Terms and Conditions of Seasonal Sports

1. Terms & Conditions

The following terms should be read in full including any specific requirements for individual Community Facilities. 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 Queenstown Lakes District QLDC Community Facilities.

1.1 General Terms

1. By signing this Agreement CLUB NAME shall be bound to abide by all of the terms and conditions contained in this Agreement.

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

3. The Hirer must ensure that a parent or designated caregiver, who is at least 18 years of age, is responsible for all children 10 years of age and under.

4. It is the Hirer's responsibility to contact the Police immediately if there are any safety concerns from a person(s) disorderly behaviour in the first instance and then report to the QLDC contact.

1.2 Seasonal Booking

1. Bookings are for a minimum of one hour.

2. The Sports Club must not use the Facilities outside the agreed times of usage without first contacting and obtaining the approval of Queenstown Lakes District Council. The Sports Club must ensure that the seasonal period covers all of the time needed by the Sports Club for the purpose (e.g. set up and clear up) and to comply with its obligations under this Agreement. Any use of Facilities outside the seasonal period will be charged to the Sports Club at the then current casual Facility hire fee.

3. The Hirer must use only the area that has been booked and confirmed.

4. 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.

1.3 Payment

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

2. Payment for Seasonal Bookings is to be made in two instalments, a non-refundable deposit of 50% prior to the seasonal period commencing with the balance due on the 20th of the month following the end of the seasonal period.

3. The person making the booking for the Sports Club must be authorised to make the booking on behalf of the Sports Club.

4. The Sports Club shall be liable for any loss or damage caused to the Facility during the seasonal period. Without limiting any other remedy available to Queenstown Lakes District Council, the Sports Club shall reimburse Queenstown Lakes District Council on demand for the cleaning, rubbish removal and/or repair of the Facility by Queenstown Lakes District Council at a rate of cost plus GST.

1.4 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 has the right to cancel the booking, or require the Hirer to immediately vacate the Facility, without notice, if QLDC:

   1. is unable to provide a safe Facility due to any cause or circumstance beyond its reasonable control, including but without limitation, acts of God, riots, fires, flood, earthquake, or severe weather conditions; or

   2. the QLDC's Emergency Manager considers the Community Facility is required for Civil Defence Emergency Management purposes;

   3. considers that the Facility is unplayable, unsafe or unusable for any reason including (without limit) as a result of adverse weather or other conditions. QLDC will notify the club of any field closures due to ground conditions by 2pm at the latest;

   4. considers (acting reasonably) that the use of the Facilities by the Sports Club breaches this Agreement or is objectionable.

3. The Sports Club shall advise Queenstown Lakes District Council in writing (email is acceptable) of a cancellation as soon as it becomes aware that the relevant event will not be held.

4. In the case of cancellation, the Sports Club shall forfeit any deposit paid by it for the relevant season.

5. Queenstown Lakes District Council has the right to cancel any date or time of preferential use within the seasonal booking under this Agreement or to reschedule that booking (in consultation with the Sports Club), provided that Queenstown Lakes District Council notifies the Sports Club no less than 14 days prior to the booking.

1.5 Liability

1. To the extent permitted by law, the Hirer indemnifies and holds QLDC harmless in respect of any cost, loss, expense, claim, action, judgment, demand, damages, penalty, obligation or liability sustained or incurred by QLDC as a result of the Hirer's use of the Facility (including without limitation by way of any breach of this Agreement by the Hirer, or the Hirer's negligence).

2. To the extent permitted by law, QLDC is not responsible for, and shall not be liable to the Hirer or any third party, for personal injury to persons, or damage to or loss of personal clothing, equipment, vehicles or any other property during the Hire Period.

1.6 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 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.

3. It is the Hirer's responsibility to make themselves familiar with the evacuation procedure in case of fire at the Community Facility.

4. In case of fire at a Community Facility, the Hirer must ensure the evacuation procedure is followed immediately and fire emergency response is notified.

5. The Hirer is responsible to assign and instruct fire wardens for the hire period.

6. All accidents, incidents and near misses must be notified to Queenstown Lakes District Council.

7. A Health and Safety plan must be submitted on request.

8. Marquees to be erected on QLDC grounds and reserves may be staked, however, it is the hirer's duty to ensure all underground services such as power, gas, water, telephone, optic and irrigation are marked out by detection service providers prior to installation of the marquees. It will also be the duty of the hirer to take all practicable steps to ensure any stakes placed is done in accordance to the Worksafe Guide for Safety with Underground Services. Any damage to underground services will need to be repaired or re-instated by QLDC approved contractors, and at the hirer's cost. Under no circumstances (emergency or other) will excavation of/or around any underground services take place without the direct approval and supervision of QLDC. A record (photographic or otherwise) of the event area condition may be supplied to QLDC prior to the event taking place to identify any pre-event damage that exists. If a pre-event record of the site condition is not submitted (by the hirer) prior to the event the determination of damage caused will be at the sole discretion of QLDC.

1.7 Beverages

1. The Hirer must use the QLDC in-house coffee supplier for the supply of beverages when hiring the Queenstown Events Centre facilities and grounds.

1.8 Parking

1. The Hirer shall ensure that no vehicle obstructs access in any way, or contravenes any restricted parking signs.

2. The Hirer must only park in designated car parking areas. Parking or driving on grassed or landscaped areas is prohibited unless directed by the QLDC.

1.9 Indoor Sporting Activities

1. Community Facilities that are hired for indoor sporting activities including badminton, basketball, football, volleyball and netball are not purpose-built and are not warranted to be compliant with current guidelines in terms of court dimensions and space surrounding the indoor courts.

2. Hirers who use a Community Facility for such activities accept the courts in their current configuration and condition.

1.10 Miscellaneous Matters

1. Smoking is not permitted on the ground at any time.

2. Glass is prohibited on the grounds.