Terms and Conditions of Venue Hire

1. Definitions

• Agreement means this Agreement.

• Arrowtown Community Centre means the Community Venue at 4 Suffolk Street, Arrowtown 9302.

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

• Community Venue means the QLDC owned property or ground and its facilities.

• 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 Period means the agreed time for which the Community Venue is hired for and includes the induction to the Community Venue and the cleaning time after the Event.

• Hire Price means the fee charged for use of a QLDC Community Venue.

• Lake Hayes Pavilion means the Community Venue at 1/719 Gibbston Highway, Frankton, Lake Hayes 9371.

• Queenstown Events Centre means the Community Venue at 33 Joe O'Connell Drive, Frankton, Queenstown 9300.

• Ticketing Service means any ticketing company that QLDC has an agreement with to provide ticketing services for events.

• QLDC means the Queenstown Lakes District Council.

• Regular Hirer means a Hirer who has more than 10 bookings within each financial year (1 July to 30 June).

• 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 individual Community Venues. 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 Venues.

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.

3. The Hirer must not sublet the Community Venue.

4. 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.

5. The stated capacity of the Community Venue must not be exceeded at any time.

6. The Hirer must not allow any illegal activities to take place in or outside the Community Venue during the Hire Period.

7. It is the Hirer's responsibility to contact the Police immediately if there are any safety concerns from a person(s) disorderly behaviour.

2.2 Bookings

1. Bookings are for a minimum of one hour.

2. 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).

3. The Hirer must precisely state the type of activity to take place at the time of booking and use the Community Venue only for that purpose.

4. The Hirer must use only the area in the Community Venue that has been booked and confirmed.

5. 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.

6. The Hirer (or the legal entity representative as notified to the QLDC Venues Team Contact) is required to be present for the duration of the Hire Period.

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

8. The Hirer shall ensure that all persons have vacated the Community Venue by the end of the Hire Period.

9. All Community Venues must be vacated by midnight.

10. 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 Community Venue. If no damage results, the full Bond will be refunded to the Hirer.

6. Regular Hirers will be invoiced monthly and payment is due as stated on the invoice.

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

8. 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.

9. 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 Community Venue caused during the Hire Period or through any other breach of the Terms and Conditions in this Agreement.

   2. Any theft of QLDC property from the Community Venue during the Hire Period.

   3. Any extra cleaning, rubbish removal, repair or reinstatement of the Community Venue 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 emergency services call out or fire alarm activation other than for an emergency. QLDC reserves the right to impose an additional fire service fee of up to $1500+GST and the Hirer held liable for the full amount.

   6. QLDC noise control units that are sent to the Community Venue during the Hire Period.

   7. Any costs associated with a lost or damaged key.

   8. Any costs associated with security for a Hire Period.

10. 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 has the right to cancel the booking, or require the Hirer to immediately vacate the Community Venue, without notice, if QLDC:

   1. is unable to provide a safe Community Venue 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 Venue is required for Civil Defence Emergency Management purposes.

3. 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 vacate the Community Venue.

4. The Hirer may cancel any booking under this Agreement for any Community Venue by notifying the QLDC Venues Team Contact.

   1. QLDC will refund the Hire Price for all Venues, 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 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 Community Venue (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.

3. QLDC does not warrant that the Community Venue is suitable for the Event.

4. QLDC is not liable for any loss or expense that the Hirer incurs if the QLDC is not able to make the Community Venue available to the Hirer.

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 to the Community Venue), 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 Community Venue 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 Community Venue 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, activity or event at the Community Venue, 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 at the Community Venue 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 at the Community Venue.

5. It is the Hirer's responsibility to familiarise themselves with the evacuation procedure at the Community Venue. In case of an emergency at the Community Venue, the Hirer must ensure the evacuation procedure is followed immediately and appropriate emergency response is notified.

6. 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 use of the Community Venue.

7. If required by QLDC the Hirer must, prior to the commencement of the Hire Period, provide a health and safety plan for its proposed use of the Community Venue ("Plan"), for QLDC's approval. The Hirer shall fully implement and comply with the approved Plan throughout the Hire Period, and when requested shall provide QLDC with evidence of such compliance, to QLDC's satisfaction.

2.7 Conditions of Use

1. The Hirer must take proper care of the Community Venue and ensure that no damage occurs.

2. The Hirer must not remove or permit the removal of any furniture, equipment or other contents from the Community Venue without the permission of QLDC.

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

4. Smoking is not permitted inside a Community Venue.

5. No chewing gum is permitted inside a Community Venue.

6. No animals are permitted in a Community Venue, other than guide dogs for the visually impaired, registered companion animals or official animals of the NZ Police (except in the case of animal shows and exhibitions but subject to compliance laws).

7. The Hirer must ensure that the general public does not have access to the Community Venue, including the toilets, during the Hire Period.

8. Notwithstanding any other provision contained in this Agreement, QLDC may refuse admission to any person or require any person attending the Event to leave the Community Venue at the sole discretion of any QLDC staff member.

9. All electrical equipment brought in by Hirers must display the current tag that identifies that it has been tested and tagged by a qualified electrician. This is a QLDC regulation and any electrical equipment found in a Community Venue that is not tagged, will be removed.

2.8 Food and Alcohol

1. At the request of QLDC, the Hirer must use the QLDC in-house coffee supplier for the supply of beverages when hiring the Queenstown Events Centre.

2. The Hirer must obtain all licenses, including liquor licenses and consents required for the supply of the food and beverages.

3. Wanaka Recreation Centre is an alcohol free environment unless an alcohol licence is in operation.

2.9 Pack-out, Cleaning, Rubbish and Lock-up

1. The Hirer must remove all rubbish at the end of the Hire Period in accordance with QLDC waste minimisation policy.

2. The Hirer must leave the Community Venue, and all equipment and furnishings in a Community Venue, in good, clean and tidy order. This includes sweeping the floors, cleaning any dirty dishes, and removing any decorations.

3. Additional charges will be incurred in accordance with clause 2.3(i) if clauses 2.9(a) and 2.9(b) are not complied with.

4. The Hirer must secure the Community Venue after the Hire Period, and in particular:

   1. Turn off all electrical appliances, lights, heaters and stoves.

   2. Ensure that all windows and doors are secure.

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

2.10 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.

3. Driving or parking vehicles on the front lawn of the Lake Hayes Pavilion is not permitted under any circumstance. Damage caused by vehicles will be charged to the Hirer.

4. Only vehicles approved by QLDC are permitted in the Queenstown Gardens.

2.11 Noise and Music

1. Noise levels must be kept to an acceptable level at all times. Failure to reduce noise levels at the request of a QLDC official or the police will result in the Event being stopped.

For the Lake Hayes Pavilion Only

2. Music is permitted inside the venue only. DJ/Bands are not permitted to play outside the venue or in a marquee.

3. All windows and doors must be closed at 10pm to minimise noise. Cougar security will be onsite at 10pm to ensure you are complying with noise restrictions. If you are found to be in breach of the noise restrictions, $200.00 will be taken from the Bond.

4. Electricity to the power outlets is switched off at 11:30pm each night. Lights will remain available for guests to leave. Cougar security will be onsite to ensure guests are vacated by midnight.

For the Arrowtown Community Centre Only

5. Refer to the Noise Management Plan for this Community Venue.

2.12 Indoor Sporting Activities

1. Community Venues 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 Venue for such activities accept the courts in their current configuration and condition.

2.13 Furniture and Equipment

1. The Hirer is responsible for setting up, cleaning and packing away any furniture and equipment used during the Hire Period. All furniture must be returned to designated storage areas, ensuring that all fire exits are left clear at all times.

2. If the Hirer requires additional furniture and equipment than what is available at the Community Venue then it is the Hirer's responsibility to organise.

3. The Hirer is responsible for ensuring that all furniture and equipment brought into the Community Venue for the Event is removed by the end of the Hire Period.

4. QLDC is not responsible for the loss or damage to any equipment, furniture or personal items left in the Community Venue.

5. Furniture and equipment must be carried not dragged on the floor.

6. QLDC reserves the right to remove the Hirer's equipment or furniture left in a Community Venue after the Hire Period and dispose of this equipment or furniture.

2.14 Outdoor Reserve Conditions

1. When rainfall has occurred within 48 hours of the intended pack in or pack out, the Hirer must:

   1. Install ground protection on all reserve areas where equipment is to be installed and over high traffic areas.

   2. Obtain approval from QLDC to commence planned pack in / pack out on the grounds.

   3. Obtain approval from QLDC to commence car parking on the grounds.

   4. Comply with any direction of QLDC not to start or to stop the pack in / pack out.

2. No signs, equipment, lighting or any other structure shall be fastened to any tree.

3. No equipment that requires a heat source to function (e.g. gas hob) shall be operated beneath the crown of any tree, unless it is operated within the confines of a roofed structure. This is in order to avoid scorching damage to the tree.

4. No petrol or diesel driven stationary machinery shall be placed beneath the crown of any tree in order to avoid fuel spill into the root zone and scorching damage to the tree as a result of the emitting of hot exhaust gasses.

5. No oils or other food preparation related liquids shall be allowed to be discarded onto the ground; adequate provision shall be made for the safe disposal of such products.

6. The Hirer is responsible for ensuring all underground services such as power, gas, water, telephone, optic and irrigation are marked out by detection service providers prior to installation of any marquees. Any damage to underground services will need to be repaired or re-instated by QLDC approved contractors at the Hirer's cost.

2.15 WiFi in Venues

1. The service may not be uninterrupted or error-free.

2. Viruses or other harmful applications may be available through the service.

3. Personal equipment connected to the service is the owner's responsibility and the council will not be liable for the property.

4. QLDC does not guarantee the security of the service and that unauthorised third parties may access your computer or files or otherwise monitor your connection.

5. QLDC's ability to provide the service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this section and it would require a substantial charge if any of these provisions were unenforceable.

6. The service and any products or services provided on or in connection with the service are provided on an "as is", "as available" basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the services, goods or personnel resources provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by the council, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed.

2.16 Miscellaneous Matters

1. The Hirer must not use any of the Community Venue equipment, fixtures, fittings, heating or ventilation systems other than for the intended purpose.

2. No substance shall be deposited in toilets, sinks or drains that will cause blockage or damage.

3. Lighting with a naked flame is not permitted in a Community Venue. This includes candles, oil burners, open fires, smoke machines, kerosene lamps, barbecues or spits.

4. Ballroom powder, confetti or glitter is not permitted at a Community Venue.

5. Where a bouncy castle is permitted inside a Community Venue, it must be powered only by an air compressor.

6. Any damage to the building, art work, exhibit, furniture fitting, fixture or chattel within a Community Venue must be reported immediately to QLDC Venues Team Contact.

7. If commercial recorded music is used in a Community Venue, it is the responsibility of the Hirer to comply with all copyright requirements.