Terms and Conditions of Hire

Providing clarity about what should happen in any given situation

1: DEFINITIONS
2: USE SUBJECT TO CONDITIONS
3: SCHEDULE OF FEES
4: APPLICATION FOR USE
5: SECURITY DEPOSIT / BOND
6: CONFIRMATION OF HIRE
7: LIMIT OF HIRING
8: SUB-HIRING
9: FREE ACCESS
10: BOX OFFICE
11: FORCE MAJEURE
12: CANCELLATION OR RESCHEDULING OF EVENTS & REFUNDING OF TICKETS
13: PERFORMING RIGHTS & LEGALITIES
14: EVENT INFORMATION
15: TECHNICAL REQUIREMENTS
16: STAFF
17: VENUE MANGEMENT: BUMP IN / REHEARSAL / EVENT / BUMP OUT
18: SALE OF MERCHANDISE
19: PROMOTION, PUBLICITY & OTHER SERVICES
20: USE OF EQUIPMENT
21: DECORATIONS, STAGE FITTINGS
22: EMERGENCY MANAGEMENT
23: OCCUPATIONAL HEALTH & SAFETY
25: DESIGNATED CHILDREN’S PERFORMANCES
26: HAZARDOUS EVENT CONDITIONS
27: INGRESS & EGRESS
28: PIANOS
29: ANIMALS
30: CAMERAS
31: TIME LIMITATION
32: THEATRE STAGE DOOR & LOADING DOCK
33: FOYER
34: PARKING
35: EQUIPMENT STORAGE
36: DAMAGE
37: THEFT
38: INSURANCE
39: SMOKING
40: GAMBLING
41: SPRUIKING
42: SECURITY & POLICE ATTENDANCE
43: LOST PROPERTY
44: CLEANLINESS
45: CATERING
46: LIQUOR
47: CANCELLATION OF INTERVAL
48: PRIVACY
49: COMPLIANCE WITH LEGISLATION
50: LIABILITY & INDEMNITY
51: BREACHES & DISPUTES

 

1: DEFINITIONS

In these conditions, unless inconsistent with the text or the subject matter, the following definitions shall apply:

“Council” shall mean the City of Whittlesea

“Precinct” shall mean all spaces, buildings & amenities in and around the immediate area

“PRACC” shall mean the Plenty Ranges Arts and Convention Centre and can include any portion of the Precinct

“Coordinator” shall mean the Coordinator Cultural Venues and shall include a person appointed to act in their absence or proxy

“Customer” shall mean the person/business wanting to hold the Event and include all their personnel – employed & volunteer

“Patron” shall mean a person or persons who attend the Event

“Agreement” shall mean the Venue Hire Agreement

“Hire” shall mean the period of time an Agreement covers within PRACC

“Event” shall mean the purpose of the Hire

“Deposit” shall mean Security Deposit/Bond

“Ticketing” shall mean the Ticketing Specialist and shall include a person appointed to act in their absence

“Gross Box Office Sales” shall mean gross income received (including GST) by Ticketing from all ticket outlets less any administrative charges and box office commissions

“GST” shall mean the Goods and Services Tax pursuant to A New Tax System (Goods and Services Tax) Act 1998 as amended and any other regulations, acts, or rulings associated with this Act

2: USE SUBJECT TO CONDITIONS

Any use of any part of PRACC shall be subject to these Conditions. The Customer shall be deemed to be aware of all such conditions upon signing and returning of the Agreement.

3: SCHEDULE OF FEES

Fees for the use of PRACC are always available on the PRACC website. Customers should expect that published fees would increase each year. All fees may be altered by the Coordinator without prior notice.

4: APPLICATION FOR USE

No Agreement may be entered into or future dates reserved for Events by a Customer if there are outstanding monies not paid by the required invoice date from a previous Hire.

Application for use of PRACC shall be made to the Coordinator upon the Agreement supplied and shall be signed by the Customer before being countersigned by PRACC. Where the Agreement is made on behalf of an organisation or body of persons, the Customer shall state the name of such organisation and the authority of the applicant for undertaking the Agreement.

The Customer covers the costs of returning PRACC to the same condition in which the Customer found it – including but not limited to theatre, backstage, foyer, lighting and sound equipment.

Gross Box Office Sales will be held by PRACC and any monies owed to the Customer shall not be released until all Council processes have been completed. This can take up to two (2) working weeks.

Should the Customer fail to make payment of any or all amounts payable under the Agreement, PRACC shall be entitled at its option to do any of the following:

(a) hold all Box Office funds, if any, until full settlement of such outstanding amount

(b) take immediate action for the recovery of all amounts due from the Customer

(c) engage a Debt Collector to recover funds with any associated fees charged to the Customer

5: SECURITY DEPOSIT / BOND

The Deposit shall be held in trust and added/subtracted to the Final Invoice or Credit Note once it has been determined there is no breach of the conditions or abnormal cleaning to be done. This is subject to the Coordinator at the completion of the Agreement at their sole and unfettered discretion.

The Deposit can be held towards the discharge or payment of any liability or amount payable to PRACC by the Customer. This also includes damage to the venue as determined by the Coordinator.

The Customer shall be liable, on demand by the Coordinator, to pay any further amount to meet the full cost of running the Event.

6: CONFIRMATION OF HIRE

A Hire shall only be considered confirmed upon a signed (Customer) and counter signed (Coordinator) Agreement being in place and receipt of any deposit requested.

The Customer is responsible for ensuring that the right spaces, dates & times for the Event are covered by the Agreement.

7: LIMIT OF HIRING

The Customer shall only be entitled to the use of a particular part or parts of the PRACC, stipulated in the Agreement, and shall vacate PRACC punctually at the end of their event. PRACC reserves the right to hire any other portion of the PRACC not in use by the Customer for any other purpose at the same time.

Customers must note that hire of these spaces does not provide unencumbered access to foyer, bathroom amenities or areas attached to the spaces as these are public spaces.

PRACC does not guarantee the continuance or adequacy or quality of electricity, water or internet supply for your purposes even if you have made them known to PRACC.

If the law obliges you to obtain a licence or permit to use the part of PRACC or for anything you or your Guests do at PRACC, you must obtain and comply with the licence or permit.

8: SUB-HIRING

No portion of PRACC used shall be sub-hired or any tenancy transferred or assigned without the written consent of PRACC.

9: FREE ACCESS

The Coordinator and any PRACC staff whom Council may appoint, shall at all times and notwithstanding any Hire, be entitled to free access to any and every part of PRACC. This access will be done with the utmost discretion so as to not disrupt the Customers Event. This shall include but not be limited to the Operations, Box Office, Front of House, Technical Staff and Maintenance Contractors.

10: BOX OFFICE

The Box Office is located in the foyer of PRACC.

Standard Business Hours are 10:00am to 4:00pm, Monday to Friday.

Tickets will only be placed on sale once a counter-signed Agreement is in place and Deposit paid. The Customer shall conform to PRACC procedures regarding ticket selling arrangements.

It is suggested that the following price headings be used: Standard, Adult, Concession (Pensioner, Seniors Card Holder, Student, Unemployed), , Group Bookings, Children (2 to 17 years of age), Complimentary

Student Concessions will be taken to mean any student currently attending a school, either primary or secondary or students holding a full-time tertiary ID card. Pensioner Concessions will be taken to mean persons who are eligible for and holding a Federal Government Pension ID card. Patrons holding a Companion Card (issued by the Victorian Department of Human Services) will be issued a complimentary ticket, for their companion, when purchasing a ticket.

Sales Reports can be emailed periodically and arranged at the time Event sales are arranged with Ticketing.

The prices at which public tickets shall be offered for sale, and other relevant details regarding public ticketing, will be determined by the Customer and notified to Ticketing. The prices at which PRACC member tickets shall be offered for sale, and other relevant details regarding PRACC member ticketing, will be determined by the Coordinator.

Full ticket information shall be notified in writing to Ticketing at least five (5) business days prior to the commencement of sale or distribution of such tickets.

The applicable Inside (Customer) or Outside (Patron) Charges as specified in the fees on the PRACC website are payable to PRACC.

The Customer shall strictly adhere to all advertised prices of admission for each Event.

Any advertising material detailing ticket prices must contain a single, all inclusive, total amount per ticket, payable by the Patron.

Complimentary tickets and promoter’s tickets shall be charged to the Customer at standard fee rate.

PRACC may hold up to ten (10) House Seats per performance for its own use and remain the property of PRACC for use at Ticketing’s discretion for any Event within PRACC and are not to be included in determining the capacity of the theatre. Unused House Seats will usually be returned for sale prior to the Event.

PRACC may choose to sell any event tickets to PRACC members at a discounted rate.

All tickets are sold by Ticketing on behalf of the Customer, unless approved by the Coordinator. PRACC accepts no responsibility for cheques and credit card transactions not being met on presentation.

The PRACC Occupancy Certificate will limit the number of individuals who may be admitted to the auditorium at any one time.

11: FORCE MAJEURE

Notwithstanding any other provision of this Agreement, both PRACC & Customer agree that if either party is unable to satisfy their obligations under this Agreement due to items outside of their control, including but not limited to: civil commotion, fire, storm, flood, act of God, pandemic, decisions by Government or any of its Agencies or without limiting the generality of the foregoing, the affected party shall not be liable to the other for any loss or damage or costs suffered as a result of such default and the other party shall have no right of action of claim for compensation of damage in respect of such default.

12: CANCELLATION OR RESCHEDULING OF EVENTS & REFUNDING OF TICKETS

PRACC may terminate any Agreements &/or future dates reserved for Events by the Customer should outstanding monies not be received by the date required on the Final Invoice.

In the event of a cancellation by the Customer, notice of such cancellation must be received in writing by the Coordinator.

Cancellation of a Hire less than ninety (90) days prior to the Event will result in fifty percent (50%) payment by the Customer of any charges outlined in the Agreement.

Cancellation of a Hire less than thirty (30) days prior to the Event will result in full payment by the Customer of any charges in Agreement.

In any circumstances where ticket monies are to be refunded, administration charges per transaction will apply covering but not limited to, bank fees, inside charges, online and postage fees.

PRACC offers no refunds or exchanges for tickets purchased unless at the discretion of the Customer or Coordinator.

If the Customer wishes to move their Event to an alternate date, providing PRACC has not suffered the loss of an alternative booking, the Deposit may then be transferred to a new Hire date. Patrons holding a ticket who are unable to make the new date would receive a full refund with administration fees charged back to the Customers Event.

In the event of a pandemic or Government direction, Box Office will offer a full refund or exchange in any of the below circumstances, up until one hour prior to the Event, if the Patron:

• has developed any of the recognised symptoms, came into contact with anyone displaying symptoms or a confirmed case of the pandemic

• determines not to attend the Event in order to comply with Emergency Guidelines enacted by Government, the terms and conditions of sale or directions or instructions given by PRACC

13: PERFORMING RIGHTS & LEGALITIES

The Customer shall not produce or perform, or permit to be produced or performed, any dramatic or musical works in infringement of copyright or performance or associated rights. This shall include music used in presentations, as part of entertainment for, or as incidental music to an Event.

Please contact One Music on 1300 162 162 or via hello@onemusic.com.au for advice in this matter. https://onemusic.com.au/

The Customer hereby indemnifies both PRACC & Council against any claim for breach of copyright in connection to the Event.

14: EVENT INFORMATION

The Customer must provide PRACC with detailed Event Information by the disclosed dates set out by the Coordinator at beginning of your booking

The Customer must promptly inform PRACC of any change to the Event Information provided including, but not limited to, changes to any item or work to be performed.

Unless specified in the Event Information and agreed by PRACC, PRACC is not obliged to provide or make available any equipment for use by you in respect of the Event.

15: TECHNICAL REQUIREMENTS

Full Technical Specifications for PRACC are available online or upon request. A production meeting, either in person or on the phone, regarding Event specific requirements can be organised with the Customer prior to the Hire.

PRACC has a standard technical set up that is set for all Hires. The Customer covers the costs of returning PRACC to the same condition in which the Customer found it – including but not limited to theatre, backstage, foyer, lighting and sound equipment.

For the smooth running of the Event it is important for the Customer to return all technical, staffing and other requirements at least four (4) weeks prior to the Event. If there are any changes after this time, PRACC will do everything possible to accommodate changes but they cannot be guaranteed.

Customers that do not provide technical requirements two (2) weeks prior to their Event will have staff and equipment allocated as determined by the Coordinator and will be charged accordingly.

PRACC has a permanent lighting control position (Bio Box) above the back row and doesn’t impede on audience seats.

PRACC has a permanent audio control position in the Bio Box. A temporary operation position can be constructed at the rear of the auditorium in seats L21 to L24 & M23 to M27.

Additional seats, for videographer/photographer etc, can be placed on technical hold and should not obstruct the view of any Patron.

Holds must be submitted as part of the Ticketing form prior to the on sale of your event.

16: STAFF

The Customer shall utilise the services of the staff normally engaged by PRACC. Minimum staffing is included in venue hire fees.

A Senior Technician will be provided whenever the Yan Yean and Woodstock Theatre is in use and commences 30mins prior to & concludes 30mins post your Event booking.

A second Technician accompanies the Senior Technician whenever the Yan Yean Theatre is in use.

A Front of House Supervisor and Front of House Staff commence 1hr prior to your Theatre Performance starting.

A Front of House Supervisor and a technician assist all function room bookings and commence 30mins prior to & concludes 30mins post your Event booking.

Food and Beverage staff are added to the Event on an as needed basis.

Additional staff are available as required.

Minimum call for all Staff is 4hrs & then in 15min increments after.

  • Customer will incur penalty charges for any staff member that works more than 5hrs without a minimum 30min break
  • Customer will incur penalty charges for any staff working in excess of 10 hours in a single shift
  • Customer will incur penalty charges for staff working inbetween the hours of 12:00 Midnight and 07:00am
  • Customer will incur double time for all hours worked on public holidays
  • Customer will incur double time if a 10 hour break between shifts for the same Event has been missed
  • Staff can be rostered for a split shift with both shifts needing to be minimum 4hr call.

17: VENUE MANGEMENT: BUMP IN / REHEARSAL / EVENT / BUMP OUT

The PRACC staff assigned to the Event oversee the overall running of PRACC during the Event. This includes the wellbeing of Customer, Patrons, PRACC staff and providing the best possible conditions for the smooth operation of any Event.

No Theatre Event may commence until the Front of House Supervisor has advised the Senior Technician that Patrons are in place.

Patrons should have a break at least every two (2) hours and an interval should be in the vicinity of twenty (20) minutes.

It is at the discretion of the Coordinator if alcoholic drinks are sold during the Event. The Customer may request otherwise and should be discussed prior to the commencement of the Event.

18: SALE OF MERCHANDISE

PRACC Staff can be provided, at cost, to sell merchandise items. A Customer may use their own Seller if desired.

All merchandise sold will incur a 10% Commission Fee or $200.00, whichever is greater, and is reconciled on site immediately after the Event. This fee may be waived for non-commercial and community focused Hirers at the discretion of the Coordinator.

Requests for merchandising tables, sellers and floats must be made prior to the commencement of your Event. We are not able to guarantee the availability of the above items if requested during the Event, therefore, we ask you advise us of your requirements seven (7) days prior to your Event.

19: PROMOTION, PUBLICITY & OTHER SERVICES

All programs and publicity material produced for an Event at PRACC must clearly acknowledge PRACC and its correct contact details. For assistance in the use of the PRACC logo and other details please contact Ticketing.

Promotion of the Event can be tailored to suit a Customers intended audience and budget. PRACC offers advance promotion of Events from material supplied by the Customer. PRACC has an extensive e-database and mailing list. A service charge will be charged for access to these services.

No pull up banners can be displayed within PRACC prior to the Event. Banners that the Customer bring with them on the day of and then remove at the conclusion of the Event are allowed.

20: USE OF EQUIPMENT

Only persons approved by the Coordinator or Senior Technician shall be permitted to operate the electrical and stage services within PRACC. This shall include lighting equipment, visual equipment and sound amplification equipment. Any costs resulting from employing a suitable operator for this equipment is the responsibility of the Customer.

In particular, the counterweight flying system and elevated work platform shall only be operated by trained PRACC staff.

Any damage sustained to or injury sustained by PRACC equipment & facilities when in use by a Customer or external operator shall be the responsibility of the Customer.

21: DECORATIONS, STAGE FITTINGS

No stage property, electrical installation, appliance or decorative materials or articles of any kind shall be brought into the PRACC without the consent of the Coordinator.

22: EMERGENCY MANAGEMENT

At the commencement of the Hire a PRACC Supervisor will provide a short Orientation Briefing to familiarise the Customer with PRACC emergency exits and evacuation points.

In case of emergency &/or evacuation PRACC will designate a Warden who will take control of the Precinct.

PRACC and Council staff are inducted into PRACC & Council Emergency Management Procedures and all instructions given should be followed.

23: OCCUPATIONAL HEALTH & SAFETY

Customers must adhere to all Occupational Health and Safety (OH&S) requirements including those relating to exposure to noise, working at heights, manual handling and safe operation of equipment.

PRACC operates within the OH&S Guidelines and Codes of Practice which include, but is not limited to the following: Electrical Safety, Working at Heights, Manual Handling, Hazardous Substances and Noise.

 24: CHILD SAFETY

PRACC is committed to providing and promoting child safe environments. PRACC has zero tolerance to child abuse and aims to create a child safe and child friendly environment where children feel safe and secure and have fun. This includes the physical, emotional, cultural and social wellbeing of all children.

Council is a child safe organisation. Legislation request that any person acting in a paid or unpaid position, and having direct, unsupervised contact with children, is to comply with Victorian Child Safe Guidelines (https://www.vic.gov.au/new/child-safe-standards-a.html).

All Customers who are, or are likely to be engaged in child-related work that involves direct contact with a child or children and where that contact is not directly supervised by another person, will be required to hold a Working With Children Card (WWCC) as prescribed in the Working with Children Act 2005.

It is required that all Customers declare understanding of Child Safety in the Safety and Wellbeing Forms sent by PRACC.

It will be the responsibility (financial and otherwise) of each existing and prospective Customer to apply for and obtain a WWC or renewal.

Customers issued with a WWC are advised to carry the WWC on them at all times when conducting child related work.

25: DESIGNATED CHILDREN’S PERFORMANCES

All children, regardless of age, must hold a valid ticket to all Events unless otherwise stated.

If agreed by the Customer, infants/toddlers will be admitted to Designated Children’s Performances free of charge if seated on the lap of their parent or guardian. The age limit, up to a maximum of two years of age, is determined by the Customer and will be identified in marketing material for the Event.

A limit of one child per adult applies in this circumstance.

26: HAZARDOUS EVENT CONDITIONS

It is the policy of Council to ensure that every Event within the Precinct is conducted in a safe manner.

To assist in achieving this outcome, PRACC requires each Customer to complete a Safety and Wellbeing Form containing a Risk Assessment. This Assessment forms part of the Agreement and must be completed and returned at least 14 days before an Event.

The Customer agrees to notify PRACC of any conditions that may be considered hazardous. These include but are not limited to: all overhead rigging of scenery, displays, persons or props, any explosive or pyrotechnic effects, any use of naked flame, smoke, haze, fog or dry ice, any combustion engine entering the venue, use of straw/hay bales, erection of temporary staging or platforms and the like, use of water, weaponry and manual handling hazards.

The bringing into PRACC or use of confetti, streamers, straw/hay, glitter, or any other articles deemed by the Coordinator to be objectionable or unsafe, is expressly prohibited.

In the event that PRACC is not notified of a hazardous condition, the Event may be halted immediately.

27: INGRESS & EGRESS

The Customer shall comply, in every respect, with the regulations relating to public buildings. The Customer shall maintain clear and useable, all exits and entrances throughout the Precinct.

The Coordinator shall have complete control and supervision over all means of ingress and egress and over the opening of the doors and the admission of the public. Any article causing such an obstruction may be removed.

At no time are Customer vehicles to be parked on or restrict access to entrances.

28: PIANOS

All Pianos shall be used only by competent pianists. Use of Pianos shall be available only when satisfactory arrangements to use it have been made with the Coordinator. The Customer shall, with the written authority of the Coordinator, use the Pianos for their intended purposes only.

PRACC pianos are maintained in good order and hire cost includes an initial tune. Additional tuning requested for an Event by a Customer, or deemed necessary by the Coordinator, will be arranged by PRACC at the Customers cost.

29: ANIMALS

No animals shall be allowed with the PRACC or the Precinct unless approval in writing is given by the Coordinator.

Service animals are allowed access as per legislation.

30: CAMERAS

No still cameras or video cameras shall be used within PRACC without consent of the Coordinator.

31: TIME LIMITATION

PRACC may impose finish times for Events across the Precinct. In any case, the Dressing Rooms should be vacated immediately after the conclusion of an Event and the bump-out should be undertaken directly upon the conclusion of the Event unless otherwise agreed.

32: THEATRE STAGE DOOR & LOADING DOCK

For the safety and security of Customer personnel PRACC recommends the use of Event passes, guests registrations/signing in and restricting access to backstage areas. Customers need to ensure that performers, crew and any others seeking access backstage are suitably briefed before the Event.

Stage Door & Theatre Loading Dock

  • Located to the right of the main building
  • It is expected that all Customer personnel associated with the Event would utilise this entrance upon arrival

33: FOYER

The foyer is a shared, public space at all times and a booking at PRACC does not include exclusive access to the Foyer and should not to be used for gatherings of performers/cast members.

There is an active call centre operating from the Box Office and any movement of Event related personnel through the Foyer need to be wary of noise levels.

The Foyer and its amenities are not to be used for warm ups/rehearsals or as a dressing room or holding area. Shoes must be worn at all times and running is prohibited.

Auditorium Doors may not be used for anything other than for the ingress/egress of Patrons. All Customer personnel must enter via either of the Stage Doors. All set, costume, props and associated items for the Event must enter via the Loading Dock.

Prior to the conclusion of your Event, please consider how any students performing will be released back to their parents. Inform both the Supervisor Front of House & Senior Technician at the commencement of the Event.

We suggest the Stage Door, or if not in use for the performance, the Woodstock theatre. Performers may not be released off the front of the stage, or from the main theatre auditorium.

34: PARKING

Parking in the Loading Dock is restricted to vehicles directly involved in loading of props and sets and may be used for Customer personnel.

There is no parking along the PRACC entrance way, roundabout, or nature strip at any time.

There is free car parking available through the Precinct.

35: EQUIPMENT STORAGE

(a) The Customer shall remove from PRACC all scenery, curtains, properties, goods and effects of the Event within a reasonable time after each Hire, or if previously approved by the Coordinator in writing, after the last of any series of Events or Hire uses. Failure to vacate PRACC within a reasonable time, as determined by the Coordinator, may result in an appropriate storage charge being levied. PRACC accepts no responsibility for items left onsite after an Event

(b) The Customer shall make adequate arrangements for the receipt and custody of all articles supplied to them at PRACC during the period of use and for the removal thereof immediately upon the termination of such period

(c) PRACC may give notice in writing to the Customer of any goods and chattels or effects left at PRACC on the completion of the Hire. Such notice shall be emailed to the Customer at the address given by them

(d) If, upon the expiry of ten days immediately following the date of emailing of such notice, the Customer has not removed the specified goods, unless otherwise agreed in writing, PRACC shall be at liberty to dispose of such goods in any manner it chooses. Upon the happening of such an event, the Customer expressly releases both PRACC & Council, it's servants or agents from all liability therefrom

36: DAMAGE

(a) The floor (including stage areas), walls or any other part of PRACC 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. Notices, signs, advertisements, scenery, fittings or decorations of any kind must not be erected within PRACC or affixed to the walls, doors or any other part of PRACC curtains, fittings, furniture, mechanical, electrical and other equipment, without prior consent of the Coordinator

(b) The Customer shall be responsible for making good any damage to PRACC

(c) In the case of damage by the Customer, PRACC may, without notice, take control or hold a portion of the Gross Box Office Sales for the purpose of making good any repairs

(d) If the Customer neglects or refuses to make good any damage for which they are held responsible, the Council will make good these damages. The Customer shall pay the Council upon demand, all sums of money reasonably incurred by the Council in so doing

37: THEFT

Neither PRACC or its staff shall be liable for any loss or damage sustained by the Customer or any persons, firms or corporations entrusting to or supplying any article or thing to the Customer by reason of such articles or thing being lost, damaged of stolen.

The Customer hereby indemnifies both PRACC & Council against any claim by any such person, firm or corporation in respect of such article or thing.

38: INSURANCE

For all use of PRACC all physically active events and any seminar/conference or function use of any venue at PRACC, the following shall apply:

(a) The Customer shall not do, neglect to do, or permit to be done, or left undone, anything which will void either PRACC or Council’s insurance policy or policies relative to building damage, fire or loss, and public risk in relation to the building and its contents. The Customer agrees to indemnify the Council to the extent that such policies are affected through any such act, commission or omission

(b) The Customer must take out and keep current during the period of hire a Public Liability Insurance Policy for a minimum sum of $10 million against all actions, costs, claims, charges, expenses and damages whatsoever which may be brought, or made or claimed against the Council or the Customer arising out of or in relation to the use of PRACC

(c) The Customer must provide evidence of public liability insurance in the form of a Certificate of Currency

(d) The Customer is advised to take out a Policy of Insurance to cover loss or damage to property which it owns or for which it is responsible, whilst stored in, or in use at PRACC

(e) Where the Customer employs staff or uses subAgreementors to perform duties at PRACC it must comply with the provisions of the Occupational Health & Safety Act 2004, Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation 2013. A valid Certificate of Currency from an authorised Workcover Agent shall be made available to Council if so requested

(f) Council is able to assist with arranging short term Public Liability coverage to meet these requirements for an arranged fee For use of all venues for static seminar/meeting/conference events with expected attendances of less than 100 persons and for visual arts exhibitions the following shall apply:

(a) The Customer shall not do, neglect to do, or permit to be done, or left undone, anything which will void either PRACC or Councils insurance policy or policies relative to building damage, fire or loss, and public risk in relation to the building and its contents. The Customer agrees to indemnify both PRACC & Council to the extent that such policies are affected through any such act, commission or omission

(b) The Customer is advised to take out a Policy of Insurance to cover loss or damage to property which it owns or for which it is responsible, whilst stored in, or in use at PRACC

(c) Where the Customer employs staff or uses subAgreementors to perform duties at PRACC it must comply with the provisions of the Occupational Health & Safety Act 2004, Accident Compensation Act 1985 and the Workplace Injury Rehabilitation and Compensation 2013. A valid Certificate of Currency from an authorised Workcover Agent shall be made available to Council if so requested

No obscene or insulting language, or disorderly behaviour or damage to property, shall be permitted in any part of PRACC or its Precinct. Both PRACC & Council reserves the right to refuse admission to any person or to remove from PRACC any person doing such things as are prohibited by this Condition.

Footwear shall be worn at all times unless required by a performance.

39: SMOKING

PRACC is a smoke free environment across the entire Precinct unless rehearsed and covered in an Event by a supplied Risk Assessment.

40: GAMBLING

No game of chance or any other operation that does not comply with the laws for the time being in force, shall take place anywhere in PRACC. No raffle shall be conducted at PRACC without the permission of the Coordinator.

41: SPRUIKING

Calling out loud or spruiking in relation to any Event shall not be permitted anywhere within the Precinct. PRACC remains a neutral entity for Hire and should not be included in or affiliated with political or religious statement and visions.

42: SECURITY & POLICE ATTENDANCE

PRACC, acting reasonably, reserves the right to arrange for licensed security personnel to attend an Event at the Customers’ expense.

The Customer shall, when so directed by the Coordinator, arrange for Police &/or Security attendance. The Customer may also request arrangement of Security for their Event if required.

43: LOST PROPERTY

Employees of PRACC shall be the only persons authorised to enter, examine and search the Precinct, or any section or part thereof, for lost property left at PRACC by any Customer or Patron.

All articles found at PRACC shall be delivered to the Box Office for registration and retention, until properly claimed by the owner. After a period of three months all lost property will be donated to charity.

44: CLEANLINESS

A professional clean of areas used as part of the Hire is included in the overall Agreement. Bins are situated around the Precinct for both Waste & Recyclable material.

Post Event, should PRACC be found to be in an abnormal state as a result of the Customer’s use and/or the Event other than is reasonably expected, additional hours will be charged at the Coordinators discretion. Items included but not limited to are: confetti, streamers, weight lifting powder, rubbish, make up & glitter.

45: CATERING

PRACC is serviced by both a small internal team and a larger external catering company.

Customers may consume their own food in the backstage areas of the Precinct, however, once catering is required, to ensure that food handling guidelines and regulations are adhered to all catering requirements must be sourced and provided from within PRACC.

46: LIQUOR

PRACC is a licensed premises. Pursuant to the provisions of the Liquor Act, liquor may not be carried into or away from the licensed premises. This does not apply to a carrier, deliverer or other person delivering liquor to or collecting liquor from the licensee in the ordinary course of business.

Liquor to be consumed within the Precinct shall be purchased from the Council appointed licensee through the PRACC Facilities and no liquor shall be brought into the Precinct by the Customer or Patrons of any Event.

No alcoholic drinks are to be consumed by the Customer, PRACC staff, operators of PRACC equipment or person working on an Event at any time within PRACC.

Events requiring alcohol service will have security arranged and charged to the Event.

47: CANCELLATION OF INTERVAL

Notice of cancellation must be received in writing by the Coordinator prior to the Event.

48: PRIVACY

PRACC, as part of City of Whittlesea, is required to comply with privacy legislation. Privacy obligations limit the circumstances in which information about patrons can be disclosed.

Information about individual patrons attending events at PRACC is not routinely provided to the Customer unless patrons have specifically opted in to receive future correspondence from the Customer.

49: COMPLIANCE WITH LEGISLATION

All statutory rules, provisions and regulations of the Federal and State Government, in particular the Centres and Public Hall Act, 1908, and any Entertainment Tax Act, and regulations thereunder for the time being in force, shall be complied with by the Customer. The Customer shall comply with all directions given by any competent authority including all Emergency Services

Personnel and any person holding a like appointment and shall comply with all rules, regulations and directions.

50: LIABILITY & INDEMNITY

The Customer agrees to indemnify and to keep indemnified and to hold harmless Council and PRACC, 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 against the Council, PRACC or Customer or all arising out of or in relation to the granting of such agreement for use of the Facilities.

51: BREACHES & DISPUTES

Any person, Patron, Customer or member of the general public, committing a breach of one or more of these conditions may be removed from the Precinct.

In the event of any dispute or difference arising to the interpretation of these conditions the decision of PRACC or their delegates shall be final and conclusive.

 

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