greater for any one accident, to support the indemnity of QLDC from 3rd party damages to property and personal injury. A copy of the Hirer's Certificate of Insurance shall be provided on request and approved by QLDC prior to the Community Venue hire being approved by QLDC.

2. In respect of properties operated and owned by QLDC the venue insurance is extended to community groups, individuals and the like who use and hire properties operated or owned by QLDC in relation to activities related to the hire who do not hold liability insurance that would respond to any legal liability incurred. A charge of $10/day will apply.

2.6 Health and Safety

1. The Hirer must exercise any rights granted by this Agreement in accordance with the Health and Safety at Work Act 2015 ("HSWA"), any associated Regulations and Codes of Practice, and any other guidelines published by New Zealand's health and safety regulator.

2. The Hirer will consult, cooperate and coordinate activities, and facilitate engagement, with QLDC and any other persons (including without limitation all other hirers, users, suppliers, service providers and contractors for the Equipment), to the extent that the Hirer and such other parties have overlapping duties in relation to health and safety. The Hirer will ensure that it complies with any health and safety policy relating to the Equipment and QLDC's other directions in respect of health and safety.

3. The Hirer must ensure that access and egress for residents, businesses or emergency vehicles are available at all times. This includes public and private access ways that should be kept clear at all times.

4. It is the responsibility of the Hirer to inspect the Equipment at the commencement of the Hire Period to ensure its condition is safe and fit for the purpose of the hire. The Hirer will:

   1. immediately notify QLDC of any situation, occurrence or activity which may endanger the health and safety of occupants, workers or the public;

   2. immediately notify QLDC of any notifiable event, incident, injury or illness (as those terms are defined in the HSWA) that occurs while using the Equipment during the Hire Period; and

   3. take all reasonably practicable steps to eliminate, or if not possible, minimise any risks/hazards, and manage risks/hazards and protect the health and safety of all persons present.

5. The Hirer will provide QLDC with such assistance as may be necessary to conduct any health and safety review or investigation relating to the Hirer's Equipment hire.

2.7 Conditions of Use

1. The Hirer must remove all rubbish at the end of the Hire Period.

2. The Hirer must take proper care of the Equipment and ensure that no damage occurs.

3. The Hirer must not use nails, tacks, screws, pins or any other instrument that will cause damage to equipment surfaces, floors and ceiling surfaces.

4. All electrical items used in conjunction with the Equipment must have a current tag & test label on it.

5. The Hirer must leave the Equipment in good, clean and tidy order. This includes removing stickers, any decorations and sweeping and vacuuming the floor surfaces. Additional charges will be incurred in accordance with clause 2.3.

6. At the request of the QLDC, the Hirer must attend a post hire Equipment check with QLDC staff to confirm compliance with this Agreement.